Terms of service

OVERVIEW & BINDING AGREEMENT OF TERMS OF SERVICE

This website is operated by COMUNE, a division of dHouse Brands, Inc., a California Corporation.  Throughout the site, the terms “we”, “us” and “our” refer to COMUNE.  COMUNE offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

The content, services, and other items and materials available on the www.theComune.com website as well as the mobile applications and/or services facilitating connection to mobile-enhanced versions or portions of the www.theComune.com website (collectively, the “Site”) are provided by or for COMUNE, its parent company dHouse Brands, Inc., and/or affiliates (collectively, “COMUNE”) and are subject to the following terms and conditions, COMUNE's Privacy Policy and any other terms and conditions issued or published by COMUNE that may be contained in or accessed via the Site, all of which are included within these terms and conditions and collectively referred to herein as the “Terms”.

Certain areas of the Site, including but not limited to the areas of the Site via which you may purchase COMUNE’s product, may require you to accept additional terms and conditions (collectively, the “Additional Terms”). If there is a conflict between these Terms and any such Additional Terms, the Additional Terms will govern with respect to your use of or access to that area or function of the Site. If there are no Additional Terms, your use of or access to that area or function of the Site will be governed by these Terms.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

By using the site, you agree to be bound by, and comply with, these terms of use. If you do not agree, you should not use our site. 

ELIGIBILITY AND LIMITATIONS OF LIABILITY

The Site is neither intended nor designed for individual under the age of 16. By accessing or using the Site you represent and warrant that you are at least age 16 or the minimum legal age to enter into an enforceable contract in your resident jurisdiction. If you are under the age of 16, but at least the age of 13, then you represent, warrant and confirm that you possess the legal consent of your parent or legal guardian to access and use the Site.  

By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and any revisions thereto. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child the age of 13 or older, then you represent, warrant and confirm that you have reviewed and consent to these Terms and accept full responsibility for your child’s use of the Site, including but not limited to all financial obligations, charges and other liabilities that your child may incur in connection with the use of the Site.

CHANGES TO THE TERMS OF USE

COMUNE may, in its sole discretion, modify or change these Terms at any time by posting the changed or modified Terms or any Additional Terms on the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms or any Additional Terms.  COMUNE may, in its sole discretion and with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

OUR ONLINE IS HOSTED BY SHOPIFY

COMUNE uses Shopify, Inc to host its online store, and any new tools or features added through Shopify are subject to Shopify’s Terms of Use. Learn more about Shopify’s Terms of Use at https://www.shopify.com/legal/terms. 

ACCESS AND USE OF SITE

Subject to your full and continuing compliance with these Terms and any Additional Terms, COMUNE grants you a limited, non-exclusive, non-transferable license (with no right to sublicense) to access and use the Site. You agree not to use, copy, adapt, modify, reproduce, republish, disseminate, prepare derivative works based upon, distribute, license, sell, transfer, publicly display or perform, transmit, stream, broadcast or otherwise exploit the Site or the content on or within the Site, except for informational or personal, non-commercial uses or as expressly authorized by COMUNE herein. 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).  You must not transmit any worms or viruses or any code of a destructive nature.  A breach or violation of any of the Terms will result in an immediate termination of your Services.

COMUNE has no obligation to continue to maintain or support the Site in any way, or to provide updates or error corrections to the Site. Your rights under these Terms will terminate immediately and automatically, with or without notice and in COMUNE’s sole discretion, if COMUNE ceases to maintain or support the Site.  

COMUNE reserves the right to suspend, restrict and/or revoke your access to and use of the Site at any time, with or without cause. You acknowledge that COMUNE has no obligation to monitor your access to or use of the Site or to review or modify any Content (as defined below), but may do so in its sole discretion for the purpose of operating the Site, to ensure compliance with these Terms, or to comply with any applicable law, regulation, requirement or standard.

GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES (if applicable)

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy.

THIRD-PARTY AND SOCIAL MEDIA SITES

The Site may contain hyperlinks (“links”) to Third-Party websites and online resources. These links are provided for your convenience and for informational purposes only and do not imply COMUNE’s endorsement of such websites or resources or the content, products, or services available from such websites or resources. These Third-Party websites and resources are neither controlled by nor monitored by us, and COMUNE is not responsible or liable for either the availability or accuracy of such websites or resources or the content, products, or services on or available from such websites or resources.  Any use or connection to these websites or resources is made at your own risk. You acknowledge that by accessing such Third-Party links you may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate. All links to the Site not provided by us must be approved in advance and in writing by COMUNE. 

