Welcome to Esoteric POV. These Terms of Use and our Privacy Policy govern your access and the use of (website link), including any content, functionality, and services offered on or through cu (website link ) (the “Site”) or any related social media platforms by Esoteric POV. In these Terms of Use, the terms “Esoteric POV,” “we,” and “us” refers to Esoteric POV, its parent company a.k.a. Brands, Inc., and a.k.a. Brands Inc.’s respective subsidiaries and affiliated companies.Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
Please read the Terms of Use carefully before you use the Site. These Terms of Use apply to all visitors, Users and others who access or use the Site (collectively, “Users”). By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at (privacy policy link ), incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.
This is a contract between you and Esoteric POV. Any use of the Site by anyone under thirteen (13) years of age is strictly prohibited and in violation of these Terms of Use. If you are under 18, you represent that you have your parent or guardian’s permission to use the Site and that your parent or guardian is agreeing to these Terms of Use. If you are a parent or legal guardian of a User of the Site under the age of 18, by allowing your child to use the Site, you are subject to the terms of these Terms of Use, and responsible for your child’s activity on the Site. Our Site is not available to any Users we previously removed from our Site.
Please take time to read our Privacy Policy, (privacy Policy link) which provides a transparent view of how we collect, use, and share personal information.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.
Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. We recommend that you check this page from time to time, so you are aware of any changes.
To access our site for personal, non-commercial use, you must follow the Terms of Use. We can suspend or end your access for any reason. We may change the site or its content without notice. You are responsible for ensuring access to the site and making sure others using your internet connection comply with the Terms of Use. 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, as applicable.
You are responsible for both:
・Making all arrangements necessary for you to have access to the Site.
・Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.
Your account on our Site (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of User Accounts for different types of Users.
You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete profile information, and you must keep this information up to date.
You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers, and symbols) with your User Account. You must notify us immediately of any breach of security or unauthorized use of your User Account. We will not be liable for any losses caused by any unauthorized use of your User Account.
You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our (Privacy Policy link) , and you consent to all actions we take with respect to your information consistent with our (Privacy Policy link).
You may control certain aspects of your User Account and how you interact with our Site by changing the settings in your settings page. By providing us with your email address you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other promotional messages, such as changes to features of our Site and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by contacting us at (privacy email address) or by clicking the unsubscribe link within each promotional message. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers; however, opting out will not prevent you from receiving service-related notices.
You acknowledge that you do not own the User Account you use to access our Site. In spite of anything in these Terms of Use to the contrary, you agree that we have the absolute right to manage, regulate, control, modify and/or eliminate any data stored by us or on our behalf on our (including by our third party hosting providers’) servers as we see fit in our sole discretion, in any general or specific case, and that we will have no liability to you based on our exercise of such right. All data on our servers are subject to deletion, alteration, or transfer.
NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, USER ACCOUNT HISTORY AND USER ACCOUNT CONTENT RESIDING ON OUR SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN OUR DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. WE DO NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON OUR SERVERS.
By connecting to our Site with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
The Esoteric POV US mobile message service (the “Service”) is operated by Esoteric POV US (“Esoteric POV US”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Esoteric POV US’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Esoteric POV US through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Esoteric POV. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to Esoteric POV or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message.
No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Esoteric POV US mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to Esoteric POV or email (customer service email)
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages.
You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.We respect your right to privacy. To see how we collect and use your personal information, please see our (Privacy Notice link).
With the exception of your User Content, it is understood and acknowledged that all materials, information, data, text, software, music, sound, photographs, graphics, logos, patents, trademarks, service marks, copyrights, audio, video, messages, and other materials (including User Content posted by other Users) on this Site, collectively referred to as “Esoteric POV Content,” as well as all associated intellectual property rights, are the exclusive property of Esoteric POV and its licensors (including other Users who post User Content on our Site).
Using any Esoteric POV Content without the express written permission of Esoteric POV or its licensors is expressly prohibited. Unless otherwise specified in these terms, no material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied without the prior written consent of Esoteric POV and/or the appropriate licensor. You are allowed to display, copy, distribute, and download materials on this Site for personal, non-commercial use, but you must not modify the materials and must retain all copyright and other proprietary notices contained in the materials. Without the express written permission of Esoteric POV, you may not “mirror” any material contained on this Site or any other server.
Any permission granted under these Terms terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, privacy and publicity laws, as well as communication regulations and statutes.
ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
Additionally, you agree not to:
The Site enables Users to submit, post, display, provide, or otherwise disclose, or offer in connection with their use of this Site, content, including content sourced from or via third parties or third-party services or other websites like Facebook or Instagram that may interact with this Site. This content encompasses comments, ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information, and other submissions, including those accompanied by hashtags, collectively referred to as “User Content.” It is noted that User Content may contain personal information.
