Terms of Use

PhilPierick.com owns and operates this Site to provide online access to information about PhilPierick.com and the products and services we provide.

PLEASE READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEB SITE OR DOWNLOAD ANY IMAGE(S). This is a legal agreement between you and Web Name. You agree to be bound by the terms of this agreement. If you do not agree, discontinue using this web site.

PhilPierick.com reserves the right to alter, modify or update these terms of use at any time and you agree to be bound by such modifications, alterations or updates.

  1. Use of Site

You may use the Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations, software content and the general design on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Web Name products and services.

Content available on PhilPierick.com is NOT FREE and is not in the public domain. While PhilPierick.com encourages viewers to browse through the content available on the Site, the content is intended primarily to give a preview of what you would receive should you purchase the Content.

No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. PhilPierick.com reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, perform, transmit, or derive another work from any Content obtained from the Site, except as expressly permitted by the Terms of Use.

Purchasing and obtaining a lawful recording of music or a print of any of the images from PhilPierick.com does NOT transfer any intellectual property rights to you. Having lawful possession of the Content does NOT authorize the copying, duplication, re-distribution, performance or modification of the Content in whole or in part.

  1. Copyright

The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to PhilPierick.com or its partners, affiliate, contributors or third parties. The copyrights in the Content are owned by Web Name or other copyright owners who have authorized their use on the Site.

  1. Links to Third-Party Web Sites

This website may include links to third party Web service providers for online payment processing or other services. These links are provided solely as a convenience to you and do not constitute or imply an endorsement, sponsorship, or recommendation by PhilPierick.com of the third party, the third-party web site, or the information contained therein. We are not responsible for the availability of any such web sites and are not responsible or liable for any such web site or the content thereon. If you use any of the links, you will also be bound by the terms of use and any privacy policies of that web site.

  1. Downloading Files

PhilPierick.com cannot and does not guarantee or warrant that any Content available on the Site available for download will be free of infection by software viruses or other harmful computer code, files or programs.

  1. Disclaimer of Warranties

THIS WEBSITE AND ITS CONTENT AND ANY ITEMS SOLD ON THIS WEBSITE ARE PROVIDED “AS IS” AND PhilPierick.com EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. PhilPierick.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT PhilPierick.com, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. PhilPierick.com uses reasonable efforts to ensure the accuracy, correctness and reliability of the content, but we make no representations or warranties as to the content’s accuracy, correctness or reliability.

  1. Limitation of Liability

Except as specifically stated in these Terms of Use or elsewhere on this website, or as otherwise required by applicable law, neither PhilPierick.com nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the content whether or not we have been advised of the possibility of such damages.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. In no event shall PhilPierick.com’s liability exceed $50.00.

  1. Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless PhilPierick.com from and against all claims, losses, expenses, damages and costs (including, but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, or the Content, or any violation by you of this Agreement.

  1. User Conduct

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you.

  1. Security
    1. Privacy Policy

PhilPierick.com is committed to keeping your information private. In order to make a purchase online, PhilPierick.com will requests that you submit personal information such as your name, address, and payment information. This information is used for very limited purposes and will never be sold, granted or licensed to any third party. The limited uses PhilPierick.com has for your information include order processing, statistical and historical study, and a means for contacting you for purposes related to the purchase and use of the Content.

    1. Children’s Privacy

PhilPierick.com does not knowingly permit children under the age of 13 to submit their personal information on this Site, or to buy goods on this Site without the express consent of their parents.

  1. General Provisions
    1. Entire Agreement/No Waiver

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by PhilPierick.com of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

    1. Correction of Errors and Inaccuracies

The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. PhilPierick.com therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. PhilPierick.com, however does not guarantee that any errors, inaccuracies or omissions will be corrected.

    1. Enforcement and Choice of Law or Forum

If any part of this Agreement is determined to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement will be interpreted in accordance with the laws of the State of New York, without regard to any conflict of laws provisions.

    1. Notification of Copyright Infringement

Notifications of claimed copyright infringement should be sent via the contact form. To be effective, the notification must identify the material and the location of the infringing material, and some information that PhilPierick.com may use to contact the notifying person.