You may be able to access the Site via Third-Party social media platforms such as Facebook or Instagram (collectively, “COMUNE Social Media”). By accessing COMUNE Social Media or the Site through COMUNE Social Media, us or the third-party(ies) operating the COMUNE Social Media may ask you to authenticate or register with such Third-Party Sites. During that process, COMUNE Social Media operators may provide us with access to certain information you have provided to them, and we will use, store, process and disclose such information in accordance with its Privacy Policy. 

The practices, methods and manners via which COMUNE Social Media uses, stores, processes and/or discloses your information is governed exclusively by the operators of such sites, and COMUNE has no liability or responsibility for the data security or privacy practices or other actions of any operators of COMUNE Social Media. Further, COMUNE has no liability or responsibility for the completeness, accuracy or availability of any information, data, content, products, services, statements or comments made available via COMUNE Social Media, and we will not be liable for any claims, damages or losses resulting, directly or indirectly, from your use of COMUNE Social Media. You are solely responsible for all of your communications and interactions with other users of the Site or COMUNE Social Media and other individuals or entities with whom you communicate or interact as a result of your use of the Site or COMUNE Social Media.

By uploading a photographic image (the “photograph”) to Instagram or our site, and with the hashtag #COMUNE, #COMUNE ESSENTIALS, #COMUNEMARKET, #THECOMUNE, and #COMUNE_TY, you grant us, its agents and licensees, the irrevocable, sublicensable, royalty-free right and license to reproduce, publish, transmit, distribute, create derivative works from and otherwise use the photograph, as well as your image or likeness as reflected therein and your name and/or biographical information in association with the photograph, for marketing or other promotional purposes, in perpetuity, throughout the world, in all media and formats now or later known or developed, without further notice or compensation therefor.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed at our Privacy Policy section.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

COMUNE INTELLECTUAL PROPERTY

The Site, its look and feel, and the logos, icons, graphics, insignia, names, marks, features, functions, text, graphics, button icons, phrases, images, audio or video clips or content, data compilations, software, designs or similar items contained on or within the Site and/or the compilation or organization thereof constitute the trade names, trademarks or service marks (registered or unregistered), copyrights, or other intellectual property, proprietary or publicity rights of COMUNE and/or its subsidiaries or affiliates (collectively, the “COMUNE”). 

The Site and the COMUNE’s IP are protected by trademark, copyright and/or other laws of the United States and foreign countries. Except as expressly provided in these Terms, COMUNE own all right, title and interest in and to the Site and the content therein, including all associated intellectual property and proprietary rights, and to all COMUNE’s IP. 

You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices on, within or about the Site or COMUNE Social Media. In addition, you agree not to: 

(a) use, display, mirror or frame the Site or any of the pages or elements on or within the Site, COMUNE’s name, any COMUNE’s IP, or the layout and design of any page on the Site or portion thereof, without COMUNE’s express written consent; 

(b) use any metadata utilizing any COMUNE or other COMUNE’s branding, or product names without COMUNE’s express written consent. 

You acknowledge that the use of COMUNE’s IP on the Site or COMUNE Social Media is not a license, express or implied, for you or any third party to in any way use COMUNE’s IP. The use of COMUNE’s IP, except as provided in these Terms, is prohibited, and you are not permitted to copy, reproduce, republish or disseminate any COMUNE’s IP without COMUNE’s prior written approval.  COMUNE reserves all rights in and to the COMUNE’s IP, the Site and the Site’s content, functionality and services not expressly granted in these Terms.

PRODUCT LISTINGS AND PURCHASES

The inclusion, listing, display and/or advertisement of any products or services on the Site do not warrant that these products or services will be available at any particular time. Such products or services may be unavailable, may have different characteristics or attributes than those set forth on the Site, or may have a different selling price than that listed on the Site. The color of products shown on the Site is dependent in part on your computer system, and we do not guarantee the accurate display of product colors. We endeavor to describe its products and services on the Site as accurately as possible. However, nothing contained in these Terms constitutes a representation or warranty with respect to any content, services or products and COMUNE does not guarantee the accuracy, completeness or utility of any content or product or services descriptions. 

