TERMS OF USE AND CONDITIONS
Effective Date of Current Policy: September 6, 2018
SARDIN, PBC ("SARDIN", "we," or "us") operates the website located at www.sardin.co (the "Site"). The
use of the Site is subject to the following terms and conditions (the "Terms of Use").
PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE CREATE A BINDING
LEGAL CONTRACT BETWEEN YOU AND SARDIN. BY USING THIS SITE, YOU REPRESENT AND
WARRANT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS
OF USE AS WELL AS ANY OTHER TERMS, GUIDELINES OR RULES THAT APPLY TO ANY
PORTION OF THIS SITE, WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO
THESE TERMS OF USE, YOU MUST EXIT THE SITE IMMEDIATELY AND DISCONTINUE ANY USE
OF THE INFORMATION OR PRODUCTS OBTAINABLE OR ACCESSIBLE THROUGH THE SITE. If you
have any questions about the Terms of Use, please contact us at support@sardin.co.
1. PRIVACY
We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and
use your information. Our Privacy Policy is hereby incorporated into these Terms of Use by reference.
2. ELECTRONIC COMMUNICATIONS
When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing,
you consent to receive communications from us electronically. We will communicate with you by e-mail or
by posting notices on this Site. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal requirement that such
communication be in writing.
3. COPYRIGHT
Images of people, places and/or products posted on this Site are either the property of SARDIN, 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 SARDIN 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 SARDIN and is protected by
United States and international copyright laws. Any unauthorized use of any content 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. No materials or content provided on or through this Site may
be reproduced, distributed, publicly performed, publicly displayed, communicated to the public, or used
for the creation of a derivative work without the express written permission of the copyright owner of such
materials or content. To inquire about obtaining authorization to use the materials or content on this Site,
please contact us at support@sardin.co.
4. TRADEMARKS
All trademarks, service marks, and trade names (collectively the "Marks") that appear on this Site are
proprietary to SARDIN, or the other respective owners of such Marks. You may not display or reproduce
the Marks in any manner without the prior written consent of SARDIN, and you may not remove or
otherwise modify in any manner any trademark notices from any content offered or received through the
Site.
5. LIMITED LICENSE AND SITE ACCESS
We grant you a limited license to use the Site for personal use only. Consequently, this grant does not
allow you to, and you agree not to, do any of the following: (a) resell or make any commercial use of this
Site or any of the contents of this Site; (b) 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, including by using or directly viewing the underlying HTML or other code from this Site except as
interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish,
download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any
form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or
otherwise; (d) 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; (e) upload or otherwise transmit to or through the Site any unlawful, harmful, harassing,
defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind,
or any material that can cause harm or delay to the Site or computers of any kind; (f) gain unauthorized
access to the Service, to other users’ accounts, names or personally identifiable information, or to other
computers or websites connected or linked to the Site; (g) reproduce, distribute, publicly display, publicly
perform, sell, trade, resell or exploit any portion of the Service, use of the Service, access to the Service
or content obtained through the Service, for any purpose other than expressly permitted by these Terms,
including, by way of example and not limitation, by doing or engaging in any of the following without our
express written consent: (1) copying, caching, recording, compiling, or reformatting any information
obtained from the Site for commercial purposes in any fashion whatsoever, (2) framing, embedding
and/or passing off information obtained from the Site in such a manner as to present the information as
originating from a source other than the Site, or (3) using any trademarks, service marks, design marks,
logos, photographs or other content belonging to us obtained from the Site; or (h) assist or permit any
persons in engaging in any of the activities described above. There are no implied licenses granted in
this Agreement.
6. ACCOUNTS, FORMS, REGISTRATIONS AND PASSWORDS
If you use this Site and such use requires setting up an account and/or password(s), you are solely
responsible for maintaining the confidentiality of your account and password(s) and for restricting access
to your computer. If you open an account, register, or provide us with any information, you agree to
complete the account initiation, registration, or other process by providing us with current, complete, and
accurate information as requested by any forms. You agree that you will provide true, current, complete,
and accurate information in connection with any inquiry, quote request, or other request for information.
SARDIN is not responsible for any errors or delays in responding to any inquiry or request caused by any
incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control
or SARDIN.
You acknowledge and agree that any login, identifier, or password issued in connection with this Site
(each a "Password") is confidential information. You must maintain the confidentiality of any Password,
and you may not disclose such Password to any other person or entity or permit any other person or
entity to access the Site using such Password. You agree to notify SARDIN immediately of any
unauthorized use of any Password that is not issued directly to you or approved by us. You acknowledge
and agree that SARDIN, in its sole discretion, may suspend or discontinue your, and refuse any and all
current and future, access to or use any portion of this Site at any time without notice to you. SARDIN
cannot be responsible, and disclaims all liability in connection with, the use of any information that you
post or display on this Site. You should use caution when posting any information, including proprietary
information and personally identifiable information, to this Site.
