Effective Date: January 1, 2011
1. Who We Are. This Site is operated by Melondipity, LLC., a Nebraska corporation (“we,” “us,” “our”). Our mailing address is P.O. Box 179 Gretna, NE 68028 U.S.A.; our telephone number (customer service) is 402.957.2229.
2. Site Features, Functionality and Availability; Termination. You may use the Site when and as available. Although we generally intend for the Site to be available on an uninterrupted basis, it will not always be available (e.g., during maintenance, changes, outages and for other reasons). We reserve the right to change or eliminate and restrict or block access to all or any part of the Site from time to time without notice.
4. Passwords. Certain Site activities require passwords (e.g., if you establish one to create “Your Account”). You agree that if your password is used on the Site, we may attribute all use to you and you will be legally bound by it even if the person using your password had no actual authority or failed to correct an error. You agree to protect your password as confidential information and to prohibit anyone you share it with from disclosing it to anyone not authorized by you. We recommend that you not share your password, but if you do, you agree to save, defend, indemnify and hold us harmless from and against any use claimed to be unauthorized.
5. Warning about the Accuracy of Our Information. From time to time there might be information on the Site that is outdated or contains errors, inaccuracies, or omissions, including but not limited to descriptions of products and services, pricing, product availability and tracking or other information. Also note that although we have tried accurately to display colors of products, the colors you see may depend on specifications and settings of your computer and its display and might not accurately depict the actual color of the product. We reserve the right to correct any errors, inaccuracies or omissions even after you have placed an order. We apologize for any inconvenience this may cause you.
The product descriptions and all other information are intended only to be indicative, including (without limitation) the sizing guide, questions, responses and charts, and other information. No information is intended to be a guarantee or warranty, including (but not limited to) about what is right for you or your child, and you agree not to rely on any information and to do your own research as well. We assume no liability for the use of or reliance on information found in posts, comments or anywhere else on this site.
6. Content Ownership. All Content on or relating to the Site is the property of Melondipity,LLC. or its affiliates, licensors or suppliers and is protected by U.S. and international copyright, trademark, trade dress and/or other intellectual property or additional laws. No Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express provisions of these Terms, or with our prior written consent. All rights not expressly granted to you are reserved. Modification or use of Content for any other purpose may violate intellectual property rights, and no title to copies or to intellectual property rights are transferred to you – all title and rights remain with us. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purposes of (1) obtaining a copy of these Terms and any other contract or disclosure that we are required to provide to you or that is part of our transaction with you, and (2) using this Site for information input or for ordering goods or services subject to these Terms. As used herein, “Content” means (without limitation) all information, data, text, design, graphics, pictures, images, music, sound files, animation, video, interfaces, icons, software code, and the selection and arrangement of any or all of the foregoing appearing or included from time to time on or in the Site. Some Content may also be subject to further terms and conditions provided in connection with the particular Content.
7. Infringement of Our Rights or the Rights of Others; Copyright Agent. You agree to respect the intellectual property rights of us and others.
8. Product Reviews. As part of our collection of information, we may provide, directly or through a third party, opportunities for you to tell us and other customers what you think about particular products or services. If you take advantage of such a product review opportunity, you agree to state your opinions lawfully and in good faith and reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All comments are the opinions of the person commenting and do not necessarily reflect the views of Melondipity, LLC. If you want to keep a comment that you submit electronically, print it when you see it because we reserve the right to remove or edit comments and to exercise all rights granted to us under the federal Communications Decency Act (without undertaking any duty to monitor or edit).
10. No Commercial Use; No Resale. You may use the Site solely for lawful and, except with our written agreement, personal, non-commercial purposes in compliance with these Terms. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify you and Melondipity, LLC. for violations of these Terms. Items that you purchase, including but not limited to products and gift cards, may not be purchased for resale to others and we may limit quantities.
11. Your Conduct. You agree that you will not violate any law, contract or intellectual property right, or commit any tort, in connection with your use of the Site. You also agree not to: (a) attempt to access any service or area of the Site that you are not authorized to access; (b) alter information on or obtained from the Site; (c) use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or to extract data; (d) reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law); (e) send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware”, “adware” or other code that could adversely impact the Site or any recipient; (f) access or use the Site or any service for any unlawful, unintended (by us) or harmful purpose, or other than in full compliance with applicable law and these Terms; (g) take any action which might impose a significant burden (as determined by us) on Site infrastructure; (h) interfere with the ordinary operation or mission of the Site or services; and (i) “frame” our Site or otherwise make it look like you have a relationship with us or that we have endorsed you for any purpose.
12. Accuracy of Your Information. You agree to supply only accurate, current and complete information when setting up an account on the Site, making a purchase, reviewing a product, or otherwise using the Site or a related service. You also agree to review and correct all information that is supplied about you (such as when our Site “pre-populates” information you would otherwise have to enter) or that the Site draws from (such as the payment card information you keep in Your Account) to ensure that it is always accurate and current. We reserve the right to purge or delete information stored by you in our discretion.
