TERMS OF USE: TERMS & CONDITIONS

This website comprises various micro-sites, websites and pages operated by 5SD (hereinafter known as, the ‘website’ and/or ‘site’) including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.  Certain sections of or pages on this website may contain separate Terms and Conditions, which are in addition to these Terms and Conditions.  You should read those additional Terms and Conditions carefully.  By accessing such sections, sites or pages, you agree to be bound by those additional Terms and Conditions and that you represent that you are at least the age of majority in your national state, geographical location or place of residence, or that you are the age of majority in your national state, geographical location or place of residence and you have given us your consent to allow any of your minor dependents to use this website.  In the event of a conflict, those additional Terms and Conditions will govern for your use of those sections or pages.

Unauthorized use of the website and systems, including, but not limited to, unauthorized entry into website’s systems, misuse of passwords or misuse of any other information, is strictly prohibited.  You may not use this website in any manner that could damage, disable, overburden, or impair any 5SD site or service or interfere with any other party’s use and enjoyment of any 5SD site or service.  You may not attempt to gain unauthorized access to any 5SD site or service, computer systems or networks connected to any 5SD site or service, through hacking, password mining or any other means.  You agree that you will not engage in any activities related to this website that are contrary to applicable laws or regulations.  The information and materials on this website may contain typographical errors or inaccuracies.  5SD reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this website and to suspend and/or deny access to this website for scheduled or unscheduled maintenance, upgrades, improvement or corrections.  Any dated information is published as of its date only, and 5SD does not undertake any obligation or responsibility to update or amend any such information.  5SD may discontinue or change any product or service described in or offered on this website at any time.

Title – The headings, sub-headings used are included for convenience only and will not limit or otherwise affect the Terms and Conditions.

Accuracy, Completeness and Timeliness of Information – This website and/or its affiliated websites may contain certain historical information.  Historical information, necessarily, is not current and is provided for your reference only.  5SD reserves the right to modify the contents of the website, part, section or any pages hereof at any time, but has no obligation to update any information on the website.

Modifications to Terms and Conditions – Prices on display are subject to change without notice.  5SD reserves the right at any time to modify, replace or discontinue the Terms and Conditions (or any part or content thereof) without notice at any time.  5SD shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the website, part, section or any pages hereof at any time.

Products or Services – Products or services may be available exclusively online through the website and/or its affiliated websites.  5SD makes every effort to display as accurately as possible the colors, images, availability and/or descriptions of our products or services that appear on the website.  5SD cannot guarantee that the display on any of your viewing devices of any color will be accurate.  5SD reserves the right, but is not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction.  5SD reserves the right to limit the quantities of any products or services that the website offers.  All descriptions of products, services, product pricing or service pricing are subject to change at any time without notice, at the sole discretion of the management of 5SD.  5SD reserves the right to discontinue any product or service at any time.  Any offer for any product or service made on this website is void where prohibited.  5SD does 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 Terms and Conditions will be amended.  These products or services may have limited quantities and are subject to return, replacement or exchange only according to our Exchange, Replacement & Return Policy.

Online Advertisements Service – 5SD does not partner with nor has special relationships with any advertisements server companies other than companies affiliated with the website.  Linking to 5SD website is prohibited unless permission is explicitly granted.  Permission must be obtained from the Corporate & Legal Compliance department of 5SD.

Accuracy of Billing and Account Information – 5SD reserves 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.  These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.  In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address and/or phone number provided at the time the order was made.  We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.  You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.  You agree to promptly update your account and other information, including your email address and, if any, phone number, billing address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Links In, To & From 5SD and/or 5SD Affiliated Website(s) – This website may contain links to and be linked from third party websites.  These links are provided only as a convenience.  The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by 5SD of any information contained in any third party website.  In no event shall 5SD be responsible for the information contained on that site or your use of or inability to use such site.  You should also be aware that the Terms and Conditions of such site and the site’s privacy policy might be different from those applicable to your use of this website.  Linking to or framing of this website without prior written consent of 5SD is prohibited.

Product or Service from Third Party Links – Certain content, products and services available via 5SD may include materials from third parties.  The third party links on this website and/or its affiliated sites may direct you to third party websites that are not affiliated with 5SD.  We are not responsible for examining, assessing, evaluating, inspecting or approving the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials, websites, downloads, information or for any other materials, products, or services arising from third party links and/or third party websites.  In addition, we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites.  Kindly review carefully the third party policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third party products and services should be directed to those third party websites.

User Comments, Reviews, Feedback and Other Submissions – If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (hereinafter collectively known as, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.  We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.  We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Service.  You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right.  You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.  You may not use a false electronic mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.  You are solely responsible for any comments you make and their accuracy.  We take no responsibility and assume no liability for any comments posted by you or any third party.

Errors, Inaccuracies and Omissions – Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).  We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.  No specified update or refresh date applied in the Service or on any related website(s) should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses – In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.  We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Indemnification – You agree to indemnify, defend and hold harmless 5SD and/or our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Severability – In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination – The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.  These Terms of Service are effective unless and until terminated by either you or us.  You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.  If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement and Legal Notice – The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.  These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).  Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Choice of Law – This agreement forms part of the Legal Notice and shall be governed by and construed in accordance with the laws of England, without regard to conflicts of laws provisions.  If for any reason a court of competent jurisdiction finds any provision of this agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of this agreement shall continue in full force and effect.  This agreement constitutes the entire agreement between 5SD and you with respect to this site and it supersedes all prior or contemporaneous communications, agreements and understandings between 5SD and you with respect to the subject matter hereof.  A printed version of this agreement shall be admissible in judicial or administrative proceedings.  This website is controlled by 5SD and/or its affiliates from offices in North America, Europe, Asia and Pacific Rim.  Any claim in relation to the materials contained herein shall be governed by the law of England, and the English court shall have nonexclusive jurisdiction in relation to any such claim.  Your continued use of this website indicates your acceptance of these terms.

Contact Information – Any questions about the Service, Terms, Conditions or Terms of Service under Legal Notice should be directed to [email protected]* (* Note: Replace 5SD with 5STARSDAY.COM)