WHAT ARE THE TERMS AND CONDITIONS?
Last updated: 6/10/2022
Welcome to Wokpals! These terms and conditions govern your access to and use of www.wokpals.com, and any other website or application in which we present these terms and conditions (collectively with any content, shopping services, and community services provided those sites and apps, the “Platform”). These terms and conditions include and incorporate the additional policies and terms referenced here (collectively with these terms and conditions, the “Terms”). Please read the Terms carefully. By using our Platform, you accept and agree to the Terms. If you disagree with the Terms, please do not use the Platform and exit immediately.
We reserve the right to change the Terms from time to time. These changes will become effective when we post them. Your continued use of our Platform after we post changes to the Terms will mean you accept those changes. Please note our policy regarding resellers below.
THESE TERMS REQUIRE YOU TO SUBMIT CLAIMS EXCLUSIVELY TO INDIVIDUAL (NON-CLASS ACTION) BINDING ARBITRATION. SEE BELOW.
1. ELIGIBILITY
You must be at least 13 years old to access the Platform. If you are at least 13 years old but less than 18 years old, you can register for an account or use the Platform only after your parent(s), guardian, or legal representative has consented to these Terms. wokpals may at all times request written proof of such consent.
2. PLATFORM CONTENT
Other than User Generated Content, all of the content featured or displayed on the Platform, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by wokpals, its licensors, affiliates, vendors, agents and/or its Content providers. All elements of the Platform, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Platform may only be used for the intended purpose for which that Platform is being made available.
Except as otherwise indicated in specific areas within the Platform, you are authorized to view, play, print, and download documents, audio, and video found on our Platform for personal, informational, and noncommercial purposes only. You may not modify any of the materials or copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Platform. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Platform. For purposes of these Terms, the use of any such material on any other website or networked computer environment is prohibited. You must comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Platform. The Platform, its Content, and all related rights will remain the exclusive property of wokpals or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on this Platform.
Content on this Platform may include images of people playing sports and exercising. Please be aware that we are not familiar with your individual physical characteristics and health. Before you begin an exercise program, you should get a medical checkup. It is important that you warm-up and stretch before engaging in physical activity and that you use common sense while engaging in physical activity. If you experience any pain, feel weak, dizzy, exhausted, or become short of breath, immediately stop your workout. When you engage in physical activity, you assume all inherent risks.
3. USER-GENERATED CONTENT – INFORMATION CONTROL
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos, and other materials that you or other users of the Platform post, upload, transmit, display or otherwise make available through the Platform (“User Generated Content”) are the sole responsibility of you or the person who provided that User Generated Content. This means that you, not wokpals, are responsible for the User-Generated Content you post, upload, transmit, display, or otherwise make available through the Platform. You must not suggest, directly or indirectly, that wokpals endorses your User Generated Content.
Wokpals does not control User Generated Content and does not guarantee the accuracy, integrity, or quality of any User Generated Content. Furthermore, the User Generated Content is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. We are not responsible for any User-Generated Content and will not be liable for any loss or damage caused by any User-Generated Content or your use of or reliance on it. You understand that by using the Platform, you may be exposed to User-Generated Content that is offensive, indecent, or objectionable. m. By using the Platform, you may be exposed to User-Generated Content that you find offensive, objectionable, harmful, inaccurate, or deceptive. There may also be risks of dealing with underage persons, people acting under false pretenses, international trade issues, and foreign nationals. By using our Platform, you assume all associated risks.
By posting, uploading, transmitting, displaying, or otherwise making available User Generated Content through the Platform, you agree that:
- you are the owner of all rights to that User-Generated Content;
- you have waived all “moral rights” that you may have in that User-generated Content, including but not limited to the right to be identified as the author of that content;
- you have the right to allow our use of that User-Generated Content under these Terms;
- all User Generated Content that you post is accurate; does not violate these Terms; will not result in a violation of any agreement to which you are currently bound or will become bound in the future; does not and will not violate any applicable law; and will not cause injury to any person or entity; and
- you are at least 13 years old.
4. USER-GENERATED CONTENT – YOUR LICENSE TO US
User-Generated Content remains the intellectual property of the individual user. By posting, uploading, transmitting, displaying, or otherwise making available User Generated Content through the Platform, you grant wokpals a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display that User Generated Content, in whole or in part, throughout the world in any form, medium or technology, whether now known or later developed.
We may modify or adapt User Generated Content, including in order to transmit, display, or distribute it over networks and to conform to the requirements of networks, services, or other media. We or others may, in our sole discretion, refer to your name or other identifiers you provided when posting User Generated Content. You promise that our publication and use of your User Generated Content will not infringe the rights of any third party.
All User-Generated Content that you post, upload, transmit, display, or otherwise make available through the Platform may be used by wokpals in accordance with our Privacy Policy. wokpals reserves the right to change, condense, delete, or refuse to post any User-Generated Content on the Platform at its sole discretion. wokpals does not guarantee that you can edit or delete any User Generated Content you have made available in connection with the Platform. We are not under any obligation to keep confidential the User-Provided Content that you make available through the Platform.
5. PRODUCTS, FEATURES
All features, content, specifications, products, and prices of products and services described or depicted on this Platform 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 any products or services on this Platform at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased from this Platform. By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance, and may not be duplicated.
6. ACCURACY OF INFORMATION
We attempt to ensure that the information on this Platform is complete, accurate, and current. Despite our efforts, the information on this Platform may occasionally be inaccurate, incomplete, or outdated. Except as prohibited by applicable laws, we make no representation as to the completeness, accuracy, or currency of any information on this Platform. For example, products included on this Platform may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Platform. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
7. SHIPPING AND RETURNS
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Platform. All purchases from this Platform are made pursuant to a shipment contract. As a result, the risk of loss and title for items purchased from this Platform passes to you upon delivery of the items to the carrier. Based on your return history, we reserve the right, in our sole discretion, to issue your refund through a gift card and to require you to initiate your returns by contacting our Customer Service Department. Please review our Returns and Refunds Policy, which is incorporated into these terms. In addition, if delivery is unsuccessful or refused because you provided the incorrect address, we reserve the right to charge you a restocking and reshipping fee.
8. THIRD-PARTY LINKS
From time to time, this Platform may contain links to websites that are not owned, operated, or controlled by wokpals or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Platform. Neither we nor any of our respective affiliates are responsible for any content, materials, or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, any content, materials, or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Platform, you do so entirely at your own risk.
9. ACCESS AND INTERFERENCE
You agree that you will not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission. Additionally, you agree that you will not do or attempt to do any of the following: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere with the proper working of the Platform, any activities conducted on the Platform or any networks connected to the Platform; (iii) bypass any measures we may use to prevent or restrict access to the Platform, whether through hacking, password “mining” or any other unauthorized means, (iv) probe, scan, or test the vulnerability of the Platform or any network connected to the Platform, or (v) harvest or otherwise collect and store information about other users of the Platform, including e-mail addresses.
10. ACCOUNT SECURITY
You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Platform.
11. FEES
For all charges for any products and services sold on the Platform, adidas will bill your credit card or alternative payment method offered by wokpals. Any seasonal surcharges will be included in your order’s delivery total and are non-refundable. If legal action is necessary to collect on balances due, you agree to reimburse wokpals for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for the purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Platform.