13. Pricing and Availability. All prices are shown in U.S. dollars and are valid and effective only for products and services ordered and shipped within the United States; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens.
14. Out-of-Stock Items; Backorders. If the color or size you want is not listed, it is not then available for ordering. Please check back later. If you have items on backorder that you would like to cancel, please contact us.
15. Agreement to Conduct Transactions Electronically; Recording; Copies. You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by these Terms unless you enter into different terms provided by us. If the law allows you to withdraw this consent or if we are required to deal with you non-electronically, we reserve the right to charge or increase fees for doing so. You are responsible for printing or making an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
16. Shipping & Handling; No Export. When we ship to you or per your instructions, you agree to pay the shipping and any handling charges shown on the Site on the date your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Site are estimates only – actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.
17. Payment. Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any amounts described on the Site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding “Your Account,” you agree to keep all payment card or other payment method information current and that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.
18. Return and Exchanges. General returns information and instructions can be found at http://www.melondipity.com/pages/faqs#q5 Returns may make you ineligible for promotions and we reserve the right to require identification, proof of purchase, or additional verifiable information to help us locate the purchase in our records. If you do not comply with any of the above conditions, we reserve the right to refuse the return or exchange, or to impose different or additional conditions, including (without limitation) basing our response on the current sales price.
19. NO WARRANTIES REGARDING THIS SITE. YOU AGREE THAT OUR SITE AND ALL CONTENT (AS DEFINED IN SECTION 6), SERVICES AND FUNCTIONALITY (COLLECTIVELY, THE “COMPLETE SITE”) ARE PROVIDED BY US OR ANY OF OUR EXISTING OR FUTURE AFFILIATES, SUPPLIERS OR AGENTS “AS IS” AND “WITH ALL FAULTS,” AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. WE DO NOT MAKE ANY REPRESENTATIONS OR EXPRESS WARRANTIES. WE DISCLAIM ALL WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, ACCURACY, COMPLETENESS, PRIVACY OR SECURITY AND ANY IMPLIED WARRANTIES CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE FURTHER DISCLAIM ALL DUTIES TO YOU, IF ANY SUCH DUTIES EXIST, INCLUDING BUT NOT LIMITED TO REASONABLE CARE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. IF A DUTY CANNOT BE DISCLAIMED, YOU AGREE THAT THE STANDARD USED TO MEASURE OUR PERFORMANCE OF THAT DUTY WILL BE INTENTIONAL MISCONDUCT. ALSO, THERE IS NO WARRANTY OF TITLE OR AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY ASPECT OF THE COMPLETE SITE, OR AGAINST INFRINGEMENT. YOU EXPRESSLY WAIVE ALL DUTIES, CONDITIONS AND ALL WARRANTIES THAT MIGHT EXIST BUT FOR THIS PARAGRAPH.
20. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES. TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE NOR ANY OF OUR EXISTING OR FUTURE AFFILIATES, SUPPLIERS OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES THAT ARE SIMILAR TO THOSE, OR FOR DAMAGES FOR LOST PROFITS, FOR LOSS OR IMPAIRMENT OF PRIVACY, SECURITY OR DATA, FOR FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, WORKMANLIKE EFFORT OR OF LACK OF NEGLIGENCE), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY BREACH OR OTHER ASPECT OF THIS AGREEMENT OR THE COMPLETE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.
21. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY. YOU AGREE THAT YOUR SOLE, AGGREGATE REMEDY FOR ANY BREACH OF THIS AGREEMENT AND FOR ANY CAUSE OF ACTION OF ANY NATURE (INCLUDING WITHOUT LIMITATION, TORT) RELATING TO ANY ASPECT OF THIS AGREEMENT OR THE COMPLETE SITE SHALL BE, AT OUR OPTION: (1) REPAIR, SUBSTITUTION, REPLACEMENT OR CORRECTION OF ALL OR PART OF THE CONTENT, ACT OR ITEM GIVING RISE TO DAMAGES INCURRED IN REASONABLE RELIANCE THEREON AND NOT EXCLUDED ABOVE; OR (2) THE AMOUNT OF DAMAGES NOT EXCLUDED ABOVE THAT YOU ACTUALLY INCUR IN REASONABLE RELIANCE THEREON, WHICH AMOUNT SHALL NOT EXCEED THE AMOUNT (IF ANY) YOU ACTUALLY PAID FOR THE CONTENT, ACT OR ITEM CAUSING SAID DAMAGES. THE DAMAGE EXCLUSIONS AND LIMITATION OF LIABILITY IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
22. Termination or Cancellation. Either we or you may terminate this agreement (the Terms) with or without cause or prior notice. You will still be liable for payment of any amounts due or other obligations incurred before this agreement ends, and if you use the Site after it ends, that use will constitute your new agreement to the Terms. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records. Our rights under paragraphs 3, 4, 8-10, 13-21, 23 and 24 will survive termination of these Terms. Without canceling the agreement, we may suspend or block your access to the Site whenever it appears to us that you might be breaching these Terms or otherwise about to cause harm or damage to us or others.
