Terms & Conditions
TERMS OF USAGE
IMPORTANT! PLEASE READ CAREFULLY
This website is operated, in whole or in part, from the United States. By using any of the Case Sites, regardless of where you live in the world, you consent to have any personal data you submit to any Site transferred to and processed in the United States. Case does not collect or use personally identifiable information from persons located outside the United States. Case does not ship products to consumers located in any foreign country. Case reserves the right to refuse shipment of any product for any reason or no reason.
GENERAL TERMS OF SERVICE
- CASE SITES CONTENT AND USER SUBMISSIONS
- USER GENERATED CONTENT, PRODUCT REVIEWS AND DISCUSSIONS
- TERMS FOR THE ONLINE STORE
- PERSONALIZED KNIVES - USA CONSUMERS ONLY
- ACCESS AND AVAILABILITY OF SERVICES AND LINKS
- LIMITATION OF LIABILITY
- SYSTEM INTEGRITY
- TERMINATION OF USE
- LEGAL STATEMENT
- COPYRIGHT NOTICE
- TRADEMARK NOTICE
1. CASE SITES CONTENT AND USER SUBMISSIONS
1.1 The contents of the Case Sites are intended for the personal use of its users. All materials published on the Sites (including, but not limited to information, articles, photographs, images, illustrations, product descriptions, audio clips and video clips (collectively, the "Content") are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by Case or the party credited as the provider of such Content, software or other materials. You must abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Sites.
1.2. The Sites are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as may otherwise be set forth in Section 1 of these Terms, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials of any Site in whole or in part.
1.3 Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Case, or the copyright holder identified in the individual Content's proprietary rights notices. For the avoidance of doubt, including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted.
1.6 If you believe that the content of any Submission provided by you, or any Content appearing on a Site, has been used on a Site in a manner that constitutes copyright infringement, please provide our General Counsel with a written notice (email is sufficient) that includes the following information: an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. The email address is email@example.com.
Our Copyright Agent for notice of claims of copyright infringement on this Site is:
W.R. Case & Sons Cutlery Company
Attention: General Counsel
33 Barbour Street
Bradford, PA 16701
Fax: (814) 363-2691
Telephone: (814) 368-2700
2. USER GENERATED CONTENT, PRODUCT REVIEWS AND DISCUSSIONS
2.1 The Sites may make available product reviews and surveys. You shall not upload to, or distribute or otherwise publish in those sections any content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or which otherwise violates any law, rule or regulation. Please use good judgment and be respectful of other individuals using the product reviews and surveys. You agree not to use vulgar, abusive or hateful language. Product reviews and surveys within the Site are provided to give our users interesting and helpful information in which they may express opinions and share ideas concerning Case products and related matters. Case does not endorse the opinions placed in these product reviews and surveys.
2.2 The product reviews shall be used by you only in a noncommercial manner. You shall not, without the express approval of Case, use the product reviews to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services or to promote websites or online services that are competitive with Case and the Service.
2.3 While we do not and cannot review every message posted by users in the Product Reviews and are not responsible for the content of any of these messages, Case reserves the right to delete, move or edit messages that we, in our sole discretion, deem are in violation of the law (including trademark and copyright law), or these Terms of Service, or are abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of your messages. Case reserves the right to revoke a user’s Site privileges and access at any time for any reason or no reason.
General Rules for User-Generated Content
2.4 Guests of Case Sites are solely responsible for the content of messages they post in any Forum, blog, social media site or consumer review. Users should be aware that when they voluntarily disclose personal information (e.g., user name, email address, phone number) in the previously mentioned content pages and any social network pages where Case hosts a page or space like Facebook, Twitter, etc., that information can be collected and used by others for any reason.
2.5 Content is Not Prescreened
Case does not guarantee to prescreen User Generated Content. Case does not guarantee the website will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Case is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Even in the event Case chooses to monitor any User Generated Content, Case assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. Case reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.
2.6 Eligibility and Registration
2.7 Case's Rights to Your Posting
Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to Case a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, change, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
3. TERMS FOR THE ONLINE STORE
3.1 In addition to the provisions contained in these Terms, the following terms apply specifically to the online store, currently located at www.CaseKnives.com.
By placing an order, you certify that you are able to pay for the item(s) in your order.
- By placing an order on CaseKnives.com (or any other online store operated by Case, hereafter referred to as “CaseKnives.com”) you agree to be bound by the conditions of sale included in the item's description (including, without limitation, payment method and acceptable ship-to address).
- If you place an order for products on CaseKnives.com you are certifying that you are at least 18 years old or the applicable age of majority in the jurisdiction in which you reside and have the legal right to purchase such item.
- You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the online store and your purchase of items.
- You are responsible for the accuracy of any purchase placed online.
- We may reject your order at our discretion and reserve the right to cancel any order or refuse service to anyone at any time. If we cancel your order after we have charged you for your order, we will refund your credit card the amount charged as soon as practical.
- Due to Hazardous Goods regulations, we may not be able to ship certain merchandise to your address. For instance, we can only ship Case Honing Oil and other hazardous products by ground and therefore we can’t ship to Hawaii, other islands or Alaska. Case reserves the right to refuse shipment of any product for any reason or no reason.
- Case does not ship products to any consumer in any foreign country.
- We reserve the right to add and/or remove products on CaseKnives.com, for any reason, at any time.
- We reserve the right to limit quantities of items sold.
- You may not transfer or sell your User ID or account to another party.
Unless otherwise stated, all prices are quoted in U.S. Dollars.
Products available from any Site may be advertised on third party shopping websites. Case is not responsible for any information on such shopping websites, or for any differences which may exist between information found on such third party sites and information on any Site, including, but not limited to pricing information. In the event that a difference exists, information found the Site shall govern.