We may make changes to product pricing, product availability or other product or service information without notice and in its sole discretion, and COMUNE reserves the right, in its sole discretion and without notice, to limit the quantity of a particular product or service that may be ordered, to reject any order, to cancel any order even if already submitted, and/or to require additional information or verifications prior to acceptance or shipment. 

Regarding the shipment of products, title and risk of loss for the products you purchase via the Site transfers to you upon COMUNE’s tender of the products to the applicable carrier and you are responsible for filing any claims related to lost or damaged products with such carrier. It is your responsibility to comply with all applicable laws and regulations regarding the receipt, possession, use and sale of products or services purchased via the Site and by placing an order for products or services via the Site you represent that the products or services you purchase will only be used lawfully. 

The products and services available on the Site are for personal use only and you are not permitted to sell or resell the products or services you purchase or otherwise receive from us.

USER-SUBMITTED CONTENT AND FEEDBACK

By submitting, posting, uploading or otherwise transmitting or making available on or to the Site or COMUNE Social Media: (i) any photograph, image, graphic, visual material, link, text, music, audio, video, information, code, comment or other content or material (collectively, “Content”); or (ii) any feedback, ideas, reviews or suggestions for improvement regarding the Site or COMUNE’s products or services (collectively, “Feedback”), you hereby agree to, acknowledge and understand as follows and hereby grant the following rights and permissions to COMUNE and COMUNE’s parent company, affiliates, subsidiaries, licensees, successors and/or assigns, and to each of COMUNE’s and such entities’ managers, officers, employees, agents and representatives, and those acting with their authority and permission (collectively, “Affiliates”) with respect to any of your Content or Feedback, regardless of the form or method you choose to submit any such Content or Feedback:

A. Submission of Content and Feedback is Voluntary

Your submission, posting, uploading and/or other transmittal of Content or Feedback to the Site or any “COMUNE Social Media” is entirely voluntary;

B. Use of Content 

Unless otherwise agreed separately in writing, COMUNE does not claim any ownership rights in your Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your Content; provided, however, that by submitting, posting, uploading or making available any Content through the Site or COMUNE Social Media, you hereby grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense) to use, copy, modify, adapt, distribute, reference, store, reproduce, cache, license, sell, transfer, publicly display or perform, prepare derivative works based upon, transmit, stream, broadcast, combine with other materials and/or otherwise exploit such Content on and through the Site, COMUNE Social Media or any other distribution channels, including but not limited to any third-party distribution channels selected by, but not affiliated with, COMUNE, which may include viral distribution of your Content, in any form, medium or technology now known or later invented or developed, in whole or in part, for any purposes, including for both commercial and non-commercial purposes. You also hereby grant each user of the Site and/or COMUNE Social Media a non-exclusive license to access your Content through the Site and/or COMUNE Social Media, and to use, reproduce, distribute and display such Content as permitted through the functionality of the Site and/or COMUNE Social Media. You hereby waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called “moral rights” or “droit moral” with respect to your Content, and to the results and proceeds thereof as well as any requirement that your name be used in connection with your Content.

C. No Compensation for Content or Feedback

You agree that neither COMUNE nor any COMUNE Social Media nor any third party distribution channels have any obligation to provide any compensation to you for your Content, your Feedback or the licenses granted herein.  Further, you agree to pay all royalties, fees and other funds owing to any person by reason of any use of your Content;

D. Representations & Warranties 

You acknowledge and agree that you are solely responsible for all of your Content and Feedback and you warrant and represent that (i) you are the sole owner and/or author of your Content and Feedback and have the right to disclose the Content and Feedback and grant to COMUNE and its Affiliates the rights to your Content and Feedback granted hereunder; (ii) your Content and Feedback are original and does not violates any applicable law or regulation; (iii) neither your Content nor Feedback encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability, and the posting or publishing of such Content or Feedback will not result in a breach of any contract between you and a third party; (iv) neither your Content nor Feedback is fraudulent, false, misleading or deceptive, nor is it defamatory, vulgar or offensive; (v) neither your Content nor Feedback promotes racism or unlawful discrimination or harassment, is violent or threatening, or promotes unlawful or harmful activities or substances. With respect to any Content or Feedback containing the intellectual property, image, name, likeness, appearance, or other identifying characteristics of any entities or individuals other than you, you have obtained any and all permissions, consents and approvals from such entities or individuals necessary to grant the rights granted to COMUNE & Affiliates hereunder;

