Terms and Conditions

THE PATSY BOX TERMS OF USE

Effective Date of Current Policy: July 1st, 2018

ThePatsyBox.com operates the website located at www.thepatsybox.com (the “Site”). The following terms and conditions (the “Terms of Use”) govern your access to and use of the Site.

Please read the Terms of Use carefully before you use the Site.  By using the Site, you agree to these Terms of Use, including our Privacy Policy, found at Privacy Policy, without qualification or limitation. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

Privacy

The Patsy Box is committed to helping you safeguard your privacy. Please review our Privacy Policy for details about how we collect, use, and disclose your information.  By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Electronic Communication

By accessing, browsing or using the Site, submitting your information through the Site, or communicating with us through the Site, you consent to receive communications from us by e-mail or Site notices. Any communications provided to you electronically satisfy any legal requirement that such communication be in writing.

Registration and Passwords

In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

The Subscription Contract Between You And Us

The Patsy Box offers two subscription types: renewable quarterly subscriptions (“Quarterly Subscriptions”); prepaid and renewable twelve (12) month subscriptions (“Interval Subscriptions”); and prepaid gift subscriptions (“Gift Subscriptions”).

Quarterly Subscriptions: By purchasing a Quarterly Subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive quarterly period, at the then-current subscription rate. To cancel your Quarterly Subscription at any time, you must logon to your account and follow the cancellation procedures or call or email us and we will do it for you. If you cancel, you may use your subscription until the end of your then-current subscription term. The Patsy Box may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before The Patsy Box reasonably could act.

Interval Subscriptions: By purchasing an Interval Subscription, you acknowledge that your subscription has an initial pre-payment feature for the then-current term. At the end of the then-current term, your subscription will be automatically extended for another identical term at the then-current subscription rate. You may only cancel your Interval Subscription prior to the beginning of the subsequent term.

Gift Subscriptions: For Gift Subscriptions, the subscription will not be renewed after the then-current term expires unless you select that option at checkout.  We reserve the right to revoke your subscription at any time as a result of a violation of these Terms of Use or the Privacy Policy. Membership is void where prohibited by law.

Product Information; Limitation on Quantities

Excluding any content that may be submitted by members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available.

Copyright

Images of people, places or products posted on this Site are either the property of The Patsy Box, or are used by us with express permission. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of The Patsy Box or its partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of The Patsy Box and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us.

Trademarks

The Patsy Box name and all related names, logos, product and service names, designs and slogans (the “Marks”) are trademarks of The Patsy Box or its affiliates or licensors. You must not use such Marks without the prior written permission of The Patsy Box, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

Limited License to Use Site

You are granted a limited license to use the Site for personal use only. Such grant does not permit you to do any of the following: (1) use the Site or its contents for any commercial purpose; (2) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read; (3) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including Marks described above) in any form or by any means; or (4) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site. Notwithstanding any of these Terms of Use, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms of Use will still apply.

Digital Millennium Copyright Act

The Patsy Box expects all users to respect the intellectual property rights of others. If you believe a work protected by a U.S. copyright that you or another owns has been posted on this Site without authorization, you may notify us with the following information:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  • identification of works or materials being infringed;
  • identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
  • your contact information, including address, telephone number and, if available, e-mail address;
  • a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law; and
  • a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.

Changes to the Website; Disclosure

We further reserve the right to remove, delete, redact or otherwise modify content on the Site, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Subject to the Privacy Policy referenced above, we reserve the right to disclose, at any time and from time to time, any information or content that we deem necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.

Linking to the Site

You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent.

Links to Other Websites

If the Site contains links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

YOUR USE OF THE SITE, ITS CONTENT OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  THE PATSY BOX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability. 

IN NO EVENT WILL THE PATSY BOX, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless The Patsy Box, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (1) your use of the Site, including use of its content, or (2) your violation of these Terms of Use, our Privacy Policy, any other terms or rules applicable to the Site, any rights of any other person or entity, or any applicable laws, rules or regulations.

Governing Law

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Nebraska without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal or state courts in and for Nebraska, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.

Changes to Terms of Use

From time to time we may revise these Terms of Use to reflect changes in the Site or to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms of Use at any time in our sole discretion. Your continued use of our Site means that you accept and agree to these Terms of Use as amended or revised by us from time to time, and you should therefore review these Terms of Use regularly to ensure that you are aware of its terms. You will know if these Terms of Use have been revised since your prior visit to the Site by referring to the “Effective Date of Current Policy” at the top of this page.

International Use

We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Risk of Loss

Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

Waiver and Severability

No waiver by The Patsy Box of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The Patsy Box to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and the Privacy Policy Privacy Policy constitute the sole and entire agreement between you and The Patsy Box with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.