Terms and Conditions
Welcome to SICKYSWORLD.com (the “Site”). SICKY provides this Site as a service to our customers. Please read carefully the following terms and conditions that govern your use of our Site (the “Agreement”).
Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, you should not use this Site. Since SICKY may revise this Agreement at any time, you should visit this page periodically to review the terms of your use. Throughout the Site, the terms “we’, “us”, and “our” refer to SICKY.
When you visit this Site, or send us emails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email 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 communication be in writing.
LICENSE AND RESTRICTION ON USE
We grant you a non-exclusive, limited license to use the Site and to view all its Content (as defined below) solely for personal, non-commercial use. You may download or print the content displayed on the Site for your personal use only, provided that you do not delete or change any copyright, trademark, or other proprietary notices. No right, title, or interest in any downloaded or printed materials is transferred to you as a result of any such downloading or printing. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole, or in part any of the Contents, the Site, or related software.
If you download software from our site, the software, including all files, images contained in or generated by the software, and accompanying data (together the “Software”) are deemed to be licensed to you by SICKY. Neither title nor intellectual property rights are transferred to you, but remain with SICKY, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form. To the extent applicable, the Software is subject to United States Export Controls. No Software may be downloaded or exported (i) into (or to a national or resident of) any other country to which the United States has embargoed goods; or (ii) anyone to the United States Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Deny Orders. If applicable, by downloading or using Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.
Unless otherwise noted, all materials, including all text images, illustrations, designs, icons, photographs, audio clips, video clips, and written and other materials that are featured on, or form a part of this Site (collectively, the “Content”), whether protected by copyright, trademark, privacy and publicity and/or other intellectual property or other laws and regulations, are owned, controlled, or licensed by SICKY, and may not be used except as permitted by these terms, or (with respect to specific materials featured on, or forming a part of this Site) as otherwise permitted with the prior written permission of SICKY. The Site as a whole is protected by copyright, trademark and other laws, and may not be used except as permitted in these terms. You may not modify the materials located on this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such materials may violate copyright laws, trademark laws, laws of privacy and publicity, and/or other intellectual property or other laws and regulations.
USER COMMENTS, MATERIALS, FEEDBACK, AND POSTCARDS
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Site of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
It is SICKY’ company policy not to accept or consider unsolicited creative ideas, suggestions, materials, or business proposals from persons or entities outside our company. If at our request you send certain specific submissions (for example, a photograph, or story), or if despite our request that you not send us unsolicited creative materials, you send us other suggestions, comments, feedback, ideas, postcards, opinions, concepts, graphics, text, drawings, or other materials (all of the foregoing, collectively, the “Materials”), all such Materials, submitted or offered to SICKY on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site shall be deemed licensed to SICKY, and SICKY shall have a royalty-free, worldwide, unrestricted, perpetual license in, to and under all rights, titles, and interests, including without limitation under all copyrights, trademarks, rights of publicity and privacy, and other applicable intellectual property and other rights, in the Materials. Thus, SICKY shall not be limited in any way in its use, commercial or otherwise, of any Materials. SICKY is and shall be under no obligation (1) to maintain any Materials in confidence; (2) to pay you or any other person any compensation for any Materials; (3) to retain, use, return, review, or respond to any Materials; or (4) to acknowledge the source of the Materials. We will have no liability related to the content of any such Materials, whether or not arising under the laws of copyright, trademark, libel, publicity or privacy, obscenity, or otherwise. We retain the right to remove any or all Materials that includes any material we deem inappropriate or unacceptable.
You agree that no Materials submitted by you to the Site will violate any right of any third party, including copyright, trademark, publicity or privacy or other personal or proprietary right(s). You further agree that no Materials submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Materials you submit.
LINKS TO AND FROM OTHER WEB SITES AND SERVICES
This Site may contain links to other websites that are not under the control of SICKY. SICKY has no responsibility for the linked websites, nor does it necessarily endorse the linked websites. SICKY provides the links solely for the convenience and information of our Site users. Creating or maintaining any link from another web site to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any material displayed on this Site in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rule and regulations.
