Terms

Terms of Use

Complex Media, Inc., together with its partners and affiliates, owns, operates, or provides a network of interactive services and applications (together, "Complex", "we", "us", "our"). These Terms of Use ("Terms of Use") govern your use of any website within the Complex network ("Site"), application ("Application"), Products (defined below) or other service (collectively with any Site, Application, Product referred to as the "Service") that includes an authorized link to these Terms of Use.

In order to make use of the Service and the Product (as defined below), you must agree to be bound by these Terms of Use and by our Privacy Policy. If you object to anything in these Terms of Use or the Privacy Policy, you are prohibited from using the Service.

PLEASE READ THESE TERMS OF USE (TOGETHER WITH OUR PRIVACY POLICY, THE "TERMS") FULLY AND CAREFULLY BEFORE USING THE SITE, REGISTERING FOR THE SERVICE AND/OR DOWNLOADING THE APPLICATION. THE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE APPLICATION, THE SITE AND THE SERVICE. THE TERMS ARE SUBJECT TO CHANGE BY US AT ANY TIME, EFFECTIVE UPON POSTING THROUGH THE SERVICE. BY ACCESSING THE SERVICE AFTER ANY SUCH CHANGE, YOU ACCEPT THESE TERMS AS MODIFIED.

  1. Eligibility. The Service is not intended for or directed to persons who are minors (typically persons under the age of 21, depending on where you live). Because we cannot prohibit minors from accessing, viewing, browsing, visiting or using the Service, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors. We may, in our sole discretion, refuse to offer access to or use of the Service to any person or entity without notice and change eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited or to the extent offering of the Service conflicts with any applicable law, rule or regulation. Further, the Service is offered only for your use, and not for the use or benefit of any third party.
  2. Modifications. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
  3. Product.
    1. Proprietary Rights. The Service and all text, links, information, data, widgets, software, scripts, tools, photographs, graphics, interactive features, video, products and audio content provided thereon or in connection therewith (collectively, the "Product") are protected as copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights under the copyright and other intellectual property laws of the United States and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by and maintain all copyright notices, information, and restrictions contained in any Product accessed through the Service. We make no claims that Product contained on the Service may be lawfully viewed or downloaded. Access to Product on the Service may not be legally accessed or viewed by certain persons or in certain countries. If you access the Service from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
    2. Availability of Product. We do not guarantee that any Product will be made available through the Service. Further, we have no obligation to monitor the Service. However, we reserve the right to (i) remove, edit or modify any Product in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, prices and availability), or for no reason at all and (ii) remove or block any Product from the Service. We reserve the right to refuse access to the Service to anyone for any reason at any time. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or services that we offer. All descriptions of Products or Product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made on this site is void where prohibited. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
    3. Quality of Product. We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
  4. Code of Conduct.
    1. As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service. You shall abide by all applicable local, state, national and international laws and regulations.
    2. You shall not (directly or indirectly):
      1. take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure;
      2. interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
      3. bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
      4. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction;
      5. modify, translate, or otherwise create derivative works of any part of the Service;
      6. run any form of auto-responder or "spam" on the Service;
      7. use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site;
      8. harvest or scrape any content from the Service;
      9. copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder; or
      10. otherwise take any action in violation of our guidelines and policies.
    3. You further understand and acknowledge that you may be exposed to Product that may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and, by accessing the Service, you automatically waive, any legal or equitable rights or remedies you have or may have against us with respect to such Product.
    4. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
  5. Third Party Services.
    1. Third Party Account Information. As part of the Service, we may ask you to link your third party accounts (such as Shopify) ("Third Party Accounts") to the Service. By signing into the Service through any Third Party Account, you permit us to access and aggregate certain information from your profiles on such sites for use by the Service. Still, you ultimately control how much information is accessible to us – just be sure to adjust your privacy settings on those sites. When you use the Service, you are authorizing us to collect, store, and use, in accordance with our Privacy Policy, any information that you permit the third party service ("Third Party Service") to provide to us and to access tokens made available by those Third Party Services.
    2. Third Party Services. As noted above, the Service may contain links to or from Third Party Services that are not owned or controlled by us. When you access Third Party Services, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Services and that you will act in accordance with those policies, in addition to your obligations under these Terms of Use. We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of any Third Party Services. In addition, we will not and cannot monitor, verify, censor or edit the content of any Third Party Service. Any information contained in the content or data from a Third Party Service may be inaccurate or misleading and should not be relied upon. This content and data may become temporarily or permanently unavailable and/or may be subject to change without notice. By using the Service, you expressly release and hold us harmless from any and all liability arising from your use of any Third Party Service.
