Terms of Use

How to Use 12ozProphet.com
Effective November 6, 2011

Welcome to 12ozPROPHET.com ("Site"). Please review the following basic terms that govern your use of, and purchase of products from, our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the “Agreement").

GENERAL We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed.

We may change, move or delete portions of, or may add to, our Site from time to time.

SITE CONTENT Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the “Content") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled and/or licensed by AKANYC LLC, and its subsidiaries and/or affiliates ("12ozPROPHET"). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by 12ozPROPHET.

The Content of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, the Site, or any related software.

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to 12ozPROPHET on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments") shall be and remain 12ozPROPHET’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to 12ozPROPHET of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, 12ozPROPHET will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. 12ozPROPHET is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

You agree that 12ozPROPHET may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that 12ozPROPHET may use your information for marketing and promotional purposes.

12ozPROPHET’S COMMUNICATIONS TO YOU You agree that 12ozPROPHET may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of 12ozPROPHET’s products or services, or for such other purpose(s) as 12ozPROPHET deems appropriate.

COLORS We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

LINKS TO OTHER WEB SITES AND SERVICES To the extent that this Site contains links to outside services and resources, the availability and content of which 12ozPROPHET does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

INACCURACY DISCLAIMER From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to products, pricing, news, or updates. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

INDEMNIFICATION You agree to defend, indemnify and hold 12ozPROPHET harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

MISCELLANEOUS Unless otherwise specified and except to the extent 12ozPROPHET products are offered for sale in the United States through this Site, this Site and the Content thereof are displayed solely for the purpose of promoting 12ozPROPHET’s products and services available in the United States and select foreign markets. This Site is controlled and operated by 12ozPROPHET from its offices in Miami, Florida.

This Agreement shall be construed in accordance with Florida laws, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the City of New York, Borough of Manhattan.

TERMINATION This Agreement is effective unless and until terminated by either you or 12ozPROPHET. You may terminate this Agreement at any time. 12ozPROPHET also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in 12ozPROPHET’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or 12ozPROPHET, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

DISCLAIMER THIS SITE AND ALL CONTENT OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT 12ozPROPHET SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.