The following terms and conditions (the "Terms and Conditions") govern your use of sicovers.com, and any content made available from or through sicovers.com, including any subdomains thereof (the "Web Site"). The Web Site is made available by Ferrari Color (hereinafter, "Ferrari Color", "We", "Our" or "Us") pursuant to an agreement with Sports Illustrated, a division of Time, Inc. ("Sports Illustrated"). BY USING THE WEB SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEB SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Web Site, including purchasing products on or through the Web Site.
1. Proprietary Rights.
Ferrari Color and its licensors (including Sports Illustrated) own, solely and exclusively, all rights, title and interest in and to the Web Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design and organization of the Web Site, and the compilation of the content, code, data and materials on the Web Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Web Site does not grant to you ownership of any content, code, data or materials you may access on or through the Web Site.
2. Prohibited Use.
Any commercial or promotional distribution, publishing or exploitation of the Web Site, or any content, code, data or materials on the Web Site, is strictly prohibited unless you have received express prior written permission from authorized personnel of Ferrari Color or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Web Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Web Site, including the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Web Site. If you make other use of the Web Site, or the content, code, data or materials thereon or available through the Web Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of Ferrari Color and its licensors (including Sports Illustrated) and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by Ferrari Color that appear on the Web Site or on or through the Web Site's services, if any, are the property of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without the written permission of Ferrari Color, Sports Illustrated or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Web Site or on or through any of the Web Site's services is strictly prohibited.
4. User Information.
5. Prohibited User Conduct.
You warrant and agree that, while using the Web Site, including the purchase of products on or through the Web Site and use of various services and features offered on or through the Web Site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the Web Site's products, content, materials or services, or use, redistribute, republish or exploit such products, content, materials or services for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Web Site. You shall not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Web Site or the services offered on or through the Web Site, including any information residing on any server or database connected to the Web Site or the services offered on or through the Web Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Web Site or the services made available on or through the Web Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Web Site or such services, including sending mass unsolicited messages or "flooding" servers with requests; (iv) use the Web Site, the Web Site's services or features, or any products purchased on or through the Web Site in violation of Ferrari Color's or any third party's intellectual property or other proprietary or legal rights; or (v) use the Web Site, the Web Site's services or features, or any products purchased on or through the Web Site in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Web Site or the Web Site's services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party's use and enjoyment of the Web Site or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided through the Web Site.
6. Linking to the Web Site.
You agree that if you include a link from any other web site to the Web Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Web Site. You are not permitted to link directly to any image hosted on the Web Site or Our services, such as using an "in-line" linking method to cause the image hosted by Us to be displayed on another web site. You agree not to download or use images hosted on this Web Site on another web site, for any purpose, including posting such images on another site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of Our rights under the law to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time upon written notice to you.
You agree to defend, indemnify and hold Ferrari Color and its licensors and affiliates, and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys' fees, arising in any way from your use of the Web Site, your placement or transmission of any message, content, information, software or other materials through the Web Site, your breach or violation of the law or of these Terms and Conditions and/or your use of any product purchased on or through the Web Site. Ferrari Color and, as applicable, its licensors reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Ferrari Color's and, as applicable, its licensors' (including Sports Illustrated's) defense of such claim.
8. Orders for Products and Services.
a. Assent to Terms and Conditions of Sale.
THESE TERMS AND CONDITIONS APPLY TO ALL OF YOUR PURCHASES OF PRODUCTS FROM US THROUGH THE WEB SITE, AND ACCEPTANCE BY US OF ANY ORDERS BY YOU IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS AND CONDITIONS.
BY PURCHASING ANY PRODUCTS FROM US, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS IN EFFECT AT THE TIME OF PURCHASE. TO THE EXTENT THAT THESE TERMS AND CONDITIONS CONFLICT WITH OR ARE DIFFERENT FROM THOSE CONTAINED IN YOUR PURCHASE ORDER OR THEIR PROCUREMENT DOCUMENTS, THESE TERMS AND CONDITIONS WILL CONTROL.
All advertised prices are in U.S. dollars and exclude shipping, handling and taxes unless otherwise noted. You acknowledge that you may be charged and agree to pay the appropriate sales tax for your state, if applicable. Orders are deemed accepted only when fulfilled.
If payment is not received by Us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by Us. Amounts not paid when due will bear a late payment charge of 1.5 percent (1.5%) per month or the maximum legal rate, whichever is less. In any action to collect any unpaid amounts owed to Us for any products, Ferrari Color shall be entitled to recover its costs and attorney's fees plus interest.