23. Applicable Law and Exclusive Forum. This Site is controlled by us from our offices within the United States of America and is directed to U.S. users. If you choose to access this Site from locations outside the U.S., you do so at your own risk and are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Agreement (as defined below in Section 24 — “Agreement; Miscellaneous”). You agree that the Agreement, all performances and all claims of every nature (including without limitation, contract, tort and strict liability) relating to any aspect of the Complete Site or any product or service obtained in any connection with it, shall be governed by the laws of the State of Nebraska, U.S.A. without regard to its conflict of law provisions and without regard to where performance is made. You agree that any disputes shall be heard exclusively in the appropriate forum in Nebraska. You also consent to jurisdiction in a state or federal court sitting inNebraska and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Nebraska or federal law.
24. Notices, Including Our Address for Legal Notices. We may give you notice by any lawful method, including (without limitation) legal notices and notice of subpoenas. We may provide the notices by posting them on the Site or by giving them by email or postal mail to any address that we have for you. You agree to update your address as appropriate and to check for notices posted on the Site.
25. Amendments. You agree that we may amend these Terms from time to time, including by changing anything in these Terms (“Amendments”). With respect to the text of these Terms, we will post a new version of the Terms on the Site prior to the effective date of the amended version (“Effective Date”) – we will try to do that ten days before a new version becomes effective, but we reserve the right to provide lesser or subsequent notice as we think advisable (such as in an emergency or to prevent harm to us or others). We may also give notice by another method, including by e-mail. You agree periodically to check for notice of an amended version and to review that version. The Effective Date of each version will usually be shown at the beginning of the Terms document: if you see a date that is later than the date you last reviewed the Terms, review the latest version because it will apply as of its Effective Date and until the next version is posted (and the ten-day period referenced above, if applicable, has passed). Until then, all amended versions will apply to all information then or later in our control or possession (except that if we’ve already accepted your order then we’ll fill it at the price in effect on your order date regarding items in stock). No Amendments will be effective unless we post them on our Site. You agree that USING THE SITE OR MAKING A PURCHASE AFTER THE EFFECTIVE DATE OF THE AMENDED VERSION OF THESE TERMS WILL CONSTITUTE YOUR AGREEMENT TO THE AMENDED VERSION. Notwithstanding the foregoing, you agree that without amendment, we may change other Site information (other than the text of these Terms) in our sole discretion, including but not limited to changing pricing, fees (e.g., shipping and handling), carriers, and our refund procedures. You will be able to read the then current fees or other information before you place an order or sign up for a service – if you do not agree, do not proceed with your order.
26. Agreement; Miscellaneous. These Terms, including items incorporated into them and any (a) additional terms on the Site or otherwise provided by us for particular activities, and (b) disclosures provided by us and consents provided by you on the Site (collectively, the “Agreement”), constitute the entire agreement between us and neither party has relied on any representations made by the other that are not expressly set forth in the Agreement. If any part of the Agreement is found by a court of competent jurisdiction to be invalid, then that part will be deemed superseded by an enforceable provision that most closely matches the intent of the original and honors the allocation of risks in these Terms and the remainder of the Terms will continue in effect. Our failure to act with respect to a breach does not waive our right to act as to subsequent or similar breaches, and time is of the essence of the Agreement. There are no third party beneficiaries of any part of the Agreement.
27. Legal Notices. Various laws require or allow us to give users of this Site certain notices and each of them is incorporated into these Terms.
Notice of Copyright Agent
Play Outdoors, Inc. respects the intellectual property rights of others and requests that you do the same. Anyone who believes that their work has been reproduced in the Site in a way constituting copyright infringement may provide a notice to the designated Copyright Agent for the Site containing the following: (a) An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (d) the address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (e) a representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright infringement claims and notices (but not other notices) should be sent to the attention of our Copyright Agent, in the following manner:
by mail: Melondipity, LLC., P.O. Box 179 Gretna, NE 68028, U.S.A., Attn. Copyright Agent
by phone: 402.957.2229
by e-mail: firstname.lastname@example.org
Notice: No Harvesting Allowed
WE WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY US TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED AS APPROPRIATE BY OUR PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY US, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO OUR COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. “CAN-SPAM ACT OF 2003”) THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OF SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
Notice About Trademarks
Melondipity, Melondipity Blog and associated logos are trademarks of Melondipity, LLC. There are many other trademarks, product names and logos on the Site which are owned by third parties. You may not use any of the trademarks displayed on this Site or any Content. All rights are reserved.