Terms of Service
EFFECTIVE DATE: September 28, 2024
OVERVIEW
This Web site www.beachriot.com is owned and operated by Designs by Nikki LLC d/b/a Beach Riot and its affiliates. Throughout the Site, the terms “Beach Riot,” “we,” “us,” and “our” refer to Beach Riot. These Terms of Service apply to any Web site or application (as well as any features, widgets, plug-ins, content, downloads or other services) that posts a link to this page (collective, the “Site”).
By visiting our Site and/ or purchasing something from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including the Dispute Resolution procedures set forth herein, our Privacy Policy {https://beachriot.com/pages/privacy-policy} and any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, account holders, vendors, customers, merchants, and/ or contributors of content, as applicable.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. THEY APPLY TO ALL USERS OF THE SITE, REGARDLESS OF WHETHER THEY CREATE AN ACCOUNT OR MAKE A PURCHASE ON THE SITE .By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to these Terms, our Privacy Policy, or any other legal notices, conditions or guidelines located within the Site, please exit our Site. If you have any questions regarding our policies or your use of our Site, please contact us by e-mail at info@beachriot.com or by mail to Beach Riot, 828 Production Place, Newport Beach, CA 92663, Attn: [Alexandria Clements]
Any new features or tools which are added to the Site shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site and/or by notifying you via e-mail or other method of notification. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Our Site is hosted on Shopify Inc. (“Shopify”). Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.
ONLINE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or jurisdiction of residence, or that you are the age of majority in your state, province or jurisdiction of residence and have given us your consent to allow any of your minor dependents to use this Site. If you are under the age of majority in your jurisdiction, please exit now and do not use this Site.
You may not use our Site or products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services and/or access to the Site.
OWNERSHIP OF SITE CONTENT; TRADEMARKS
Unless otherwise noted, all photographs, pictures, graphics, product descriptions, and all other images, including digital, printed and video images, and portions thereof, and all content, data, information, news, and all other text and materials, including digital, printed and audio materials, along with the layout and design of the Site and all documentation, data, services, features, products and other content at the Site (collectively, “Site Content”) are protected by the copyright laws of the United States and other jurisdictions. All Site Content is owned by, or licensed to, Beach Riot. Site Content may not be reproduced, modified, redistributed or otherwise used in any way without a written license with the applicable Site Content owner.
Subject to and conditioned on your continued compliance with these Terms and all other terms and conditions that we may provide to you from time to time, Beach Riot grants you a personal, limited, non-exclusive, non-assignable, non-transferable, non-sublicenseable, revocable license to access and display on your personal computer or mobile device for your own use, but not copy or transfer or broadcast or otherwise use in any way, the Site Content found at this Site for your personal, non-commercial and educational use only. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
All rights not expressly granted by Beach Riot herein are reserved. Nothing on the Site or in these Terms of Service grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any Site Content or other materials of any third party or may be construed to mean that Beach Riot has the authority to grant any license on behalf of any third party.
Beach Riot trademarks, including its name, logo, all page headers, graphics, images, symbols, trade names and other marks found at the Site are the proprietary property of Beach Riot or its affiliates (collectively the “Marks”). Use of the Marks is strictly prohibited without the prior written consent of us. YOU MANY NOT USE THE MARKS IN CONNECTION WITH ANY AUCTION WEBSITE OR ONLINE MARKETPLACE, INCLUDING EBAY, AMAZON OR ANY OF THEIR AFFILIATES’ WEBSITES.
The trademarks of third parties may also appear on the Site from time to time; you may not use these trademarks without prior written permission of their respective owners. You acknowledge and agree that nothing on the Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of these trademarks, nor may anything be construed to mean that we have authority to grant any right or license on behalf of any third-party trademark owner.