    3. Credit Card Information. All credit card information and other information necessary to complete any transactions regarding the Products, provided by the you shall be collected and stored by Shopify, a Third Party Service, and shall be subject to the their Privacy Policy and Terms of Service.
  6. Termination. This Agreement shall remain in full force and effect while you use the Service. You may terminate your use of the Service at any time. We may terminate or suspend your access to the Service at any time, for any reason, and without warning. We may also terminate or suspend your access to the Service immediately, without prior notice or liability, if you breach any of the terms or conditions of these Terms of Use. Upon termination, your right to use the Service, and access the Site will immediately cease. All provisions of these Terms of Use which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
  7. Disclaimers/Limitations.
    1. We make no representations concerning any Product contained in or accessed through the Service, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service. You acknowledge that all Product accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
    2. THE SERVICE, PRODUCT, APPLICATION AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE. WE DO NOT MAKE ANY WARRANTIES WITH RESPECT TO THE SERVICE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THE SERVICE OR AVAILABLE THOUGH LINKS IN THE SERVICE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THE SERVICE AND ANY MATERIALS AVAILABLE THROUGH THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.
    3. THE SERVICE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, OR OTHER INFORMATION CREATED BY US OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH PRODUCTS IN THE SERVICE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH PRODUCT INFORMATION. ACCORDINGLY, SUCH PRODUCT INFORMATION, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
  8. Limitation of Liability. IN NO EVENT SHALL WE OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICE OR THE SUBJECT MATTER OF THESE TERMS OF USE UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
  9. Indemnity. You will indemnify and hold us, our parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Service, use of the Service, your violation of these Terms of Use, or the infringement by you of any intellectual property or other right of any person or entity.
  10. Privacy Policy. For information regarding our treatment of personally identifiable information, please review our current Privacy Policy, which is hereby incorporated by reference; your acceptance of these Terms of Use constitutes your acceptance and agreement to be bound by our Privacy Policy.
  11. Miscellaneous
    1. Jurisdiction and Choice of Law. If there is any dispute arising out of the Service, by using the Service you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in New York County, for the resolution of any such dispute.
    2. Modifications. We reserve the right, in our sole discretion, to modify or replace any of these terms, or change, suspend, or discontinue the Service (including without limitation, the availability of any Porduct) at any time by posting a notice on the Site or by sending you a notice through the Service, via email or by other appropriate means of electronic communication. While we will endeavor to timely provide notice of modifications, it is also your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following notification of any changes to these Terms of Use constitutes acceptance to those changes.
    3. Entire Agreement. These Terms of Use contain the entire agreement between you and us regarding the use of the Service.
    4. Assignment. These Terms of Use are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate these Terms of Use and our rights and obligations without consent.
    5. Severability. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable.
    6. Survival. Even after your access to the Service is terminated, or your use of the Service discontinues, these Terms of Use will remain in effect. All terms that by their nature may survive termination of these Terms of Use shall be deemed to survive such termination.
    7. Waiver. Our failure to enforce any part of these Terms of Use shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Use. Waiver of compliance in any particular instance does not mean that we will do so in the future. In order for any waiver of compliance with these Terms of Use to be binding, we must provide you with written notice of such waiver, provided by one of our authorized representatives.
    8. Headings. The section and paragraph headings in these Terms of Use are for convenience only and shall not affect the interpretation of these Terms of Use.
    9. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms of Use there shall be no third party beneficiaries.
    10. Relationship of the Parties. You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Use.
  12. Apple Device and Application Terms. In the event you are accessing the Service via an Application on a device provided by Apple, Inc. ("Apple") or an Application obtained through the Apple App Store, the following shall apply:
    1. Both you and we acknowledge that these Terms of Use are concluded between you and us only, and not with Apple, and that Apple is not responsible for the Application or the Product;
    2. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Use as they are applicable to the Service;
    3. You will only use the Application in connection with an Apple device that you own or control;
    4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
    5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
    6. You acknowledge and agree that we, and not Apple, are responsible for addressing any claims you or any third party may have in relation to the Application;
    7. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, we, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
    8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
    9. Both you and we acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
    10. Both you and we acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms of Use, and that upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as the third party beneficiary hereof.

If you have any questions, complaints, or claims with respect to the Service, you may contact us at the email or physical address listed below.

Mailing address:
1271 6th Avenue
35th floor
New York, NY 10020
E: info@complex.com

Effective: January 15, 2013