Terms and Conditions

TERMS and CONDITIONS
Last Updated: 12/11/2019

 

These Terms and Conditions (the “Terms”) govern your use of the website {URL for home page of site} (the “Site”) and apply to the purchase and sale of products through the Site.  If you disagree with one or more of these Terms or find them unacceptable in any way, please do not access or use the Site or purchase any products through the Site.  Any rights not expressly granted herein are reserved to Periscope.  Any violation of these Terms may lead to denial of access to and use of the Site as well as any other applicable legal remedy.

The Site was created and our products are being offered for a very limited time (December 11, 2019 through December 23, 2019) in order to support People Serving People, Minneapolis, Minnesota, or other charitable organizations.  The net proceeds from all sales of products will be donated to such organizations.  The prices for our products are fixed with a view toward maximizing contributions to the organizations, and do not necessarily represent the value or cost of such products.

The Site and our store is hosted on Shopify, which provides us with the online e-commerce platform that allows us to sell our products to you.

If you do not agree to these Terms, you must not use the Site.

  1. Please read these Terms carefully before using the Site or purchasing any products through the Site.  The Site is owned and operated by Periscope, Inc. (“Periscope” or “we” or similar terms).  All visitors to or users of the Site are referred to as “users,” “you,” or similar terms.  These terms and conditions (these “Terms”) apply to the purchase and sale of products through the Site {URL for home page of site} (the “Site”). 
  2. Updates and Changes. We reserve the right to modify these Terms, as well as our Privacy Policy (which is incorporated herein by reference), at any time without notice. Such changes, including retroactive changes, are effective once posted on this or a similar page of our Site.  This entire Site, or specific pages or features of the Site, may be discontinued or changed without notice.
  3. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that you will not attempt to access any restricted or secure portion of the Site to which you have not specifically been granted access.  You also agree that you will not transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems.  You will also not attempt to circumvent any technological measure implemented by us or any of our providers or any other third-party (including another user) to protect the Site.  We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
  4. Not Intended for Children. Our Site is not intended for children under 13 years of age. No person under the age of 13 should use the Site without the consent of their parent or legal guardian.  We strongly encourage all parents and guardians to monitor the Internet use by their children.  Use of the Site by any user shall be deemed to be a representation that the user is 13 years of age or older.  If you do not meet this requirement, you must not access or use the Site.

The preceding paragraph notwithstanding, you may not order or obtain products from the Site if you are not at least 18 years of age or the legal age to form a binding contract.  By placing an order for products from the Site, you affirm that you are of legal age to enter into a binding contract, and that you accept and agree to be bound by these Terms.

  1. Comply with Laws and Terms. Users must comply with all applicable laws and regulations.  You are responsible for your use of the Site, and for any use of the Site made using your account.  We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.  We may also terminate or suspend your access to all or part of the Site for any or no reason, including without limitation any violation of these Terms.
  2. Copyrights and Trademarks. All content, materials, images and other items on or accessed directly through the Site (collectively the “Content”) belong to Periscope, its third-party licensors, or clients.  You may download or print one copy of the Content on the Site, but only for your personal, noncommercial use.  When you download or print a copy of the Content, you must also include all copyright and other notices that are in the Content, including the copyright notice on the bottom of the page.  The Content is protected by United States and foreign copyright laws.  If you use the Content in a way that is not clearly allowed by these Terms, you are violating your agreement with us and may be violating copyright, trademark and other laws.  In that case, we automatically revoke your license to use the Content and you must immediately destroy any copies you have made.  All right, title and interest in and to the Content remains with Periscope or our third-party licensors.  All rights not expressly granted are reserved.
  3. Copyright Policy. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under the U.S. copyright laws.  If you believe in good faith that materials hosted by Periscope infringe your copyright, you or your agent may send Periscope a notice requesting that the material be removed or access to it be blocked.  Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Periscope actual knowledge of facts or circumstances from which infringing material or acts are evident.  If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Periscope a counter-notice.

All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.  You understand and agree that: (1) Periscope assumes no liability or responsibility for any third-party content or material of any kind that is submitted to or posted on the Site by any other users or third parties, and (2) Periscope is merely a transmitter of any such content, and is acting solely as an Internet Service Provider as such term is defined in the DMCA.

If you believe that any other person using the Site has violated any of these Terms, including those relating to copyright, please notify us immediately, specifically identifying the conduct or materials at issue.  Please contact us using the contact information provided below.

