Introduction
Welcome to the Afton Street website, mobile application, and related products and services (collectively, the “Service”).
These Terms and Conditions are a legal agreement between you and Afton Street governing your access to and use of the Service. By using our Service you agree to be bound by these Terms, including any amendments made to the Terms from time to time.
Please review the following terms carefully before using the Service. Using the Service indicates you accept these Terms. If you do not accept these Terms, do not access or use the Service.
1. Definitions
“Agreement” refers to these Terms and Conditions that form the entire agreement between you and Afton Street regarding the use of the Service.
“Afton Street”, “we”, “us”, and “our” refer to Afton Street company, employees, directors, officers, agents, partners, contractors, and content providers.
“Content” refers to any images, text, data, graphics, photographs, software, scripts, videos, sounds, music, and any other materials accessible through the Service, whether belonging to Afton Street or a third party.
“Service” means any product, service, content, features, technologies, or functions, and all related websites, applications and services offered to you by Afton Street.
“User”, “you”, and “your” refer to any person or entity accessing the Service.
A “visit” occurs when a user interacts with or views Content on the Service.
2. Access and Use of the Service
2.1 Service Access. The Service is available only to individuals aged 13 years and over. If you are under 13, you may not use the Service. By using the Service, you state you are at least 13 years old.
2.2 Service Rules. You agree not to engage in any prohibited activities listed below or otherwise misuse the Service. We reserve the right to terminate your access for violations of these rules, as allowed under applicable law.
- No Illegal, Harmful, or Offensive Use or Content: Do not post, host, or transmit unlawful, misleading, malicious, infringing, obscene, indecent, objectionable, or offensive material. Do not engage in conduct that would constitute a criminal offense, infringe on others’ rights, or otherwise violate any applicable local, state, national, or international law. Do not post or transmit content that harms or could harm minors.
- No Security Breaches: Do not attempt to circumvent, disable or otherwise interfere with any security features of the Service. Do not disrupt, modify, or damage in any manner the Service or its underlying software or hardware. Do not improperly access or use the Service in any way not specifically permitted by Afton Street.
- No Data Mining: Do not collect, scrape, or harvest any data or Content from the Service. Do not attempt to interfere with any automated bots used by us to monitor activity on the Service.
- No Harm to Others: Do not harass, threaten, embarrass, stalk, or harm any other user. Do not make unsolicited offers, advertisements, proposals, or send junk mail to other users. Do not attempt to learn any user’s private, personal, or proprietary information.
- No Impersonation: Do not misrepresent your affiliation with any entity or organization, or use any trademarks in a misleading or confusing way. Do not illegally impersonate others.
- No Viruses: Do not transmit any software viruses, worms, defects, Trojan horses, malware, or other items that may introduce contaminating or harmful components to the Service or any other technology.
- No Use of Data for Competitive Purposes: Do not access, download, monitor, or copy any Content for the benefit of any third party or for competitive purposes.
2.3 Service Availability. We strive to keep the Service available, properly functioning, and free of harmful components. However, we cannot guarantee continuous availability or access in all cases. The Service may be suspended and accounts deactivated at any time for security reasons, technical difficulties, maintenance, failure to pay fees, breaches of the Agreement, or failure to properly secure accounts from unauthorized use. Access may also be affected by factors outside of our control like your internet connection. We are not responsible for delays or lack of availability of the Service.
2.4 Intellectual Property. The Service contains valuable trademarks, copyrights, patents, trade secrets, and other intellectual property (“IP”) owned by Afton Street and third parties. We license, rather than sell, the right to access the Service. You agree to respect all IP on the Service. You may not duplicate, distribute, modify, or create derivative versions of any IP from the Service without express written permission from the content owner.
2.5 Feedback. We appreciate hearing from our users about the Service. You agree that by providing us any ideas, suggestions, or other feedback relating to Afton Street or the Service, you assign all ownership in that feedback to us. We will be entitled to use your feedback for any purpose without restriction or compensation to you.
2.6 Third Party Content. The Service may expose you to Content, websites, products, or services created or provided by parties other than Afton Street (“Third Party Content”). We do not review or control Third Party Content and are not responsible for your access to or use of Third Party Content on the Service.
3. User Account and Security
3.1 Account Registration. To access certain features, you may be required to register and create an account (“Account”) with Afton Street. You must be an authorized user for the email provided during registration. Accounts are tied to individual, non-transferable email addresses. We do not permit multiple accounts per person or accounts shared by multiple people. You are responsible for account security and all activities under your account, including purchases. You must immediately notify us of any unauthorized account use. Accounts are not transferrable to any third party.
3.2 Passwords. You are responsible for selecting sufficiently robust passwords for your Account and keeping them confidential. Do not reuse your Afton Street account password with other services or share it with others. We advise using a unique, complex password that is changed periodically. Afton Street cannot protect against Account access lost due to a compromised, reused or weak password.