While we do not assert ownership rights over User Content, you explicitly grant us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid-up, worldwide license (but not the obligation) to utilize any User Content (“IP License”). This IP License encompasses, without limitation, the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform, and display such material (in whole or part) globally and/or to integrate it into other works in any form, media, or technology presently known or developed in the future, across digital and physical owned channels. There will be no limitations on the use or modifications to the submission, whether for commercial purposes or otherwise, of the User Content. In specific scenarios, Esoteric POV may also share your contribution with trusted third parties.
In addition, you are granting us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid-up, worldwide license (but not the obligation) to utilize your name, likeness, personality, voice, or any other materials or information you provide to Esoteric POV in relation to your content.
You additionally grant, and you affirm and guarantee that you possess all requisite rights to grant, Esoteric POV an irrevocable, transferable, sub-licensable (through multiple tiers), fully paid, royalty-free, and worldwide right and license to utilize, copy, store, modify, and display your User Content for the following purposes: (a) to maintain and provide the Site to you; (b) exclusively in de-identified form, for the enhancement of our products and services and for our various business objectives, such as data analysis, customer research, product or feature development, and identification of usage patterns (with ownership of such de-identified data vested in us); and (c) to undertake any other actions as authorized by you in connection with your utilization of the Site.
You acknowledge and agree that it is your responsibility to ensure that the User Content you submit to the Site complies with all applicable laws and does not infringe upon the rights of any third party, including but not limited to Intellectual Property rights and privacy rights. You must have obtained, and are solely accountable for obtaining, all necessary consents as required by law to publish any User Content that pertains to third parties. Furthermore, you understand and agree that the User Content you submit to the Site must not contain any libelous or otherwise unlawful, abusive, obscene, or objectionable material, as determined solely by Esoteric POV. This includes, but is not limited to, the prohibition of posting violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic, or sexually suggestive photos or other content on the Site or on other websites that may interact with this Site, such as Facebook or Instagram.
Esoteric POV is not and shall not be obligated to (1) maintain any User Content in confidence; (2) provide compensation for any User Content; (3) credit or acknowledge the originator of User Content; or (4) respond to any User Content. We bear no responsibility and assume no liability for any User Content posted, sent, or made available by you, other Users, or third parties on our Site. You are solely accountable for your User Content and the outcomes of its posting, publication, sharing, or availability on our Site. You acknowledge that we serve merely as a passive conduit for the online distribution and publication of your User Content. You comprehend and agree that you may encounter User Content that is inaccurate, objectionable, inappropriate for children, or unsuitable for your intended purpose, and you accept that Esoteric POV is not liable for any damages you claim to experience as a result of or in connection with any User Content.
Should you choose not to provide Esoteric POV with the aforementioned permissions under the outlined terms, we kindly request that you refrain from submitting User Content.
The following content standards are applicable to all User Content. User Content must fully comply with all relevant federal, state, local, and international laws and regulations. Specifically, User Content must not:
1. Contain any defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable material.
2. Promote sexually explicit or pornographic content, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
3. Infringe upon any patent, trademark, trade secret, copyright, or other intellectual property or rights of any other individual.
4. Violate the legal rights (including rights of publicity and privacy) of others or include material that could lead to civil or criminal liability under applicable laws or regulations, or be in conflict with these Terms of Use and our Privacy Policy.
5. Be likely to deceive any individual.
6. Promote illegal activities or advocate, promote, or assist in any unlawful acts.
7. Cause annoyance, inconvenience, or unnecessary anxiety, or be likely to upset, embarrass, alarm, or annoy any other person.
8. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
9. Involve commercial activities or sales, such as contests, sweepstakes, sales promotions, barter, or advertising.
10. Create the impression that they are from or endorsed by us or any other person or entity when this is not the case.
We reserve the right to:
1. Remove or decline to publish any User Content at our sole discretion, for any reason or without providing a reason.
2. Take any necessary or appropriate action concerning any User Content, as determined solely by us. This includes situations where we believe the User Content violates the Terms of Use or Content Standards, infringes upon any intellectual property or other rights of any individual or entity, poses a threat to the personal safety of Site Users or the public, or could result in liability for Esoteric POV.
3. Disclose your identity or other relevant information to any third party asserting that content posted by you violates their rights, including intellectual property rights or privacy rights.
4. Initiate appropriate legal measures, including but not limited to involving law enforcement, in response to any unauthorized or illegal use of the Site.