7. CONTENT YOU MAY SUBMIT TO SARDIN
From time to time SARDIN may make available on this Site bulletin boards, chat rooms, comment areas,
billboards, forums, news groups, postings sections or similar communications facilities (collectively,
“Communications Facilities”). In such instances, SARDIN welcomes your comments regarding our
products and services, including our Site. However, any notes, messages, billboard postings, ideas,
suggestions, or other material which you submit to SARDIN must not harass, slander, malign, libel,
defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity,
obscene, indecent, pornographic, defamatory or unlawful material.
Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit
to SARDIN will become, upon your submission, the sole and exclusive property of SARDIN and SARDIN
shall be and is entitled to use any kind and nature of material which you submit for any type of use in
perpetuity, and including in any and all media whether now known or hereafter devised. By submitting
material to this Site, you are agreeing and you do agree that SARDIN has the right to publish any such
material for any type of use as outlined above including for promotional and advertising purposes, without
compensation of any kind to you. As a result, we must ask that you do not send us any original creative
materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do
so, you are forever assigning all rights in such original creative materials to SARDIN. By submitting any
materials of any kind to SARDIN, you represent and warrant that you hold all necessary right, title and
license to such materials and that your submission of such materials to SARDIN does not and will not
violate or infringe the rights of any third-parties.
You acknowledge that communications to or with Communications Facilities are not private
communications, and that others may read your communications without your knowledge. You should
always use caution when providing any personal information about yourself or your children. SARDIN
does not control or endorse the content, messages or information found in any bulletin board services,
chat areas, news groups, forums, communities and/or other message or communication facilities and,
specifically disclaims any liability with regard to same and any actions resulting from your participation. To
the extent that there are moderators, forum managers or hosts, none are authorized Company
spokespersons, and their views do not necessarily reflect those of SARDIN. Any communication or
material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments,
suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except as
otherwise may be stated in our Privacy Policy. Anything you transmit or post may be used by SARDIN or
its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission,
publication, broadcast and posting. Furthermore, SARDIN is free to use any ideas, concepts, know-how,
or techniques contained in any communication you send to the Site for any purpose whatsoever
including, but not limited to, developing, manufacturing and marketing products using such information.
8. MONITORING
SARDIN has no obligation to monitor this Site or any portion thereof. However, we reserve the right to
review any posted content and remove, delete, redact or otherwise modify such content, in our sole
discretion, at any time and from time to time, without notice or further obligation to you. SARDIN has no
obligation to display or post any content. SARDIN, subject to the Privacy Policy referenced above,
reserves the right to disclose, at any time and from time to time, any information or posted content that it
deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation,
contractual obligation, legal, dispute process, or governmental request. SARDIN shall have no liability in
connection with any content or content submitted to, transmitted via, or displayed or posted on this Site,
regardless of whether provided by SARDIN or any other party.
9. DIGITAL MILLENNIUM COPYRIGHT ACT
SARDIN respects the intellectual property rights of others and takes the protection of copyrights and all
other intellectual property very seriously, and we ask our users to do the same. SARDIN’s intellectual
property policy is to (1) remove material that appears in its sole discretion to infringe upon the intellectual
property rights of others, and (2) remove any content posted by and terminate the access rights of any
“repeat infringer” (i.e., any user that has uploaded content to the Site and for whom SARDIN has received
more than two takedown notices compliant with 17 U.S.C. § 512(c) with respect to such content).
SARDIN has discretion, however, to terminate the account of nay user after receipt of a single notification
of claimed infringement or upon SARDIN’s own determination.
If you believe a work protected by a U.S. copyright that you own has been posted on this Site without
authorization, you may notify our designated agent for notices of claimed infringement at
hello@sardin.co. Your notification must include substantially the following: (1) a physical or electronic
signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly
infringed, (2) identification of the works or materials being infringed or, if multiple works are covered by a
single notification, a representative list of suck works, (3) identification of the specific material that is
claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to
which is to be disabled, and information reasonably sufficient to permit us to locate the material, (4)
information reasonably sufficient to permit us to contact you, (5) a statement that you have a good-faith
belief that the use of the material in the manner complained of is not authorized by the copyright owner,
its agent, or the law, and (6) a statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed. You should consult with your lawyer and/or see 17 U.S.C. § 512 to confirm your
obligations to provide a valid notice of claimed infringement.
10. RISK OF LOSS
All products purchased from the Site are made pursuant to a shipment contract. This means that the risk
of loss and title for such items pass to you upon our delivery to the carrier.
11. LINKS TO OTHER WEBSITES
Please be aware that we are not and cannot make any claim or representation regarding, and we accept
no responsibility for, the quality, content, nature or reliability of web sites accessible from this Site, or web
sites linking to this Site.