3.3 Account Security. You agree to enable all available, recommended security features for your Account and any devices or networks used to access your Account. You must promptly notify Afton Street Customer Support if you suspect any unauthorized access or misuse related to your Account. We highly recommend enabling multi-factor authentication as an additional preventative measure.
3.4 Account Deactivation. You may request deactivation of your Account at any time by selecting this option from within your Account settings. For security reasons, you will be required to authenticate your account information. At our sole discretion, we may immediately suspend or terminate your access without notice for any actual or suspected violation of these Terms, security reasons, extended periods of inactivity, failure to pay applicable fees, or if we cease providing the Service. You will not be able to use the Service while your account is deactivated.
3.5 Data Retention. We will retain your account information, Content, and related data for as long as your Account is considered reasonably active. If your Account is closed or deactivated, we may take steps to delete your data as permitted by applicable laws. However, portions of your data may remain in our systems in a non-identifiable format for legal compliance, fraud detection, or other permitted business functions.
4. User Content
4.1 Content You Provide. The Service may allow you to upload or transmit Content including messages, posts, photos, videos, images, data, and other information (“User Content”). You retain full ownership of your User Content. When you share User Content, however, you grant us a non-exclusive, worldwide, royalty-free, fully paid, perpetual, irrevocable, transferable and sub-licensable license to access, use, copy, modify, create derivative works, distribute, publish, transmit, remove, retain, add to other works, and otherwise fully exploit that User Content in connection with operating and improving the Service.
4.2 Content Rules. You are solely responsible for any User Content you upload, transmit, or otherwise make available on the Service. Your User Content, and your use of User Content on the Service, must comply with the Agreement. In particular:
- User Content must be yours. Do not post User Content owned or created by others without legal authorization. Do not impersonate any other person or use their trademarks.
- User Content must be lawful. Do not share content that is illegal, vulgar, obscene, defamatory, threatening, invasive of privacy, or infringing in any way. Do not post content containing or promoting illegal activity.
- User Content must be non-confidential. Do not share private, proprietary, or confidential information about yourself or others. All User Content will be treated as non-confidential.
- User Content is subject to monitoring. All User Content and your activities on the Service may be monitored by Afton Street or our agents to protect the Service and its users. We may remove any User Content at our sole discretion without notice to you.
4.3 Content Backups. We do not guarantee we will retain or backup any of your User Content. You are solely responsible for maintaining independent backup copies of any important User Content you provide. User Content may be deleted, modified, or unavailable due to various factors outside of our control.
5. Use Restrictions
5.1 Accounts. Do not use the Service with more than one Account without express permission from Afton Street. Do not buy, sell, share, trade, rent, sub-license, assign, transfer, or redeem any Account, unique IDs, or login credentials. Do not access or attempt to access accounts that do not belong to you.
5.2 Intellectual Property. Do not copy, distribute, republish, transmit, modify, adapt, rent, lease, loan, sell, sublicense, reverse engineer, or create derivative works based on Afton Street IP in any way not expressly permitted by these Terms. Do not use any Afton Street trademarks in connection with any third party product or service in any way that is likely to cause confusion among customers or the public.
5.3 Service Manipulation. Do not improperly manipulate any ratings systems, programs, points accrual, discounts, coupons, vouchers, surveys, contests or other incentives related to the Service. Do not falsely imply any sponsorship or endorsement by Afton Street or its partners. Do not introduce false or misleading User Content into the Service. Do not circumvent any technological measures implemented by Afton Street or gain unauthorized access to the Service, other Accounts, or data systems.
5.4 Data Collection and Use. Do not improperly collect any personal or usage information about other users of the Service. Do not sell, rent, lease, share or otherwise disclose any personal information about other users (including usernames) or their User Content for commercial purposes.
5.5 System Interference. Do not implement any bots, spinners, server stress tools, or any other technology that may damage, interfere with, surreptitiously intercept, or expropriate our system, network, technical environment, or user experience.
5.6 No Competitive Use. Do not access, monitor, or copy any element of the Service through automated means (such as bots, scrapers, spiders, robots, or crawlers) or otherwise use the Service to compete with Afton Street. Do not use any data mining or similar data gathering and extraction methods in connection with the Service.
5.7 Cooperation with Investigations and Legal Proceedings. Afton Street may access, preserve, and disclose any User Content or account information if required to comply with law, regulation, warrant, subpoena, or court order, or if we believe doing so will help to: enforce our agreements and policies; protect the rights, property or safety of Afton Street or third parties; prevent fraud, criminal activity, harassment, intellectual property infringement, or other misconduct; remedy technical issues; or take actions we deem necessary to comply with the law. In the event we are required to respond to a third party subpoena related to your use of the Service, we may require reimbursement from you for reasonable legal fees and staff time spent responding.