5. Suspend or terminate your access to the entire Site or specific sections of it, for any reason or without specifying a reason, including due to violations of these Terms of Use.
Furthermore, we retain the right to fully cooperate with any law enforcement authorities or court order that requests or directs us to disclose the identity or any other information pertaining to individuals who post materials on or through the Site.
You waive and indemnify the Company and its affiliates, licensees, and service providers from any claims arising from actions taken by the Company or any of the aforementioned parties during, or as a result of, investigations conducted by either the Company or such parties, or by law enforcement authorities.
However, we do not commit to pre-screening all content before its publication on the Site and cannot guarantee the immediate removal of objectionable material once it has been posted. Therefore, we disclaim any liability for any actions or inactions concerning transmissions, communications, or content supplied by any User or third party. We bear no liability or obligation to any party for the execution or non-execution of the actions outlined in this section.
We uphold the intellectual property rights of others. If you are a copyright owner or an authorized representative and believe that any User Content displayed on our Site infringes upon your copyright or other intellectual property rights, please inform us by providing the following details:
1. Your address, telephone number, and email address.
2. A description of the copyrighted work that you allege has been infringed.
3. Details on the location of the purportedly infringing material on our Site.
4. A declaration from you stating that you have a legitimate belief that the contested use is not authorized by you, the copyright holder, its representatives, or is not permitted by applicable law.
5. An electronic or physical signature of the individual authorized to act on behalf of the copyright holder.
6. A statement from you affirming the accuracy of the above information and confirming that you are the copyright owner or have the authority to act on behalf of the copyright owner.
Failure to provide us with notice in accordance with the terms outlined above may result in your notice being deemed invalid.
Please direct your notice to (privacy@esoteric mail link). For all other inquiries or complaints, kindly address them to our customer service department.
The information provided on or through the Site is intended solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is entirely at your own risk. We hereby disclaim all liability and responsibility for any reliance placed on such materials by you, any other visitor to the Site, or by any individual who may be informed of any of its contents.
The Site may feature links to third-party materials, websites, or services that are not owned or controlled by Esoteric POV , and certain functionalities of the Site may necessitate integration with or your utilization of third-party services. By utilizing a third-party service, you are bound by and agree to the terms of service and privacy policy of the third party, which are accessible on their respective platforms. We do not endorse or assume any responsibility for any third-party websites, information, materials, products, or services. Should you access a third-party website or service from our platform or share your User Content on or through any third-party platform, you do so at your own risk. Please be aware that this Agreement and our Privacy Policy do not extend to your usage of such services or websites. You explicitly release Esoteric POV from any and all liability arising from your utilization of any third-party website, service, or content, including, but not limited to, User Content submitted by other users.
We reserve the right to periodically update the content on this Website; however, the information provided may not always be comprehensive or current. It is possible that certain material on the Site may be outdated at any given moment, and we are not obligated to update such material.
We reserve the right to periodically update the content on this Website; however, the information provided may not always be comprehensive or current. It is possible that certain material on the Site may be outdated at any given moment, and we are not obligated to update such material.
You are permitted to link to our homepage, provided that you do so in a fair and legal manner that does not harm our reputation or exploit it. However, you must refrain from establishing a link in a manner that implies any form of association, approval, or endorsement on our part without our explicit consent.
This Website offers specific social media features that allow you to:
1. Link from your own or specific third-party websites to particular content on this Website.
2. Send emails or other communications containing specific content or links to specific content on this Website.
3. Display limited portions of content from this Website on your own or designated third-party websites.
You are authorized to utilize these features exclusively as provided by us, and solely in relation to the content they are associated with, and in compliance with any additional terms and conditions we provide regarding such features. With the foregoing in mind, you are prohibited from:
1. Establishing a link from any website not owned by you.
2. Displaying the Site or portions of it on, or making it appear on, any other site, such as through framing, deep linking, or in-line linking.
3. Linking to any part of the Site other than the homepage.
4. Taking any action regarding the materials on this Website that contradicts any other provision of these Terms of Use.
The website from which you link, or where you provide access to our content, must fully adhere to the Content Standards outlined in these Terms of Use.
We retain the right to revoke linking permission without prior notice.
We reserve the right to deactivate all or specific social media features and links at our discretion, without notice, at any time.
If the Site includes links to other sites and resources provided by third parties, these links are furnished solely for your convenience. This encompasses links embedded in advertisements, including banner advertisements and sponsored links. We do not have authority over the contents of those sites or resources, and we disclaim any responsibility for them or for any loss or damage that may result from your utilization of them. Should you choose to access any third-party websites linked to this Website, you do so entirely at your own risk and are subject to the terms and conditions of use governing such websites.
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