In addition to appearing on this Site, certain products displayed on this Site are available in select SICKYs stores in the United States. The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only in the U.S., are subject to change at any time, and may be different in retail locations.
We have made every effort to display as accurately as possible the colors of our products that appear on our Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Some features that may be available on this Site require registration. By registering at and in consideration of your use of the Site you agree to provide true, accurate, current and complete information about yourself. If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to terminate accounts or cancel orders placed through your account in our sole discretion. If you register on the Site, you agree that any information you provide to us will be current, accurate and complete. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account and/or password either with or without your knowledge. You agree to notify SICKY immediately of any unauthorized use of your account and/or password(s), or other breach of security.
The information on the Site does not constitute binding offer to sell products described on the Site or to make such products available in your area.
When an order is placed, it will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. The risk of loss and title for all items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer in our sole discretion. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site. We also may require verification of information prior to the acceptance and/or shipment of any order. We further reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
When purchasing online at SICKYSWORLD.com, your packing slip, sent with your shipment, serves as a receipt. SICKY is not required to, and therefore does not, collect sales tax or use tax outside such states. The majority of the products sold by SICKY is subject to your state use tax unless it is specifically exempt from tax. Your purchase is not exempt from taxes merely because it is made over the Internet or by other remote means. Your state may require purchasers to report all purchases that were not taxed and pay tax on those purchases, and that the tax be reported and paid on your state individual income tax return or by filing a consumer use tax return, dependent on if your state imposes a use tax and a return for remittance of payment. Your referenced forms and corresponding instructions may be available on your home state website. SICKY may be required to inform your state of the total amount of all of a purchaser’s purchases. When you place your order online, we provide an estimated sales tax. Actual sales tax will be calculated and charged at the time your order is shipped.
SICKY PROVIDES THE MATERIALS AND SERVICES ON THIS SITE “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. SICKY EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THIS SITE, ALTHOUGH SICKY MAY MODIFY THE MATERIALS AT ANY TIME WITHOUT NOTICE. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS SITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may remove or edit content, or make other changes in information about price and availability, without notice. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
Certain trademarks, trade names, service marks and logos used or displayed on this Site are registered and unregistered trademarks, trade names and service marks of ours and our affiliates. Other trademarks, trade names and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Except as otherwise stated in these terms, nothing contained on this Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Site without our written permission or the written permission of the owner thereof.
This Site is designed and intended for use by adults only. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care. You agree to be responsible for their use of this Site.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, FROM THIS SITE. IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, THE CONTENT OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS SITE.
You agree to defend, indemnify, and hold SICKY, its shareholders, officers, directors, employees, agents, distributors, vendors, and affiliates harmless from and against any and all claims, demands, liabilities, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site, your breach of these terms, including, but not limited to, any allegations, damages or claims relating to any of your postings of Materials, or communications in any forums or facilities on the Site, or for infringement or violation of any third-party rights, and/or any of the foregoing agreements, representations, and warranties.
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting products and services provided by SICKY available in the United States.
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts sitting in California. The waiver of any provision of these terms shall not be considered a waiver of any other provision or of SICKY’ right to later require strict observance of each of the terms herein. If any provision of these terms is found to be unenforceable or invalid for any reason, that provision shall be severable and all other provisions shall remain in full force and effect. This constitutes the entire agreement between us relating to your use of the Site and supersedes any previous agreements between us relating to your use of this Site. A printed version of these terms shall be admissible in judicial and administrative proceedings based upon or relating to these terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice. Note that those provisions of this Agreement which by their nature shall survive, e.g. Electronic Communications; License and Restriction on Use; Disclaimer; User Comments, Materials, Feedback, and Postcards; Limitation on Liability; and Indemnification will survive termination.