Conditions of Use

Welcome to this Anything But Common. Your access to and use of this Site, is offered to you subject to these Terms of Use, our Return Policy, our Privacy Policy, which is hereby incorporated by reference, Privacy Policy, and other notices posted on this Site. By accessing and using this Site, you signify your acceptance of these Terms of Use. Anything But Common may revise these Terms of Use without notice to you, and the revised Terms of Use will take effect as of the date of posting. You are bound by any revisions, and should visit this page periodically to review the current Terms of Use. We reserve the right to prohibit use of this Site by any user who, in our discretion, violates these Terms of Use.

Ownership of Intellectual Property

This Site and all of its content, including, without limitation, all text, graphics, and photographs accessed from or available on the Site (collectively, the “Products”), are the copyrighted works of Anything But Common. The trademarks on this Site are owned by Anything But Common. The trademarks of others that are referenced on this Site are used for identification purposes only. Nothing contained herein will constitute a grant of any license or right under any Materials, trademarks, or other intellectual property rights of Anything But Common, nor will it be construed as conferring any such license or right by implication, estoppel, implication by law, or otherwise.

Your Information

Any information that you transmit to or through the Site will be treated by Anything But Common in accordance with its Privacy Policy.

You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your password or account. You agree to notify Anything But Common immediately of any unauthorized use of your password or account, or any other security breach. You also agree to exit from your account at the end of each session. You acknowledge and agree that Anything But Common will not be liable for any loss arising from your failure to comply with this Paragraph. You agree that your account is non-transferable.

Disclaimer

THE SITE, THE PERFORMANCE OF THE SITE, AND ALL MATERIALS ACCESSED FROM OR AVAILABLE ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ANYTHING BUT COMMON HAS USED REASONABLE COMMERCIAL EFFORTS TO PROVIDE YOU WITH ACCURATE INFORMATION AND MATERIALS ON OUR SITE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY OF THE INFORMATION OR MATERIALS ACCESSED FROM OR AVAILABLE ON THIS SITE. ANYTHING BUT COMMON DISCLAIMS ALL LIABILITY RELATING TO THE USE OR INTERPRETATION OF ANY INFORMATION OR MATERIALS ACCESSED FROM OR AVAILABLE ON THE SITE, AND DECISIONS THAT ARE MADE BASED ON ANY SUCH INFORMATION OR MATERIALS ARE THE RESPONSIBILITY OF THE INDIVIDUAL. IN NO EVENT WILL ANYTHING BUT COMMON BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM THE USE OR THE PERFORMANCE OF THIS SITE, HOWEVER ARISING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Links to Third Party Sites

Links to other sites, as well as references to products and services offered by third parties, may be provided to you for convenience and do not constitute an endorsement or approval by us. We do not assume any liability for your use of any of the foregoing, which you acknowledge and agree will be at your own risk. You should be aware that such third party sites may collect data or solicit personal information from you. As we do not control such sites, we are not responsible for their privacy policies. We encourage you to review the legal and privacy policies of all third party sites.

Representation by User

You represent and warrant that you are at least eighteen years of age and that you possess the legal right and ability to legally obligate yourself to these Terms of Use. You represent and warrant that you will use this Site in accordance with these Terms of Use and all applicable laws.

General

These Terms of Use will be governed by the laws of the State of Virginia, without giving effect to any conflicts of laws principles. Any dispute arising out of or relating to these Terms of Use will be brought in a state or federal court located in the State of Virginia.

The Terms of Use constitutes the entire agreement between you and Anything But Common. It governs your use of the Site, and supersedes any prior or contemporaneous understandings or agreements between you and Anything But Common relating thereto. These Terms of Use may not be modified by you unless such modification is in writing and signed by an authorized officer of Anything But Common. The failure of Anything But Common to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision. If any provision of the Terms of Use is found to be invalid and/or unenforceable, the parties agree to give effect to the parties’ intentions as reflected in the provision, and furthermore, the other provisions of the Terms of Use will remain in full force and effect. These Terms of Use will not prejudice the statutory rights of any party. The headings in these Terms of Use are for convenience only and have no legal or contractual effect. You may not assign any rights or obligations under these Terms of Use.

Digital Millennium Copyright Act Notice

Users of this Site are required to honor the protection given to data copyright laws. We will, in appropriate circumstances and at our sole discretion, terminate use of this Site by any visitors who infringe on the intellectual property rights of others. If you believe that your work has been reproduced on or through this Site and that it constitutes copyright infringement, please provide written notice to our designated agent in accordance with the requirements of the Digital Millennium Copyright Act, 17 U.S.C. Section 512. Our designated agent is provided below. A notice of claimed copyright infringement by a “complaining party” must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is already infringed. 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. In other words, please provide us with a description of the copyrighted work or other intellectual property that you claim has been infringed. 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Root to locate the material. In other words, you must provide a description of where the material that you claim is infringing is located on the Site. 4. Information reasonably sufficient to permit Root to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. In other words, if you believe that you work has been copied in a way that violates your rights, please provide us with your address, telephone number, and e-mail address. 5. A statement that the complaining party has a good faith belief that use of the matter complained of is not authorized by the copyright owner, its agent, or the law. 6. A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We need a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner (or authorized to act on the intellectual property owner’s behalf).

Anything But Common’s designated agent for notice of claims of copyright infringement is Victoria Commons, who can be reached as follows:

By Mail: 516 Patrick Street, Portsmouth, VA 23707
By Phone: 757-392-7351
By Email: questions@anythingbutcommon.org