  1. Communication with You. You agree that we may communicate with you, by email or any other method or contact information you have provided to us.  Please see our Privacy Policy for more information on how we use the information we collect from you.
  2. Privacy and Security. You understand and agree that we will handle information as described in the Privacy Policy, as it may be modified from time to time. However, we cannot and do not guarantee absolute security, and we are not responsible for any illegal acts of third parties including hacking or similar activities.
  3. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you.  We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
  4. Prices and Payment Terms.
    • All prices posted on the Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation.  Posted prices do not include taxes or charges for shipping and handling.  All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email.  We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability.  We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences.
    • Payment must be received by us through the Shopify platform before our acceptance of an order. Approved credit cards and other payment methods are shown on the Site.  You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
  5. Shipments; Delivery; Title and Risk of Loss. We will arrange for shipment of the products to you only if your shipping address is in the continental U.S.  You will be charged a shipping and handling charge, which will include all costs in the processing, handling, packing, shipping and delivery of your order.

Title and risk of loss pass to you upon our transfer of the products to the carrier.  Shipping and delivery dates are estimates only and cannot be guaranteed.  We are not liable for any delays in shipments.

  1. Returns and Refunds. ALL SALES ARE FINAL – no returns of any kind will be allowed, and no refunds will be given.
  2. Disclaimer of Warranties.
    • CONTENT. ALL CONTENT ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AGAINST INFRINGEMENT.  PERISCOPE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.  USE OF THE SITE AND THE CONTENT AVAILABLE ON THE SITE OR LINKED TO BY THE SITE IS AT YOUR SOLE RISK. PERISCOPE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.  YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE OR FROM LINKED SITES IS FREE OF VIRUSES OR SIMILAR DESTRUCTIVE PROGRAMS.  SOME LINKS IN THE SITE MAY LET YOU LEAVE THE PERISCOPE SITE.  THE LINKED SITES ARE NOT UNDER THE CONTROL OF PERISCOPE AND PERISCOPE IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY PERISCOPE OF THE LINKED SITE.  YOU AGREE THAT PERISCOPE SHALL NOT BE LIABLE FOR ANY CLAIM OR DAMAGES RELATED TO ANY LOSS, DESTRUCTION, OR ALTERATION OF DATA RELATED TO YOUR USE OF THE SITE.  THE FOREGOING DISCLAIMER INCLUDES BUT IS NOT LIMITED TO RELIANCE BY YOU OR ANY THIRD PARTY ON ANY CONTENT OR INFORMATION OBTAINED THROUGH THE USE OF THE SITE, OR ANY DAMAGE OR HARM RESULTING FROM ANY MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE SITE, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE, OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE, OR RELATED INFORMATION OR PROGRAMS. SOME JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE FOREGOING EXCLUSION OF CERTAIN WARRANTIES, AND THEREFORE SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.
    • PRODUCT. ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY AGAINST INFRINGEMENT, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
    • LIMITATION. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
  3. LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT SHALL PERISCOPE OR ITS AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS OR CONTRACTORS (“COVERED PERSONS”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH YOUR USE OF THE SITE, ANY PURCHASE THROUGH THE SITE OR BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

PERISCOPE’S (AND ANY OTHER COVERED PERSON’S) SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE LESSER OF THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH THE SITE OR $100.00.

  1. Indemnity. You agree to indemnify, defend and hold the Covered Entities described above harmless from and against any and all costs, liabilities, losses and expenses (including, but not limited to, reasonable attorneys’ fees) resulting from any claim, suit, action or proceeding brought by any third-party against any of the Covered Entities alleging or arising from or related to your use of the Site or any breach of these Terms by you.
  2. Independent Contractor. You and Periscope are independent contractors as to one another. You are not Periscope’s agent or employee for any purpose and shall not hold yourself out as a Periscope agent or employee.
  3. Contact Information. Our contact information is:

{email address} or write to us at:

Periscope

921 Washington Avenue South

Minneapolis, MN 55415

  1. Governing Law and Jurisdiction. You agree that the exclusive jurisdiction and venue for any dispute with Periscope or any of the other Covered Entities, or in any way arising from or relating to your use of the Site, your purchase of products from the Site or your relations with Periscope or the other Covered Entities, is and will be in the state and federal courts in the State of Minnesota.  You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Periscope or the other Covered Entities.  You further agree that any claims, causes of action or actions in any way arising from or relating to your use of the Site, your purchase of products from the Site or your relations with Periscope or the other Covered Entities (a) will be governed by the laws of the State of Minnesota, excluding the application of its conflicts of law rules; (b) will be commenced by you within one (1) year after such cause of action accrued.  Actions not commenced by you within said one (1) year period will be permanently barred.  You agree that in the event you have or may have any alleged claim against Periscope or any Covered Entity, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action or similar action.

 

  1. Miscellaneous. If any provision of these Terms is held to be overbroad, invalid or unenforceable, such provision shall be deemed amended to the minimum extent necessary to render such provision valid and enforceable.  If any provision cannot reasonably be deemed amended, then such provision shall be struck and the remaining provisions shall be enforced.  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.  You may not sell, assign, or otherwise transfer any rights or obligations under these Terms; we may assign or transfer its rights and obligations under these Terms.  Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures. These Terms, along with the Privacy Policy, and any order confirmation, set forth the entire understanding and agreement between us with respect to the subject matter hereof.