E. Release of COMUNE and Affiliates 

You hereby release, discharge, and agree to hold harmless COMUNE and its Affiliates from: (i) any liability by virtue of any modification, blurring, distortion, alteration, or use in composite form, whether intentional or otherwise, that may occur or be produced in the receipt or transfer of any of your Content or Feedback or in any subsequent processing of it, as well as any use or publication of it, including without limitation any claims for libel or violation of any right of publicity or privacy; and (ii) any claim or liability for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, or rights of attribution in connection with any of your Content or Feedback. You understand that your release extends to claims that you do not know or do not expect to exist at the time of agreeing to this release, and you hereby waive the protections of California Civil Code Section 1542, which states as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

F. No Obligation to Evaluate or Use Content or Feedback 

You acknowledge and agree that COMUNE has no obligation to use any Content or Feedback. Moreover, COMUNE is not responsible for examining or evaluating Content or Feedback, nor does COMUNE assume any responsibility or liability for any Content or Feedback, including without limitation, for any errors or omissions in any Content or Feedback or for any loss or damage of any kind incurred by you as a result of the use of any Content or Feedback submitted, posted, uploaded or otherwise transmitted or made available via the Site and/or COMUNE Social Media.  COMUNE does not guarantee the accuracy, integrity or quality of any Content. By using the Site, you may be exposed to Content or Feedback that is offensive, indecent or objectionable to you. In addition, you acknowledge that COMUNE neither endorses nor is responsible for the accuracy or reliability of any third-party comment, opinion or statement on the Site or COMUNE Social Media and we have no obligation to modify or remove any such comments, opinions or statements.

G. No Confidentiality  

You acknowledge that COMUNE does not agree to maintain the confidentiality of any Content or Feedback, even if the documents or information comprising the Content or Feedback is marked as confidential or you otherwise indicate the confidential nature of the Content or Feedback, except to the extent there is a separate, written confidentiality agreement executed by COMUNE encompassing the Content or Feedback.

H. Removal of Content

You acknowledge that COMUNE may, at any time and without prior notice, remove or restrict access to any Content, including but not limited to any Content that COMUNE considers, in its sole discretion, to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site, COMUNE Social Media or the COMUNE brand. 

If you wish to remove or delete your Content on the Site, please contact us by email at info@theComune.com and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with the Site, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it).  COMUNE may not be able to process your deletion request if you are unable to provide such information. You should allow up to at least 10 business days to process your removal request.

I. Feedback

You acknowledge and recognize that COMUNE has a variety of established product lines, is continually developing new products and/or services, and may currently or in the future be internally developing ideas or information or receiving ideas or information from others that are likely to be similar to your Feedback. Nothing in these Terms will be construed as a representation or inference that we will not independently develop or authorize the development of products, services, ideas or concepts that may compete with or be similar to your Feedback.  COMUNE assumes no fiduciary obligation of any kind with respect to any Feedback that relates to the Site, COMUNE Social Media or COMUNE’s products or services. 

You agree that COMUNE assumes no liability in or for your Feedback. You acknowledge and agree that all Feedback will be the sole and exclusive property of COMUNE and you hereby irrevocably assign to COMUNE all of your right, title, and interest in and to all Feedback, including any intellectual property, proprietary or other rights therein.

USER ACCOUNTS

To access or use certain areas or functions of the Site you may be required to register and create an account (“Account”). During this process you will be required to provide certain information and establish log-in credentials. You agree to provide accurate and complete information during this process and at all other times when you use the Site, and you also agree to update such information. 

COMUNE reserves the right, in its sole discretion, to refuse to establish or maintain Accounts for, or provide products or services to, any individual or entity.  COMUNE also reserves the right to suspend or terminate your Account, in its sole discretion and without prior notice to you, if any information you provide is inaccurate or incomplete, if you otherwise breach any of these Terms or any Additional Terms. 