RESTRICTIONS, LIMITATIONS AND CONDITIONS OF USE
Any unauthorized use of our Site, Services or Site Content for any purpose is prohibited. Your rights to this Site and/or Services are given on the condition that you use the Site and Services in accordance with these Terms. You may not use the Site and/or Services for any unlawful purpose and you may not:
• access, solicit, collect or use any personally identifying information about any other users of the Site or anyone else;
• restrict or inhibit others from using the Site;
• transmit to or introduce at the Site any viruses, harmful software, or other modifications or changes to the Site or reverse engineer, decompile, disassemble, reverse assemble or modify any Site source or object code or any software or other services or processes accessible through any portion of the Site , Services or Site Content (to the extent such restriction is permitted under applicable law);
• submit, upload, email or otherwise transmit any content or other materials, to or through the Site that: a) is threatening, abusive, defamatory, obscene, vulgar, offensive, or otherwise objectionable, or which may harm minors; (b) infringes or violates the rights of others; or (c) has an advertising, political marketing, promotional or other commercial purpose, unless expressly permitted in writing by Beach Riot;
• engage in any activities that interfere with another user’s access to the Site or the proper operation of the Site;
• distribute or copy any Site Content manually or by using any robot, scraper, crawler, or any other automatic device or process; frame or utilize framing techniques to enclose any Site Content; or use content from our Site in a manner that suggests an unauthorized association with any of our or our licensor’s products, services or brands; or
- use any Site Content to train large learning models or in connection with any artificial intelligence input or output services.
We have no obligation to monitor your interaction with the Site or Services but reserve the right to review or monitor the Site in our sole discretion.
CREATING AND TERMINATING ACCOUNTS
Some of the features on the Site may require or permit you to register for an account through an online registration process. When you register for an account, you will select login credentials and you agree that: you will not use a username (or e-mail address) used by someone else, that impersonates another person, belongs to another person, violates the intellectual property or other right of any person or entity or that is offensive. You will provide true, accurate, current and complete registration information about yourself during any account registration process and will update it as needed to keep it accurate. You will immediately notify us of any unauthorized use of your account, password or username, or any other breach of security; and you will not sell, transfer, or assign your account or any account rights. You are solely responsible for all activities that occur under your account, password and username whether or not you authorize the activity. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your device(s) so that others may not access any password-protected portion of our Site using your name, username, or password. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations in this section. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated or incomplete, or violates these Terms, or any applicable law, we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account, or suspend or otherwise deny you access to it, or its benefits all in our sole discretion, for any reason, and without advance notice or liability.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for products on our Site are subject to change without notice. We reserve the right at any time to modify or discontinue any product, the Services (or any part or Site Content thereof) on our Site without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services or any products on the Site.
PRODUCTS OR SERVICES; RETURNS POLICY
Certain products or Services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy located here: https://beachriot.com/pages/return-policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Beach Riot. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on the Site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy at https://beachriot.com/pages/return-policy.
UNAUTHORIZED DEALERS AND RESELLERS
Beach Riot’s products may sometimes be sold by dealers or resellers that are not authorized to do so. Beach Riot does not guarantee or warrant any of the products sold by unauthorized dealers or resellers. For example, dealers and resellers that sell Beach Riot products through online marketplaces like ebay.com are not affiliated with, or authorized to do so by Beach Riot. We urge you to make your purchase on our Site and otherwise to use caution when making a purchase from an unauthorized dealer or reseller.
CONTEST, SWEEPSTAKES AND OTHER PROMOTIONS
From time to time, Beach Riot may conduct promotions on or through the Site, including without limitation, contests, sweepstakes and other promotions (“Promotions”). Each Promotion may have jurisdictional limitations, additional terms and/or rules of participations (“Promotion Rules”) that will be posted on the Site or otherwise made available to you. The Promotion Rules for each Promotion in which you participate are deemed incorporated into and form a part of these Terms. It is your responsibility to read the Promotion Rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine your participation requirements.
GIFT CARDS
We may allow you to use a gift card (“Gift Card”) for certain transactions on the Site and Gift Cards may be subject to additional terms and conditions provided at the time of purchase. The following applies to use of Gift Cards on the Site and/or through the Services.