6. Sales, Payment and Promotions
6.1 Orders. When you purchase products or services through Afton Street (“Order”), the details of your Order will be confirmed when we send you an initial receipt by email. To complete your transaction, applicable payment must be received in full by the deadline indicated in the Order or your transaction may be cancelled. By placing an Order, you represent you are authorized to use the payment method provided.
6.2 Direct Payment and Recurring Subscriptions. Certain offerings require direct payment by credit card. By providing your payment information and submitting an Order, you authorize Afton Street to immediately charge your card and for any future automatic recurring charges, until you cancel the subscription. Updates or changes to your payment method must be made through your Account before the next payment date to avoid non-payment fees.
6.3 Payment Issues. If we do not receive payment from your selected payment method, you are responsible for paying all overdue amounts due immediately upon notification. Failure to pay overdue amounts will result in Account deactivation.
6.4 Order Cancellation and Refunds. Orders cancelled by the customer after payment has been processed are subject to restocking fees. Approved refunds may be issued to the original payment method used at time of purchase. See our detailed Return Policy for more information.
6.5 Promotions. Afton Street may offer promotional codes, discounts, trials, contests or other incentives. Any offers are limited time only, non-transferable, non-cashable, may expire without notice, and cannot be combined unless stated otherwise. Offers are limited to eligible recipients who comply with applicable terms. We reserve the right to modify or terminate offers in whole or part at any time without notice.
7. Disclaimers and Limitations on Liability
7.1 As Is Service. You understand and agree that the Service is provided “AS IS” and Afton Street assumes no responsibility for the accuracy, deletion, loss of use, errors, or omissions, operation, performance or nonperformance of the Service. Afton Street EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We make no warranties, express or implied, with respect to the Service or any Content contained therein. You acknowledge that the Service, any information sent, received, handled, or stored in connection therewith, may not be free of viruses, malware, worms, Trojan horses, or other harmful components. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers so some or all of these disclaimers may not apply to you.
7.2 Limitations on Liability. IN NO EVENT WILL AFTON STREET, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE RESPONSIBLE OR LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Access to, and use of, the Service is at your own discretion and risk, and you will be solely responsible for any damage to your computer system, mobile device, or loss of data resulting therefrom. In no event will Afton Street be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by you to Afton Street for access to the portion of the Service giving rise to such liability. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, breach of warranties, breach of agreements, statutory liability, or any other basis. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of these limitations and exclusions may not apply to you. The foregoing limitations will apply even if the remedies fail in their essential purpose.
8. Dispute Resolution
8.1 Governing Law. You agree these Terms will be treated as if executed and performed in California, United States and will be governed by and construed in accordance with the laws of the State of California and the United States of America, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
8.2 Mandatory Arbitration and Class Action Waiver. You and Afton Street agree that any dispute regarding these Terms or use of the Service will be resolved by confidential binding arbitration held in San Francisco, California rather than in court. The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement.
You and Afton Street further agree any dispute must be brought in the party’s individual capacity, not as class representative or class member in any purported class, collective, private attorney general, or representative proceeding. You and Afton Street expressly waive any ability to maintain any class action, collective action, private attorney general action, or other representative proceeding subject to arbitration.
You may choose to opt-out of arbitration within 30 days of the first acceptance of these Terms by emailing [email protected]. Otherwise, use of the Service will be considered acceptance of arbitration and the class action waiver provisions. The exclusive venues for any claims will be arbitration proceedings described in this section or small claims court actions commenced in San Francisco, CA.
8.3 Limitation on Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY ACTION, LAWSUIT OR OTHER PROCEEDING RELATED TO THE SERVICE MUST BE COMMENCED NO MORE THAN ONE (1) YEAR AFTER THE DATE ON WHICH THE CAUSE OF ACTION ACCRUED. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
8.4 Notice for California Users. Under California Civil Code Section 1789.3, users located in California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
9. General Provisions
9.1 Modification. We reserve the right to modify these Terms upon notice published on the Service. Your continued use of the Service signifies acceptance of the modified Terms. If you do not wish to agree to any changes, you may deactivate your Account.
9.2 Severability and Non-Waiver. Should any provision of these Terms be invalid or unenforceable, it will be modified to the least extent necessary to make it valid and enforceable. The failure of a party to enforce its rights under these Terms at any time does not waive its right to enforce the same provision later or any other provisions at any time.
9.3 Assignment. You may not assign or sublicense these Terms or your Account without express prior written approval. We reserve the right to assign our rights, licenses, and obligations under these Terms as allowable under applicable law.
9.4 Entire Agreement. These Terms including any applicable policies are the entire agreement between you and Afton Street. These Terms supersede any other prior or concurrent agreement between the parties regarding your access to the Service. Nothing in these Terms, express or implied, is intended to confer upon any party other than you, Afton Street, and our respective successors and assigns, any rights or remedies under or by reason of these Terms
9.5 Contact Information. Please contact us at [email protected] with any questions regarding these Terms.