We may also refer any information on illegal activities, including your identity, to law enforcement authorities.  We cannot guarantee the security of your Account or the personal or other information you provide in connection therewith or otherwise, nor can we guarantee that its security measures will prevent third party intrusions or “hackers” from accessing your personal or other information. 

You are responsible for safeguarding your Account password, you agree not to disclose your password or other credentials to any third party, and you agree to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions, and to accept any and all risks of unauthorized access to your Account or your personal or other information. You will immediately notify COMUNE of any unauthorized use of your Account. You may cancel your Account at any time by contacting COMUNE at info@theComune.com.

NO LIABILITY FOR COMUNE

By accessing and/or using the site, you acknowledge and agree that you are using the site solely at your own risk and that in no circumstances will COMUNE or its affiliates be liable for any losses or damages whatsoever, including, without limiting the generality foregoing, any direct, indirect, consequential, incidental, punitive, reliance, special, exemplary or other damages (including but not limited to lost profits, loss of data, loss of goodwill, loss of reputation, cost of cover damages, service interruption, computer damage or system failure, or intangible losses of any kind, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not COMUNE or its affiliates have been informed of the possibility of such damage and even if a limited remedy set forth herein is found to have failed of its essential purpose), costs or expenses of any kind (including attorneys’ fees), that may arise directly or indirectly in connection with your access or use of the site, COMUNE Social Media or COMUNE’s products or services, regardless of whether any such losses or damages stem from contract, tort and/or equitable claims and regardless of whether any such losses or damages are caused or contributed to by the actions (negligent or otherwise) of COMUNE or its affiliates. 

Without limiting the generality of the foregoing, neither us nor its affiliates will under any circumstances be liable for any claims, losses or damages resulting from or relating to: (1) any loss or damage to data, software or hardware associated with your use of the site; (2) any delay or inability to access or use the site or any links or connections thereto; (3) any transmission defects, viruses or similar connections thereto; (3) any transmission defects, viruses or similar events; or (4) the uploading or downloading of any material or information to or from the site.   

If you have a dispute with COMUNE or are dissatisfied with the site, termination of your use of the site is your sole remedy and, in such instance, neither us nor its affiliates will have any other liability or responsibility to you.

Notwithstanding anything to the contrary contained in these terms or elsewhere, in no event will COMUNE and/or its Affiliates’ aggregate liability arising out of or in connection with these terms or from the use of or inability to use the site exceed the greater of: (1) the purchase price for the product at issue, if applicable; or (2) fifty dollars ($50). Moreover, under no circumstances will COMUNE & affiliates be liable for any delay or performance failure resulting directly or indirectly from acts or forces of nature or other causes beyond their reasonable control.

The foregoing limitations of liability will survive any termination or expiration of these terms and will apply even if any limited remedy set forth herein is found to have failed of its essential purpose.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall COMUNE, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

In addition, the site and the content therein are provided on an “as is'' basis without any warranties of any kind, express or implied, statutory or otherwise.  COMUNE and its Affiliates disclaim any and all warranties and representations, including, but not limited to, the warranties of merchantability, non-infringement of third-party rights, fitness for a particular purpose, quiet enjoyment, and any warranties arising out of course of dealing or usage of trade.  COMUNE and its affiliates also do not make and expressly disclaim any warranties: (1) that the site or the information or content contained herein will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (2) that the site is free of computer viruses or other harmful material; (3) as to the site’s accuracy, reliability, completeness or timeliness; (4) that COMUNE will continue to offer or make available the site; or (5) regarding the quality of any products, services or content purchased or obtained through the site or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the site. 

Certain state laws do not permit limitations on implied warranties and may not permit certain limitations on liability, and if these laws apply to you, some or all of the foregoing disclaimers, exclusions and/or limitations may not apply to you. However, you agree that COMUNE and its Affiliates’ aggregate liability to you will be limited to fullest extent permitted by law.

We reserve the right to change or update the site without notice to you and no advice or information, whether oral or written, obtained from COMUNE or its affiliates or through the site will create any warranty not expressly made herein.