- Gift Cards may only be redeemed for purchases shipped within the United States.
• Gift Cards are available in US currency only. Any purchase made outside the United States shall be subject to current currency conversion rates.
- Gift Cards cannot be purchased with another Gift Card.
- Gift Cards are not eligible for returns.
- Gift Cards and credits cannot be redeemed for cash, except where required by law.
- If the amount of Gift Card does NOT cover the total order amount, the remainder of the purchase price can be made with a valid credit card.
- If the amount of the Gift Card is for MORE than the total order amount, the balance will be stored within your account for your next purchase using the same Gift Card Code.
- Gift Cards are non-transferable, non-refundable, and not redeemable for cash (except where required by state law). In the event a Gift Card code is non-functional, the purchaser’s sole remedy, and our sole liability, will be the replacement of such Gift Card.
- We cannot replace lost or stolen Gift Cards.
- Sales tax is not charged on Gift Cards but is applied to an order when the Gift Card is used.
- Gift Card terms and conditions are subject to change at our sole discretion. Any purchase of a Gift Card after such change shall constitute acceptance to these terms and conditions.
- Gift Cards may not be used in connection with any marketing, advertising or other promotional activities without our prior written approval. Use of our name, logo or trademarks in connection with the purchase or use of Gift Card is strictly prohibited.
- The laws of the State of California, without regard to principles of conflict of laws, will govern these Gift Card terms and conditions.
- If you have questions regarding the use of Gift Cards, please contact us at [info@beachriot.com or (949)966-0108].
PROGRAMS
We may offer you and other users the ability to participate in certain programs through the Site or Services, including without limitation or Instructor Program and College Program (“Programs”). By participating in any Program, you agree to and become subject to any specific Program terms provided through the Site and Services. Accordingly, it is important that you read any applicable terms from time to time regarding a Program. We may use third-parties to assist with our operation of certain programs and your access to them. Such third-parties may have additional terms in order to participate in a Program and by participating in any Program you are agreeing to such additional third-party terms that may be provided regarding your participation in a Program. For more information about our Programs, including any requirements for participation or eligibility, please see our Programs description available here: }
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new Services and/or features through the Site (including, the release of new tools and resources). Such new features and/or Services will also be subject to these Terms of Service unless stated otherwise.
THIRD-PARTY LINKS
Certain content, products and services available via our Services may include materials from third parties. Third-party links on the Site may direct you to third-party Web sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such sites and we do not warrant and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Web sites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SOCIAL MEDIA CONTENT.
From time to time, Beach Riot may request that it have the permission to use or you may have the ability to upload photographs, videos, captions and/or related content that you have posted on social media that features you wearing or otherwise displaying our products (your “Social Media Content”). If you grant Beach Riot permission to use your Social Media Content (whether through direct message, e-mail, upload, use of a designated hashtag, response to a comment, or otherwise), you agree to be bound by the following terms:
Beach Riot will have the worldwide and perpetual right, but not the obligation to:
- reproduce, exhibit and otherwise use your Social Media Content (including your name and/or captions that may be included in such Social Media Content) on Beach Riot’s owned and operated Web site(s) or social media channels, including in the Beach Riot Babes Gallery, currently located at beachriot.com/pages/shop-instagram
- enable users to "shop your look" and purchase products displayed in your Social Media Content, including, without limitation, by linking the images from your Social Media Content to the product pages on our Sites selling the products depicted and/or adding images and text to your Social Media Content relating to our products (including those that you tag in your Social Media Content)
- make reasonable edits to the Social Media Content in connection with the foregoing.
