This Site (www.FortheFaithful.com) is maintained and operated by For the Faithful, LLC (“For the Faithful” or the “Company”).
BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE. PRICE INFORMATION FOUND ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. FOR THE FAITHFUL RESERVES THE RIGHT TO CHANGE THESE TERMS & CONDITIONS OF USE AT ANY TIME WITHOUT NOTICE.
We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
1. Use of the Site
You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use of the Site requires the prior written consent of For the Faithful. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of For the Faithful. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Site.
We require all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
- Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity
- Posting any information which is untrue, inaccurate or not your own
- Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation
- Attempting to interfere in any way with the Site’s or For the Faithful’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.
2. Registration and Passwords
4. The Monthly Subscription Contract Between You And Us
By purchasing a subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Unless cancelled, your subscription will be automatically renewed on a recurring basis at the end of your subscription term for the same subscription term, at the then-current subscription rate. To cancel your subscription at any time, you must logon to your account or email us and we will do it for you. If you cancel, you may use your subscription until the end of your then-current subscription term. For the Faithful may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before For the Faithful reasonably could act.
5. Billing and Payments
We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant For the Faithful the right to store and process your information with the third party payment service, which it may change from time to time; you agree that For the Faithful will not be responsible for any failures of the third party to adequately protect such information. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
6. Product Information; Limitation on Quantities
Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies that we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
7. Proprietary Rights
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of For the Faithful or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. For the Faithful and the For the Faithful logo are registered trademarks of For the Faithful. All other trademarks are the property of their respective owners. All of our Site’s content is Copyright 2014 For the Faithful. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by For the Faithful.
8. Submitted Content
By submitting or posting any materials or content on the Site, you grant For the Faithful a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant For the Faithful the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. For the Faithful will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
You assume all responsibility and risk with respect to your use of the Site. THE SITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, FOR THE FAITHFUL DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. For the Faithful makes no warranties of any kind regarding any non-For the Faithful sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and For the Faithful makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-For the Faithful sites. For the Faithful does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
State and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax in states where the goods sold over the internet is taxable.
12. Limitation of Liability
IN NO EVENT SHALL FOR THE FAITHFUL, ITS PARENT COMPANY, SUBSIDIARIES, AFFLIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF FOR THE FAITHFUL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF FOR THE FAITHFUL, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO FOR THE FAITHFUL IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.
13. International Use
We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
14. Risk of Loss
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier. Shipping dates and/or arrival times are only estimates. For the Faithful is not liable for products that are lost or damaged in transit to For the Faithful.
15. Copyright Infringement; Notice and Take Down Procedures
For the Faithful specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. For the Faithful will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:
For the Faithful, LLC
8163 Melrose Avenue
Los Angeles, CA 90046
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement 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
- A statement that the information in the notification 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.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms, please contact us.
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
17. Waiver; Remedies
The failure of For the Faithful to partially or fully exercise any rights or the waiver of For the Faithful of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by For the Faithful or be deemed a waiver by For the Faithful of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of For the Faithful under these Terms and any other applicable agreement between you and For the Faithful shall be cumulative, and the exercise of any such right or remedy shall not limit For the Faithful’s right to exercise any other right or remedy.
18. Governing Law
The laws of the State of California shall govern these Terms. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE SITE.
Questions: Should you have any questions regarding these Terms you may contact us at info@FortheFaithful.com.
For the Faithful Supersized Box (the “Sweepstakes”) is sponsored by For the Faithful, LLC (“For the Faithful”), 8163 Melrose Avenue, Los Angeles, CA 90046.
2. ELIGIBILITY. NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING.
Sweepstakes open to permanent, legal residents of the United States, Australia, United Kingdom and Canada who are eighteen (18) years of age or older at the time of entry. Officers, directors, agents, members and employees of Sponsor, subsidiaries, affiliates and advertising and promotion agencies, and any other entity involved in the development or administration of this Sweepstakes, and members of their immediate families (spouses, parents, children, and siblings and their respective spouses, regardless of where they reside) and/or those living in the same household of each, whether or not related, are not eligible to enter or win the Sweepstakes. All applicable federal, state, and local laws and regulations apply. Void where prohibited. Sweepstakes begin on the 1st of each of the following calendar months (February 1, May 1, August 1 & November 1) at 12:01 a.m. PST, and each sweepstakes will run for period three (3) calendar months, ending at 11:59 p.m. EST on the last day of the applicable three (3) month period (i.e., April 30, July 31, October 31 & January 31). The contest continues every three (3) months (the “Sweepstakes Period”).