INDEMNITY

By accessing and/or using the Site, you agree to defend, indemnify and hold harmless COMUNE and its Affiliates from and against any and all losses, claims, damages, costs and expenses (including attorneys’ fees) that COMUNE and/or Affiliates may become obligated to pay as a result of your access and/or use of the Site (including but not limited to any of your Content or Feedback), your negligence, your breach of or failure to comply with these Terms or any Additional Terms, your violation of the rights of any person or entity and/or your use of any products or services purchased or obtained via the Site.  COMUNE and its Affiliates reserves the right to assume or participate, at your sole expense, in the investigation, settlement and/or defense of any such claim and you agree to cooperate with COMUNE’s defense of any such claim.

ADDITIONAL USER RESTRICTIONS

In addition to any other restrictions or prohibitions contained herein, you agree not to do any of the following: 

1. Store in any information retrieval system, transfer, publish, distribute, display to others, broadcast, sell, or sublicense the Site, its contents or any portion thereof;
2. Remove, interfere with or disable any functionality in the Site;
3. Use any meta tags, hidden text, robots, spiders, crawlers, scrapers or other automated mechanisms to access the Site or any content therein for any purpose without COMUNE’s express written permission;
4. Decompile, disassemble, create or attempt to create, by reverse engineering or otherwise, the source code or any other code accessible as part of the Site, or modify, reverse engineer or create any derivative works based upon the Site or any content therein;
5. Use, copy or otherwise access any restricted or private area of the Site or any data, content or materials contained in any such area of the Site;
6. Circumvent, breach, or attempt to circumvent or breach any security or authentication measures designed to control access to the Site or in any way obtain or attempt to obtain unauthorized access to or use of any elements or portion of the Site;
7. Log into or otherwise access an Account that you are not authorized to access;
8. Attempt to probe, scan or test the vulnerability of a system or network related to or connected with the Site;
9. Use the Site to infringe the intellectual property or proprietary rights of others;
10. Use the Site or make any attempt to penetrate, modify or manipulate the Site or any of COMUNE’s systems, hardware or software to invade the privacy of, obtain the identity of, or obtain any personal information about any third party;
11. Attempt to access, interfere with service to, or disrupt the Site or any Site user, host or network, including without limitation, by submitting any harmful code, trojan horse, worm or virus to the Site, any denial-of-service attack, overloading, “spimming”, “spamming”, or attempted crashing of the Site or the systems, networks, software or hardware used in providing the Site;
12. “Spoof” or otherwise impersonate any individual or entity, or forge, delete or alter any part of TCP/IP packet header information in any e-mail or other posting;
13. Collect or store any personally identifiable information from the Site from other users of the Site without their express permission;
14. Impersonate or misrepresent your affiliation with any person or entity;
15. Facilitate or coordinate commercial activities and/or sales via or involving the Site without COMUNE’s prior consent, including but not limited to sweepstakes or other contests, advertising, barter, or pyramid schemes;
16. Posting, submitting or otherwise using a photograph of any individual without their consent or, in the case of individuals under age 18, parental consent;
17. Violate any applicable law, regulation, requirement or standard in your access or use of the Site; or
18. Encourage or enable any other individual or entity to do any of the foregoing.

MOBILE SERVICE PROVIDERS

To facilitate your connection to mobile-enhanced versions or portions of the Site, you must possess a mobile device that is compatible with the Site and/or such versions or portions thereof. COMUNE does not warrant that the Site or such mobile-enhanced versions or portions of the Site will be compatible with your mobile device.  

In addition, you acknowledge that you may be obligated to pay certain fees or charges for the use of your mobile device to access or use the Site or for your access or use of such mobile-enhanced versions or portions of the Site, including but not limited to any messaging, data or other charges by your mobile service provider. You are advised to check with your mobile service provider to determine the nature and amount of any such fees and charges. Further, your mobile service provider may restrict your ability to download, install or otherwise use the Site or the mobile-enhanced versions or portions of the Site

GOVERNING LAW / VENUE 

These Terms will be governed by and construed in accordance with the laws of the State of California and controlling United States federal law, notwithstanding any conflict of law’s provisions or doctrines of such state or any other jurisdiction to the contrary. Subject to the binding arbitration provisions contained in Section 19, below, you agree to submit to the jurisdiction of the courts situated in Los Angeles County, California with respect to any claim, cause of action or dispute related to or involving the Site or your access or use thereof. 

