Terms and Conditions
Terms and Conditions ("Terms")
Last updated: September 15, 2016
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.thelapelproject.com/ website (the "Service") operated by The Lapel Project ("us", "we", or "our").
By subscribing to our monthly subscription, you authorize us to charge your credit card an initial payment at the time of signing up, and a monthly recurring payment which will take place on the next billing day of your billing cycle. AUTOMATIC MONTHLY MEMBERSHIP RENEWAL FEES WILL BE AUTOMATICALLY CHARGED TO YOUR CARD ON FILE EACH MONTH. Billing days happen between the 1st and the 10th of each month. If your initial subscription date falls within the 11th and the end of the month, your recurring billing date will be changed to one of our standard billing days between the 1st and the 10th of the month. You may cancel your subscription at any time through your billing portal link provided when you subscribed, by contacting us through our support desk, or by email at support@TheLapelProject.com. You are responsible for any recurring charges that take place prior to cancellation. The Lapel Project reserves the right to move your next billing day at any time without any further authorization from you.
By subscribing to our prepaid subscription (3, 6 or 12-month plans with payment due upfront), you authorize us to charge your credit card an initial prepayment at the time of signing up. At the end of your prepaid subscription period, your subscription will automatically cancel, unless you inform us that you would like to renew your subscription. Prepaid subscriptions are only refundable within the first 15 days of signing up.
As stated above, you may cancel your subscription at any time through your billing portal, by contacting us through our support desk, or by email at support@TheLapelProject.com. Cancellations made after your payment was processed will take effect on the next renewal day. Canceling a subscription does not automatically give you a refund as canceling subscriptions only cancel future renewals and shipments. Failure to cancel a subscription before the next billing date will not be refunded. If you have any questions or problems, please contact us support@TheLapelProject.com.
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 16 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 16 years of age and have authority to use the credit card that is provided.
License to use website
Unless otherwise stated, The Lapel Project and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view / download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- ◦ republish material from this website (including republication on another website);
- ◦ sell, rent or sub-license material from the website;
- ◦ show any material from the website in public;
- ◦ reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- ◦ edit or otherwise modify any material on the website; or
- ◦ redistribute material from this website [except for content specifically and expressly made available for redistribution.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting on or in relation to this website without The Lapel Project's express written consent.
You must not use this website for any purposes related to marketing without The Lapel Project's express written consent.
Access to certain areas of this website is restricted. The Lapel Project reserves the right to restrict access to areas of this website, or indeed this entire website, at The Lapel Project's discretion.
If The Lapel Project provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
The Lapel Project may disable your user ID and password in The Lapel Project's sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to The Lapel Project a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to The Lapel Project the right to sub-license these rights, and the right to bring an action for infringement of these rights. By using the hashtag #The Lapel Project or tagging our handle @The Lapel Project, you grant us the right to reuse this photo at our discretion.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or The Lapel Project or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
The Lapel Project reserves the right to edit or remove any material submitted to this website, or stored on The Lapel Project's servers, or hosted or published upon this website.
Notwithstanding The Lapel Project'a rights under these terms and conditions in relation to user content, The Lapel Project does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied.
The Lapel Project makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, The Lapel Project does not warrant that:
- ◦ This website will be constantly available, or available at all; or
- ◦ The information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
The Lapel Project will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- ◦ for any indirect, special or consequential loss; or
- ◦ for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if The Lapel Project has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit The Lapel Project's liability in respect of any:
- ◦ death or personal injury caused by The Lapel Project's negligence;
- ◦ fraud or fraudulent misrepresentation on the part of The Lapel Project; or
- ◦ matter which it would be illegal or unlawful for The Lapel Project to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, The Lapel Project has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against The Lapel Project officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect The Lapel Project's founders, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as The Lapel Project.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify The Lapel Project and undertake to keep The Lapel Project indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by The Lapel Project to a third party in settlement of a claim or dispute on the advice of The Lapel Project's legal advisers) incurred or suffered by The Lapel Project arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to The Lapel Project's other rights under these terms and conditions, if you breach these terms and conditions in any way, The Lapel Project may take such action as The Lapel Project deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
The Lapel Project may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
The Lapel Project may transfer, sub-contract or otherwise deal with The Lapel Project's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and The Lapel Project in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with NY State Law and/or US Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of New York (or comparable law).
Registrations and authorizations
The Lapel Project holds all registrations and authorizations applicable and can obtain any registrations deemed necessary at any time.