For any Social Media Content you submit, you grant to Beach Riot a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such Social Media Content and to incorporate the Social Media Content into any form, medium, or technology, now known or hereafter developed, throughout the world, including but not limited to non-digital media and advertising channels, all without compensation to you. For this reason, do not send us any Social Media Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Beach Riot the right to include the name provided along with the Social Media Content submitted by you; provided, however, Beach Riot shall have no obligation to include such name with such Social Media Content. You represent and warrant that you have all rights necessary for you to grant the licenses in this section, including but not limited to permission from or on behalf of any individuals that appear in the Social Media Content to use, and grant to third parties such as Beach Riot the right to use, their name, image, voice and/or likeness without compensation to you or any other person or entity. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding Social Media Content that you may have under any applicable law under any legal theory.
You represent and warrant that:
- You are the person pictured wearing or displaying Beach Riot products in the Social Media Content;
- You are the parent or guardian of any children who appear or are mentioned in your Social Media Content and grant express permission to Beach Riot to use the image of your children;
- You have the permission to grant the rights granted herein from any other adult who appears or is mentioned in the Social Media Content;
- You took all photographs or videos included in the Social Media Content or otherwise have the right to grant the permissions you have granted above with respect to the Social Media Content;
- You actually wore any products tagged, shown or mentioned in the Social Media Content;
- Any statements or testimonials that are included in your Social Media Content (including in the captions) are true and accurate and represent your current honest opinions, findings, beliefs, and/or experiences;
- You have not received any compensation, incentive, or other benefit from Beach Riot or any third party in exchange for posting the Social Media Content, using any product, or mentioning or tagging any products or brand, in your Social Media Content; and
- You have all necessary rights required to grant Beach Riot the permission to use your Social Media Content as set forth above and such use by Beach Riot will not violate the rights of any third party.
USER-GENERATED CONTENT
The Site may permit the submission of certain user-generated text, information, data, audio, photographs, files or other content (“User Submissions”) and the hosting, sharing, transmission and/or publishing of such User Submissions. User Submissions may be used, distributed and published by us and viewed by both general users and members of the Site. You understand that we do not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of submitting, posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all copyrights, trademarks, trade secrets, patents or any other proprietary or personal rights in and to your User Submissions to enable inclusion and use of such User Submissions in the manner contemplated by the Site and these Terms; (ii) submitting, posting or publishing your User Submissions on or through the Site does not and will not violate any confidentiality obligations between you and any person or organization or the privacy rights, publicity rights or other rights of any person; and (iii) you have the written consent, release, and/or permission of each and every identifiable person or organization in your User Submissions to use the name or likeness of each and every such identifiable person or organization to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms. You further affirm, represent and warrant that your User Submissions are not defamatory or libelous in any manner whatsoever.
You will retain all ownership rights in your User Submissions, and we will not use, reproduce, publish, distribute or display User Submissions owned by you and stored on our Site for our commercial purpose, without your consent or as otherwise permitted under these Terms. By submitting a User Submission to us you hereby grant to us a perpetual, worldwide, non-exclusive, royalty-free, fully paid up, sublicenseable and transferable license to use, post and store User Submissions on our Site and servers and publish, copy, distribute and display such User Submissions in connection with the Site and Beach Riot’s (and its successor’s) business, including without limitation the right to distribute such User Submissions to other users and third parties. You further hereby waive any and all moral rights and all rights of a similar nature in any jurisdiction in your User Submissions.
In connection with any User Submissions, you further agree that you will not: (i) submit or publish falsehoods, misrepresentations or statements that could damage us or any third-party; (ii) submit material that is false, misleading, inaccurate, derogatory, unlawful, obscene, defamatory, contains nudity, libelous, threatening, sexually explicit or pornographic, harassing, hateful, intimidating, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense of any federal, state or local law, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or business solicitations, including any “junk mail” or “spam;” (iv) impersonate another person, institution or organization or falsely state or otherwise misrepresent yourself, your age or your affiliation with any third-party, organization, institution or person; (v) upload, post, store or otherwise make available any virus, bug, Trojan horse or other computer file or program that is capable of destroying, interrupting or interfering with or limiting the functionality of the Site or any server, computer hardware, software or equipment. We do not endorse any User Submissions, or any opinion, recommendation, or advice expressed therein. We reserve the right to remove or revise Site Content, Social Media Content and User Submissions without prior notice. We also reserve the right to decide whether Site Content, Social Media Content or a User Submission is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, trademark infringement, violations of rights of publicity or privacy, obscene or defamatory material, or excessive length. We may remove such Social Media Content or User Submissions and/or terminate a user’s ability to access and/or distribute such material in violation of these Terms at any time, without prior notice and at our sole discretion.
