Terms of Use

Last Updated: November 9, 2012

Welcome to GetOnDown.com. GetOnDown Services LLC and/or its affiliates ("GetOnDown") provide website features to you subject to the following conditions. If you visit or shop at GetOnDown.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future GetOnDown service or business (e.g., Your Profile, Gift Cards, or Your Downloads) you also will be subject to the guidelines, terms and agreements ("Terms")  applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your visit to GetOnDown.com, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit GetOnDown.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of GetOnDown or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of GetOnDown and protected by U.S. and international copyright laws. All software used on this site is the property of GetOnDown or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

GETONDOWN, GETONDOWN.COM, and other GetOnDown.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of GetOnDown in the U.S. and/or other countries. GetOnDown's trademarks and trade dress may not be used in connection with any product or service that is not GetOnDown's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GetOnDown. All other trademarks not owned by GetOnDown that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GetOnDown.

LICENSE AND SITE ACCESS

GetOnDown grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of GetOnDown. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GetOnDown. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GetOnDown without express written consent. You may not use any meta tags or any other "hidden text" utilizing GetOnDown's name or trademarks without the express written consent of GetOnDown. Any unauthorized use terminates the permission or license granted by GetOnDown. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of GetOnDown.com so long as the link does not portray GetOnDown, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any GetOnDown logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. GetOnDown does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use GetOnDown.com only with involvement of a parent or guardian. GetOnDown reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. GetOnDown reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant GetOnDown a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant GetOnDown and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify GetOnDown for all claims resulting from content you supply. GetOnDown has the right but not the obligation to monitor and edit or remove any activity or content. GetOnDown takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

GetOnDown respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.

RISK OF LOSS

All items purchased from GetOnDown are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

GetOnDown attempts to be as accurate as possible. However, GetOnDown does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by GetOnDown itself is not as described, your sole remedy is to return it in unused condition.

PRICING

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.

With respect to items sold by GetOnDown, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY GETONDOWN ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GETONDOWN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GETONDOWN DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GETONDOWN DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM GETONDOWN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GETONDOWN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting GetOnDown.com, you agree that the laws of the commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and GetOnDown.

DISPUTES

Any dispute relating in any way to your visit to GetOnDown.com or to products or services sold or distributed by GetOnDown or through GetOnDown.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Suffolk County, Massachusetts, and you consent to exclusive jurisdiction and venue in such courts.

 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our privacy policy posted on this site. These policies also govern your visit to GetOnDown.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

GetOnDown.com, Inc. 67 Maplewood St. Malden, MA 02148 | http://www.getondown.com

COPYRIGHT INFORMATION / CLAIMS:

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide GetOnDown.com's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying GetOnDown that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.