The United Nations Convention on Contracts for the International Sale of Goods will have no applicability to these Terms and COMUNE hereby disclaims the applicability to these Terms of such convention or of any state law implementation of the Uniform Computer Information Transactions Act, including any available remedies or laws related thereto.

DISPUTE RESOLUTION, ARBITRATION, CLASS ACTION WAIVER  

Any dispute relating in any way to your use of the Site shall be submitted to confidential arbitration in Los Angeles County, California and you hereby submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate COMUNE’s intellectual property or proprietary rights or the intellectual property or proprietary rights of its Affiliates, or COMUNE otherwise has a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. 

Arbitration under these Terms will be administered by the American Arbitration Association in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect, except as otherwise modified by this Section. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. 

You agree that you will not file or participate in any form of class action against COMUNE or its Affiliates. 

You agree that you must assert any claims against us or any of its Affiliates within one (1) year from the date of the applicable purchase or, if no purchase was made, from the date the claim first accrued.

UNITED STATES AND INTERNATIONAL EXPORT CONTROLS

Any software made available to you via the Site is subject to United States export controls and may not be downloaded from the Site or otherwise exported or re-exported in violation of United States export laws. Downloading or using any such software is at your sole risk.

Users located out of the US:

COMUNE’s operations are based in the United States and the Site is operated within the United States. You acknowledge that any Content, Feedback or other information you submit or provide to COMUNE or that COMUNE obtains through your use of the Site or COMUNE Social Media may be processed and transferred to the United States and subject to United States laws and regulations. The United States privacy and data protection laws and regulations may not be the same or similar to the privacy or data protection laws and regulations in your resident jurisdiction. By accessing or using the Site or COMUNE Social Media or by providing Content, Feedback or any other information to us, you consent to COMUNE’s collection, transfer, storage and processing of your information to and within the United States.

MISCELLANEOUS

Complete Agreement

These Terms and any Additional Terms, as applicable, constitute the complete and exclusive agreement between you and COMUNE concerning your use of the Site, and supersede all prior agreements, understandings and/or communications. You acknowledge that the authorizations, releases, and agreements contained herein are irrevocable and unconditional, and you hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the rights or permissions granted pursuant to these Terms, and specifically waive the right to seek injunctive or other equitable relief with respect to a breach (or alleged breach) of these Terms. Nothing contained in these Terms will be construed as creating any agency, partnership, or other form of joint enterprise between you and us. 

Waiver

COMUNE’s failure to enforce any right or provision of these Terms or any Additional Terms will not constitute a waiver of future enforcement of that right or provision and the waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of COMUNE. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to any other remedies under these Terms or otherwise. 

Severability

If any provision of these Terms or any Additional Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the invalidity or unenforceability of such provision will not affect the validity or enforceability of the remaining provisions of these Terms or any Additional Terms, which will remain in full force and effect. 

Transfer of Terms

You may not assign or transfer these Terms or any Additional Terms or your rights or obligations hereunder, by operation of law or otherwise, without COMUNE’s prior written consent. Any attempt by you to assign or transfer these Terms or any Additional Terms or your rights or obligations hereunder without such consent will be null and void. We may assign or transfer these Terms and all or a portion of its rights or obligations hereunder, at its sole discretion without restriction. Subject to the foregoing, these Terms and any Additional Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.  

COMUNE’s performance under these Terms or any Additional Terms is subject to applicable laws and regulations, and nothing in these Terms or any Additional Terms is intended to limit or derogate of COMUNE’s right to comply with applicable laws and regulations or requests by or requirements of governmental or other authorities related to the Site or information provided to or gathered by us in connection with the use of the Site. Any notices or other communications permitted or required hereunder will be in writing and given by us by posting to the Site. The provisions in these Terms regarding your Content and Feedback, the COMUNE’s intellectual property and proprietary rights, indemnity, disclaimers of warranty, disclaimers and limitations of liability, waiver, severability, miscellaneous legal terms, governing law and venue, and dispute resolution/arbitration will survive the termination or expiration of your agreement to these Terms for any reason.

Headings

The headings in these Terms or any Additional Terms are for convenience only and should not be used in its interpretation. 

If you have any questions regarding these Terms, please email COMUNE at info@theComune.com.

 

CONTACT INFORMATION

 

COMUNE® a Division of dHouse Brands, Inc.