You understand that when using the Site, you will be exposed to User Submissions and third-party information from a variety of sources and that we are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Submissions and third-party information. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
DIGITAL MILLENNIUM COPYRIGHT ACT
Notification. If you are a copyright owner or an agent thereof and believe that any User Submission, Social Media Content or other Site Content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information:
1. an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site;
3. a description of the location on the Site of the allegedly infringing material(s);
4. your address, telephone number, and e-mail address;
5. a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent for notice of claims of infringement is:
Copyright Agent
Beach Riot
828 Production Place
Newport Beach, CA 92663
copyright@beachriot.com
Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to customer service at info@beachriot.com. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
Counter-Notification. If you believe that any User Submission of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Submission, you may send a counter notification containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (iii) a statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material; and your name, address, telephone number, and e-mail address, along with a statement that you consent to the federal court of your jurisdiction and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter notification is received by the Copyright Agent, we shall send a copy of such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, we may, in our sole discretion, reinstate the removed material or cease disabling such material.
In accordance with the DMCA and other applicable law, we will, in appropriate circumstances, terminate access, at our sole discretion, of any member or user that we find to be a repeat infringer of others’ copyrights. We may also, in our sole discretion, limit or fully terminate access to the Site of any user infringing the intellectual property rights of others, regardless of whether such user is repeat offender or not.
USER SUGGESTIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to Beach Riot through the Site are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. Beach Rio shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. {https://beachriot.com/pages/privacy-policy}
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or in the Services or on any related Web site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Site, in the Services or on any related Web site, should be taken to indicate that all information on the Site, in the Services or on any related Web site has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or Site Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, Services or of any related Web site, other Web sites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or Service or any related Web site, other Web sites, or the Internet. We reserve the right to terminate your use of the Site, Services or any related Web site for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Site or Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Site or Services will be accurate or reliable. You agree that from time to time we may remove the Site or Services for indefinite periods of time or cancel any of the Services at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site and/or Services is at your sole risk. The Site, Services and all products and Services delivered to you through the Site are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Beach Riot, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site or any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.
If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your state or country of residence. Certain jurisdictions have heightened consumer protection laws that may make certain portions of these Terms inapplicable to you. For example, if you are a New Jersey consumer, certain provisions do not limit or waive your rights as a consumer under New Jersey law. The provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your jurisdiction. No provision of these Terms shall limit or waive your rights as a consumer under the law of your state or country of residence. In any event, Beach Riot reserves all rights, defenses and permissible limitations under the law of your state or country of residence.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Beach Riot and our parent, subsidiaries, affiliates, partners, and their respective officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of the Site and/or Services, breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Services constitutes the entire agreement and understanding between you and us and governs your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service will be governed by and construed in accordance with the laws of the the State of California, without giving effect to any principles of conflicts of law. Subject to the dispute resolution and arbitration provisions set forth below, you hereby consent and submit to the person jurisdiction of the state and federal courts located in Orange County, California.
DISPUTE RESOLUTION; INFORMATION RESOLUTION AND FORMAL RESOLUTION BY ARBITRATION / CLASS ACTION WAIVER
In order to expedite and control the cost of disputes, you and Beach Riot agree that any legal or equitable claim relating to the use of the Services or the use of any programs from the Services (referred to as a “Claim”) will be resolved as follows:
Informal Resolution:
You and Beach Riot will first attempt to resolve any Claim informally for a period of thirty (30) days after Beach Riot’s receipt of written notice from you regarding any potential dispute. In the event that any dispute between Beach Riot and you arises out of or relates to: (i) these Terms; (ii) the Services; or (iii) your account through the Services, you and we agree to try to promptly resolve any such dispute informally within such 30-day period. You must send the written notice describing the dispute to [info@beachriot.com].