3. HOW TO ENTER. Entry as a For the Faithful Subscriber:
To enter the Sweepstakes as a For the Faithful Subscriber, no action is necessary as long as the account is currently paid and active. If there is a dispute as to the identity of an entrant who made a potentially winning entry, Sponsor will deem that the entry was made by the authorized account holder of the email address. For gift subscriptions, the authorized account holder of the email address associated with the For the Faithful account will be deemed the entrant to the Sweepstakes. The “authorized account holder” is defined as the natural person to whom the email address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
To Enter by Mail:
To enter the Sweepstakes by mail, hand print your first and last name, street address, city, state/province, zip/postal code, country, daytime telephone number, e-mail address, and verify age eligibility on a 3″x5″ card or postcard, and mail your completed card with the above stated required information to: “FOR THE FAITHFUL SUPERSIZED BOX,” For the Faithful, LLC, 8163 Melrose Avenue, Los Angeles, CA 90046.
By correctly completing any of the foregoing, you will receive one (1) entry into the Sweepstakes subject to the terms of these Official Rules. Limit one (1) entry per person, household address and/or unique email address during the Sweepstakes Period, regardless of the method(s) of entry. Any entries received in excess of this maximum will be disqualified. ALL MAIL-IN ENTRIES MUST BE POSTMARKED BY THE 15th of the first month of the Sweepstakes Period TO BE ELIGIBLE FOR THE SWEEPSTAKES.
4. WINNER SELECTION AND NOTIFICATION.
At the end of each Sweepstakes Period one (1) winner will be randomly generated and chosen by Sponsor from among all eligible entries. Sponsor will make at least two (2) attempts to notify each potential winner via email address submitted at the time of entry. Each potential winner may be required to execute and return an affidavit of eligibility, release of liability, an IRS W-9 form, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within thirty (30) days of accepting the prize. Noncompliance within this time period will result in disqualification, and, time permitting, an alternate potential winner(s) may be selected from the remaining eligible entries. If a potential winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, potential winner will be disqualified and, time permitting, an alternate potential winner may be selected from the remaining eligible entries received. Odds of winning depend upon the total number of eligible entries received. Once all required Sweepstakes Documents have been correctly completed and received from a potential winner, per these Official Rules, the potential winner shall be an official “Prize Winner” of the Contest. Prizes are not transferable, assignable, or redeemable for cash. No substitution for a prize (or parts thereof) by a Prize Winner will be allowed. If necessary, due to unavailability for any reason, a comparable prize will be awarded at the sole discretion of the Sponsor. All Federal, state and local tax liabilities related to the value of the prize awarded are the responsibility of the Prize Winners.
One (1) Grand Prize will be awarded. Grand Prize winner will receive one (1) For the Faithful Supersized Box comprised of products, collectibles, apparel, limited edition items and other gear as selected by the Sponsor.
All entries become the property of Sponsor and will not be acknowledged or returned. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, photograph, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval. By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators: (a) to release and hold harmless Sponsor, all prize providers, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, and any other person or entity involved in the development or administration of the Sweepstakes, and each of their respective directors, officers, members, employees and assigns (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by prize suppliers that are sent along with any prize; (c) if selected as a winner, to the posting of such entrant’s name on Facebook , Twitter and/or www.FortheFaithful.com, and the use by Released Parties of such name, and entrant’s voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error herein or in the Sweepstakes itself, and to be bound by all decisions of Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes.
7. ADDITIONAL TERMS.
Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsor reserves the right to select a winner or winners, in its sole discretion, in a random drawing(s) from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at www.FortheFaithful.com . Sponsor may prohibit any entrant or potential entrant from participating in the Sweepstakes, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or Sponsor’s agents or representatives; or behaves in any other disruptive manner (as determined by Sponsor in its sole discretion).
DISPUTES: THE SWEEPSTAKE IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN LOS ANGELES, CA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY A SINGLE ARBITRATOR OF SPONSOR’S SOLE CHOICE. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
8. WINNERS LIST/OFFICIAL RULES:
After confirmations of winners and prizes have been claimed, winners will be announced on For the Faithful’s social media channels and/or online at www.FortheFaithful.com.