Terms & Conditions

WEBSITE TERMS AND CONDITIONS

Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website.  By using this website you warrant and represent that you are at least 18 years of age.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to StoneOak Media LLC (hereafter referred to as StoneOak Media)’s use of cookies in accordance with the terms of StoneOak Media’s Privacy Policy.

License to use website
Unless otherwise stated, StoneOak Media and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.  

You must not:
Republish material from this website, Including republication on another website;
sell, rent or sub-license material from the website; reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; or redistribute material from this website, except as defined within the the terms specified within each product.

Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without StoneOak Media’s express written consent.  You must not use this website to transmit or send unsolicited commercial communications.  You must not use this website for any purposes related to marketing without StoneOak Media’s express written consent.

Restricted Access
Access to certain areas of this website are restricted.  StoneOak Media reserves the right to restrict access to other areas of this website, or indeed this entire website, at StoneOak Media’s discretion.

If StoneOak Media provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.  StoneOak Media may disable your user ID and password in StoneOak Media’s sole discretion without notice or explanation.

User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to StoneOak Media a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to StoneOak Media the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or StoneOak Media or a third party (in each case under any applicable law).  

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

StoneOak Media reserves the right to edit or remove any material submitted to this website, or stored on StoneOak Media’s servers, or hosted or published upon this website.  Notwithstanding StoneOak Media’s rights under these terms and conditions in relation to user content, StoneOak Media does not necessarily undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties
This website is provided “as is” without any representations or warranties, express or implied.  StoneOak Media makes no representations or warranties in relation to this website or the information and materials provided on this website.  

Without prejudice to the generality of the foregoing paragraph, StoneOak Media does not warrant that: 1) this website will be constantly available, or available at all; 2) or the information on this website is complete, true, accurate or non-misleading.  Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with StoneOak Media you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. StoneOak Media retains the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

Pricing and Availability

While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

Payment

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Limitations of liability
StoneOak Media will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: to the extent that the website is provided free-of-charge, for any direct loss; for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if StoneOak Media has been expressly advised of the potential loss.

Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit StoneOak Media’s liability in respect of any: death or personal injury caused by StoneOak Media’s negligence; fraud or fraudulent misrepresentation on the part of StoneOak Media; or matter which it would be illegal or unlawful for StoneOak Media to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  If you do not think they are reasonable, you must not use this website.

Other parties
You accept that, as a limited liability entity, StoneOak Media has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against StoneOak Media’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect StoneOak Media’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as StoneOak Media.

Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity
You hereby indemnify StoneOak Media and undertake to keep StoneOak Media indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by StoneOak Media to a third party in settlement of a claim or dispute on the advice of StoneOak Media’s legal advisers) incurred or suffered by StoneOak Media arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions
Without prejudice to StoneOak Media’s other rights under these terms and conditions, if you breach these terms and conditions in any way, StoneOak Media may take such action as StoneOak Media deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation
StoneOak Media may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment
StoneOak Media may transfer, sub-contract or otherwise deal with StoneOak Media’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.  You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.  

Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement
These terms and conditions, together with StoneOak Media’s Privacy Policy and Cookie Policy constitute the entire agreement between you and StoneOak Media in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the State of Texas, United States of America, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Bexar County Texas.

Registrations and Authorisations
StoneOak Media, The Rockwell Adventures, and other brands are trademarked and registered with the US Patent and Trademark Office.

StoneOak Media’s details
The full name of StoneOak Media is StoneOak Media LLC.  StoneOak Media is registered in the State of Texas, United States of America. You can contact StoneOak Media by email using the following link.

 

Credit:  This document was created using a Contractology template available at http://www.freenetlaw.com.  Licensed under Creative Commons Attribution 2.0 UK: England & Wales License.