Formal Resolution by Arbitration / Class Action Waiver.
READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute, controversy or Claim arising out of or relating to these Terms, Your use of the Services, or the purchase of any products from the Services, or the determination of the scope or applicability of arbitration shall be governed as set forth below.
If you and Beach Riot cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding arbitration (“Arbitration”). By agreeing to Arbitration, both you and Beach Riot understand and agree that all processes, such as a court action or administrative proceeding, to settle disputes shall be decided by a single arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and Beach Riot each agree to settle disputes (except certain small claims as set forth below) only by Arbitration.
ARBITRATION MEANS THAT YOU WAVE YOUR RIGHT TO A JURY TRIAL.
The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief and must honor the same limitations stated in these Terms as a court would. The Arbitration will be conducted under the American Arbitration Association Consumer Arbitration Rules (referred to as the “AAA Rules”) and under the rules set forth in these Terms. If there is a conflict between AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. You may, in Arbitration seek any and all remedies otherwise available to you pursuant to the law of the governing jurisdiction. If you decide to initiate Arbitration, Beach Riot agrees to pay the Arbitration initiation fee and any additional required deposit required by AAA to initiate your Arbitration. You and Beach Riot agree to pay equally the costs of the Arbitration proceedings, provided however, that if you are a consumer you shall not be required to pay more than $250.00 of the fees or such higher amount as the AAA Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of travel to the Arbitration, will be paid in accordance with AAA Rules. The arbitration will be held at a location in Orange County, California if possible, unless you and Beach Riot both agree to another location or telephonic Arbitration. To initiate Arbitration, you or Beach Riot must do the following things:
1. Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can file a Demand for Arbitration at https://www.adr.org/ .
2. Send one copy of the Demand for Arbitration to the other party.
Special rules in the Arbitration Proceeding.
1. Except for errors of law, the arbitrator’s decision is final and binding on all parties and may be enforced in any court that has jurisdiction.
2. Neither you nor Beach Riot shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities or arbitrate any claim as a representative member of a class or in a private attorney general capacity.
THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER.
Accordingly, you and Beach Riot agree that the AAA Class Action Rules do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such provision unenforceable, except for the prohibition on class, representative and private attorney general arbitrations. Notwithstanding the obligation to arbitrate all Claims under these Terms, you may assert an individual Claim in small claims court in lieu of Arbitration.
LIMITED TIME TO FILE CLAIMS
You agree that you will assert any Claim arising out of your use of any Services or the purchase of any product from this Services, if applicable, within one (1) year after the Claim arises, or such claim will be barred.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Site or the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE
If you are a consumer, the provisions in these Terms of Service are intended to be only as broad and inclusive as is permitted by the laws of your jurisdiction of residence. If you are a New Jersey consumer, for example, certain terms do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms as applied to you are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Beach Riot reserves all rights, defenses and permissible limitations under the law of your state of residence.
GEOGRAPHIC LIMITATIONS
Beach Riot controls and operates the Site and Services in the United States. If you use our Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Site may describe products and Services that are available only in certain jurisdictions (or only parts of them). We reserve the right to limit the availability of our Site and/or the provision of any Site Content, program, product, service, or other feature described or available on our Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any Site Content, program, product, service, or other feature that we provide. Further information on your rights regarding personal information collected on the Site are set forth in our Privacy Policy. [https://beachriot.com/pages/privacy-policy]
GENERAL CONDITIONS
We reserve the right to refuse or prohibit anyone from accessing or using the Site and/or Services for any reason at any time. You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@beachriot.com.
Our contact information is:
Beach Riot
828 Production Place
Newport Beach, CA 92663
Attn: Alexandria Clements