12. CHILDREN
This Site is designed for and intended for use by adults. If you are under 18, you may use this Site only
with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and
supervise the use of this Site by children, minors and others under your care. You agree to be
responsible for their use of this website.
13. DISCLAIMER
ALL CONTENT CONTAINED ON THIS SITE, INCLUDING TEXT, GRAPHICS, AND LINKS, ARE
PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED
BY LAW, SARDIN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO SUCH CONTENT, WHETHER PROVIDED OR OWNED BY SARDIN OR
BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM
COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR
COURSE OF PERFORMANCE. IN ADDITION, SARDIN DOES NOT REPRESENT OR WARRANT
THAT THE CONTENT ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT, AND
YOU MAY NOT RELY ON THE CONTENT ACCESSIBLE VIA THIS SITE.
14. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SARDIN, ITS
OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER
RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES WITH REGARD TO THE
CONTENT CONTAINED ON THIS SITE; (II) UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR
SARDIN'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN; (III) INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE; (IV) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE
THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (V) ERRORS
OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY
YOU AS A RESULT OF YOUR USE OF OR RELIANCE ON THE CONTENT CONTAINED ON THIS
SITE; OR (VI) USE OF ANY MERCHANDISE MADE AVAILABLE ON OR THROUGH THE SITE,
WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF
WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SARDIN OR ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS OR LICENSORS WERE
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY
DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION
OF RISK BETWEEN YOU AND SARDIN, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF
THE BARGAIN BETWEEN YOU AND SARDIN, SARDIN’S LIABILITY WILL BE LIMITED TO THE
MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT SARDIN WOULD
NOT BE ABLE TO OFFER THE SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS
WITHOUT THESE LIMITATIONS.
15. INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SARDIN, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND THIRD PARTY PARTNERS FROM AND
AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE
ATTORNEYS' FEES, RESULTING FROM: (1) YOUR USE OF THE SITE, INCLUDING WITHOUT
LIMITATION, ANY CONTENT SUBMITTED OR TRANSMITTED BY YOU VIA THE SITE; (2) ANY USE
OF ANY PASSWORD CHOSEN BY OR ISSUED TO YOU; (3) ANY ALLEGATIONS, DAMAGES OR
CLAIMS RELATING TO ANY OF YOUR POSTINGS OR COMMUNICATIONS IN ANY FORUMS OR
FACILITIES ON THE SITE, OR FOR INFRINGEMENT OR VIOLATION OF ANY THIRD-PARTY
RIGHTS; OR (4) ANY VIOLATION BY YOU OF: (A) THESE TERMS OF USE; (B) SARDIN'S PRIVACY
POLICY; (C) ANY OTHER TERMS, GUIDELINES OR RULES APPLICABLE TO THE SITE; (D) ANY
RIGHTS OF ANY OTHER PERSON OR ENTITY; OR (E) ANY APPLICABLE LAWS, RULES, OR
REGULATIONS. IN NO EVENT SHALL SARDIN OR ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, LICENSORS OR SERVICE PROVIDERS BE LIABLE IN THE AGGREGATE FOR ANY
DAMAGES INCURRED BY YOU THAT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS
OR (B) THE AMOUNT YOU HAVE PAID SARDIN IN THE 12 MONTHS PRIOR TO THE ACTION
GIVING RISE TO THE LIABILITY.
16. TERMINATION
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.
17. GOVERNING LAW
These Terms of Use and the relationship between you and SARDIN shall be governed by the laws of the
State of New York as if you signed these Terms of Use in New York. The provisions of these Terms of
Use that conflict with or are inconsistent with applicable governing law will be superseded and/or modified
by such applicable law only to the extent such provisions are inconsistent. The parties agree to submit to
the federal or state courts in and for New York County, New York for exclusive jurisdiction of any dispute
arising out of or related to your use of the Site or your breach of these Terms of Use.
18. SOFTWARE
To the extent applicable, software from this Site is further subject to United States Export Controls. No
software from this Site may be downloaded or exported (i) into (or to a national or resident of) any other
country to which the United States has embargoed goods; or (ii) anyone to the United States Treasury
Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Deny
Orders. If applicable, by downloading or using software on this Site, you represent and warrant that you
are not located in, under the control of, or a national or resident of any such country or any such list.
We Reserve the Right to Update and Revise these Terms of Use at Any Time.
From time to time we review these Terms of Use to ensure that they comply with applicable law.
Consequently, we reserve the right to update and revise these Terms of Use at any time. You will know if
these Terms of use have been revised since your last visit to the website by referring to the "Effective
Date of Current Policy" date at the top of this page. Your use of our website constitutes your acceptance
of the terms of 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.
19. SEVERABILITY
If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that term
shall be deemed severable and shall not affect the validity and enforceability of any remaining term or
condition.
20. ENTIRE AGREEMENT
These Terms of Use constitute the entire agreement between the user and SARDIN with respect to this
Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral
or written with respect to this 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.