PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.  

 

TERMS OF USE 

thisisalice.com

Last Updated: August 19, 2019.

 

Acceptance of Terms.

The following terms and conditions govern all use of the thisisalice.com website (the Site), all of the materials, documents, text, images, graphics, animation, videos, software and other information and content included in or available at the Site (Content) and the services available at the Site (taken together with the Site and the Content, the Service).  The Service is owned and operated by This is Alice, Inc. (Alice).  The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Alice (collectively, the Terms of Use).

 

Conflicts.

If you are an Alice member with log in access to our Site, your use of the Service is subject to separate Member Terms.  In the event of a conflict between this Terms of Use and that Member Terms, the Member Terms will prevail.

 

Changes.

Alice reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time.  Upon any change in these Terms of Use, we will post the amended terms on the Site and/or provide notice in another manner. It is your responsibility to check the Terms of Use periodically for changes.  Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.  

 

Privacy.

Our current Privacy Policy is available at https://thisisalice.com/privacy-policy (Privacy Policy), which is hereby incorporated by this reference. Your acceptance of these Terms of Use constitutes your acceptance and agreement to be bound by the Privacy Policy.

 

Rules and Conduct.

The Service is provided for your personal use only. As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Alice. You agree to abide by all applicable local, state, national and international laws and regulations; and you agree not to provide Alice with any confidential or proprietary information that you desire or are required to keep secret. You, not Alice, remain solely responsible for all Content that you upload, email, transmit, or otherwise disseminate using, or in connection with the Service.  You understand and agree that we shall have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms of Use, and we may immediately terminate your access to the Service if you are found to be in violation of any such restriction.

Specifically, you represent, warrant, and agree that you will not use the Services or interact with the Services in a manner that:

  • Infringes or violates the intellectual property rights or any other rights of anyone else (including Alice);
  • Violates any law or regulation, including any applicable export control laws;
  • Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • Jeopardizes the security of anyone’s Alice account;
  • Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  • Violates the security of any computer network, or cracks any passwords or security encryption codes;
  • Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
  • “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  • Copies or stores any significant portion of the Content;
  • Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

Alice has no obligation to monitor the Service or any use thereof.  However, Alice reserves the right at all times and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental (including law enforcement) request.

 

Third Party Sites.

The Service may permit you to link to other websites on the Internet, and other websites may contain links to the Site.  These other websites are not under Alice’s control, and you acknowledge that Alice is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites.  The inclusion of any such link does not imply endorsement by Alice or any association with its operators.

 

Proprietary Rights.

You agree that the Site, Content and all other aspects of the Service are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.  Except as expressly authorized by Alice in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Service. 

 

No Warranties.

THE SITE, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.  ALICE, AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND CUSTOMERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.  YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

 

Limitation of Liability. 

IN NO EVENT SHALL ALICE (OR ITS AFFILIATES, LICENSORS, SUPPLIERS OR CUSTOMERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THESE TERMS OF USE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C)  INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (D) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF $100.  THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THESE TERMS OF USE AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

 

Indemnification.

You agree to defend, indemnify and hold harmless Alice, its affiliates, licensors, suppliers and customers, and their officers, directors, employees and representatives, from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Service.  Alice reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Alice in asserting any available defenses.

 

Dispute Resolution.

You and Alice agree that any claim or cause of action arising out of or related to the Service must be commenced within 1 year after the claim or cause of action arose.  Otherwise, such claim or cause of action is permanently barred.

The Terms of Use shall be governed by and construed in accordance with the laws of the state of New York, United States, excluding its conflicts of law rules.  In the event of any conflict between US and foreign laws, regulations and rules, US laws, regulations and rules shall govern.

Except that either party may seek an injunction or other equitable relief from any court of competent jurisdiction, all disputes between the parties arising out of or in relation to or in connection with the Terms of Use shall be settled by binding arbitration in accordance with the JAMS streamlined arbitration rules and procedures then in force, by one neutral arbitrator appointed in accordance with the rules.  The arbitration shall take place in New York, New York, United States.  The proceedings shall be in English, all evidence shall be in English (or translated into English) and the governing law shall be as set forth herein.  The arbitrator’s decision shall be in writing and shall comply with all terms and conditions in the applicable version of the Terms of Use.  The decision and award rendered shall be final and binding on both parties.  The parties acknowledge and agree that the Terms of Use and any award rendered pursuant hereto shall be governed by the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards.  Judgment on the award may be entered in any court of competent jurisdiction.

ANY ARBITRATION UNDER THESE TERMS OF USE WILL TAKE PLACE ONLY ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.  YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS OF USE, YOU AND ALICE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.

Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

 

 Termination.

Alice may terminate your access to all or any part of the Service at any time, with or without cause, effective upon notice thereof to you (provided that, if Alice determines there may be an immediate threat to Alice, it may terminate such access without notice).  Upon termination notice from Alice, you will no longer access (or attempt to access) the Service.  All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.

 

Text Messages.

By voluntarily providing your cell phone number to Alice, you agree that Alice may contact you by telephone, SMS, or MMS messages at that phone number, and you hereby consent to receiving such communications for transactional, operational, or informational purposes. You understand that such messages may be sent using an automatic telephone dialing system.

You may unsubscribe from receiving text messages from Alice at any time. To revoke your consent to receiving SMS or MMS messages please update your preferences in your account settings. Additionally, you may also receive text messages in response to certain customer care requests. To unsubscribe from customer care messages, just reply to the message by texting “STOP” to the number sending the message.

If you unsubscribe from receiving text messages from Alice through the process described above, you may continue to receive text messages for a short period while Alice processes your request(s). If you change or deactivate the phone number you provided to Alice, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive Alice standard SMS or MMS messages unless you also unsubscribe via the above procedures.

 

Miscellaneous.

If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. Alice may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by Alice, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and neither party has any authority of any kind to bind the other in any respect. All notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

 

Copyright and Trademark Notices.

Unless otherwise indicated, these Terms of Use and all Content provided by Alice are copyright © 2018-2019 Alice. All rights reserved. Alice and the Alice logos are marks of Alice. The names of companies and products mentioned at the Site may be the trademarks of their respective owners.

 

Contact.

If you have any questions regarding our Terms of Use or your dealings at this Site, please contact:

This is Alice, Inc.

195 Montague Street, 14th Floor

Brooklyn, NY 11201

 

Tel:     718-313-3486

Email:  support@thisisalice.com