Most products are available now for immediate shipment. Orders placed with standard shipping should arrive in two weeks. We also offer priority shipping via FedEx for an additional cost.
Please note that regardless of whether you choose to ship the product via standard shipping or FedEx, the risk of loss and title for the products passes to you upon Our delivery of the products to the shipping company. You are responsible for filing any claims with the shipping company for damaged and/or lost shipments. You must notify Us of damaged or missing items from your order within thirty (30) days after you receive your products.
d. Refunds and Returns
We are unable to accept returns or provide refunds since the products sold on the Web Site are custom-ordered.
e. Use of the Products
You acknowledge and agree that any products you purchase from Us are for personal use only and you will not publish or reproduce such products in any way or use such products for commercial purposes.
f. Features, Content and Specifications of Products
All features, content, specifications, products and prices of products described or depicted on the Web Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of Our products, including the applicable colors; however, the actual color you see will depend on your computer system and We cannot guarantee that your computer will accurately display such colors. The inclusion of the products in the Web Site at a particular time does not imply or warrant that these products will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any item purchased from the Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
If you order any products, you hereby represent and warrant that you are 18 years old or older.
These Terms and Conditions incorporate by reference and are subject to any and all of Ferrari Color's policies posted on the Web Site at the time of sale, including additional terms and conditions presented to you at the time of purchase.
We reserve the right to refuse to sell to any person or entity at any time for any reason.
9. Third Party Web Sites.
You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site ("Linked Sites"). You acknowledge and agree that We have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of Ours. Links to Linked Sites do not constitute an endorsement or sponsorship by Us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. The inclusion of any link to such sites on Our Web Site does not imply Our endorsement, sponsorship, or recommendation of that site. Ferrari Color disclaims any liability for links (1) from another web site to this Web Site and (2) to another web site from this Web Site. Ferrari Color cannot guarantee the standards of any web site to which links are provided on this Web Site nor shall Ferrari Color be held responsible for the contents of such sites, or any subsequent links. Ferrari Color does not represent or warrant that the contents of any third party web site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, Ferrari Color is not responsible for or any form of transmission received from any Linked Sites. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
10. DISCLAIMER OF WARRANTIES.
THE WEB SITE, INCLUDING ALL PRODUCTS, SERVICES, CONTENT, FUNCTIONS AND MATERIALS PURCHASED OR OTHERWISE PROVIDED THROUGH THE WEB SITE, ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEB SITE, INCLUDING ALL PRODUCTS, SERVICES, CONTENT, FUNCTIONS OR MATERIALS PURCHASED OR OTHERWISE PROVIDED THROUGH THE WEB SITE, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEB SITE, INCLUDING ALL PRODUCTS, SERVICES, CONTENT, FUNCTIONS AND MATERIALS PURCHASED OR OTHERWISE PROVIDED THROUGH THE WEBSITE, WILL MEET USERS' REQUIREMENTS AND, WITH RESPECT TO PRODUCTS PURCHASED ON THE WEB SITE, WE EXPRESSLY DISCLAIM ALL LIABILITY FOR CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION OR IMPROPER PRODUCT SELECTION. FERRARI COLOR ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEB SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEB SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, FERRARI COLOR AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEB SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEB SITE OR IN CORRESPONDENCE WITH FERRARI COLOR OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEB SITE ARE PROVIDED BY FERRARI COLOR "AS IS," EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND FERRARI COLOR OR ITS LICENSOR OR SUPPLIER.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL FERRARI COLOR, ITS LICENSORS OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, CONTENT OR SERVICE PROVIDERS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEB SITE (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEB SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO FERRARI COLOR FOR YOUR USE OF THE WEB SITE OR PURCHASE OF PRODUCTS VIA THE WEB SITE.
12. Applicable Laws.
We control and operate the Web Site from Our offices in the United States of America. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
We may terminate, change, suspend or discontinue any aspect of the Web Site or the Web Site's services at any time. We may restrict, suspend or terminate your access to the Web Site and/or its services if We believe you are in breach of Our terms and conditions or applicable law, or for any other reason without notice or liability. We maintain a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.
We reserve the right, at Our sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Web Site and/or the services made available on or through the Web Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
The Terms and Conditions, and the relationship between you and Us, shall be governed by the laws of the State of Utah, United States of America, without regard to conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of Utah, County of Salt Lake, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within Salt Lake County in the State of Utah. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
These Terms and Conditions were revised 11/07/2008.