All purchases from any Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of the items to the carrier.
4. PERSONALIZED KNIVES - PRODUCT CUSTOMIZATION – USA CONSUMERS ONLY
a) These are Case’s guidelines for personalization intended to be placed on a Case knife or other product. Consumers that submit text for use by Case to create a personalized product (products may include knives, lighters, etc.) are responsible for making sure the proposed artwork complies with these Guidelines AND all applicable law. By submitting a personalized order, users are confirming the text is their intellectual property to use. Case does not knowingly accept any text that infringes another person’s intellectual property rights. If you believe that text on a Case knife infringes your intellectual property rights or those rights of another person or entity, please email us at: firstname.lastname@example.org .
b) QUESTIONABLE MATERIAL & PROHIBITED TEXT
The consumer takes full responsibility for any text presented to Case. Case reserves the right to review it to determine if (to the extent it is possible to do so), text that can be used without violation of some other person’s intellectual property rights or applicable law. However, the fact that we accept the text does not mean Case or any other person or entity excuses you from your obligation.
Text that appears to be acceptable for use will be accepted. Content that appears to be not acceptable will be rejected, subject to the consumer providing proof of right to use.
c) GENERAL GUIDELINES FOR PERSONALIZATION TEXT
Below are some general types of text that is not acceptable for decoration of Case products: Whether text is acceptable for application on a Case knife or other product is determined solely by Case. Summary of personalization that will not be acceptable:
- Text that may infringe the copyright of a third party
- Text that may infringe the trademark of a third party
- Text that infringes the Right of Publicity of a third party
- Names, logos, etc., or other intellectual property of musical groups or musical artists
- Sports teams names, logos or other intellectual property of colleges/universities, clubs, or organizations, such as New York Yankees, Real Madrid, Notre Dame, or a non-profit organization – e.g. the Red Cross
- Trademarks, names, or logos of companies. For example, you cannot use the name of a company such as Case or a company logo such as the Case logo
- Text depicting celebrities or other third parties
- Text that is obscene or vulgar, contains offensive remarks or harasses, threatens, defames or abuses others, or is racist or Nazi
- Text that depicts violence, is obscene, abusive, fraudulent or threatening
- Text that glamorizes drug use or alcohol abuse; or
- Material that is generally offensive or in bad taste, as determined by Case in its sole discretion
The list is not exhaustive. It is only a general guideline for you to consider when you submit artwork to Case.
If your personalization text is deemed by Case to be unacceptable, your full order will be cancelled and the authorization on your credit card for the order will be removed. If you paid with an eGift card, the order total will be returned to the balance of your eGift card.
Case inspects all personalized product ordered on any Site for manufacturing errors or product defects. If you believe there is a quality issue with your product, you may return it in as-new condition and in its original packaging for a full refund of the product purchase price. Understandably, personalized products cannot be accepted for return unless there is a manufacturing error or product defect. All refunds or exchanges must be made within 30 days of the ship date.
Case wants your personalized order to arrive just the way it was ordered by you. Please review your personalization information carefully before submitting your order. Case will not accept cancellations or changes to orders once they are placed as they are immediately sent to production. If you have purchased Case products from another online retailer or store, please contact that retailer directly for instructions.
5. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
5.1 A Site may contain links to other internet sites. Your selection of a link will redirect you off of the Case Site to a third party website. Interactions that occur between you and the third party website are strictly between you and such third party website and are not the responsibility of Case. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these linked sites. Case does not assume any liability or responsibility for the actions, product, availability or content of these outside websites. You should direct any concerns regarding any externally linked website to the administrator or webmaster of the third party website.
6. LIMITATION OF LIABILITY
6.1 NEITHER CASE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, ANY OF THE SITES, OR ANY OF THE MATERIALS PROVIDED BY Case OR THIRD PARTIES THROUGH ANY OF THE SITES OR THE SERVICES THEREON, OR ANY DAMAGE OR LOSS INTERRUPTION OF USE, DELETIONS OF FILES, ERRORS OR DEFECTS IN THE USERS SYSTEM, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF Case HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
6.2 To the fullest extent permissible under applicable law, W.R. Case & Sons Cutlery Company aggregate liability, and the aggregate liability of our subsidiaries, affiliates and officers, to you or any third party is limited to One Thousand U.S. Dollars ($1000).
7. SYSTEM INTEGRITY
You may not use any device, software, virus or routine to interfere or attempt to interfere with the proper working of any Site or any transaction conducted on such Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure relative to your use, which is non-commercial. You may not disclose or share your password with any third parties or use your password for any unauthorized service.
8. TERMINATION OF USE
8.1 Case may, in its sole discretion, terminate or suspend your access or refuse access at any time, without notice, to all or part of any of the Sites for any or no reason, including, without limitation, breach of these Terms or the infringement of copyrights owned by third parties.
8.2 Case, including, without limitation, its authorized agents and employees may terminate your use of any of the Sites without notice in the event that you breach any obligation in these Terms of Service, including but not limited to, (i) restricting, inhibiting or disrupting any Case event or (ii) attempting to alter or improperly access any feature or function of any of the Sites. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of any Site or any Case employee; post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate a Case employee or other individual.
9. LEGAL STATEMENT
9.1 These Terms have been made in and shall be construed and enforced in accordance with Pennsylvania and Federal law without regard to any conflict of law provisions. Case makes no representation that the Content on the Sites is appropriate for access outside of the United States. Those who choose to access the Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any action to enforce this Agreement shall be brought in the federal or state courts located in McKean County, Pennsylvania or the Federal Courts of the Western District of Pennsylvania.
9.2 Official correspondence must be sent via postal mail or express service to:
W.R. Case & Sons Cutlery Company
Attention: General Counsel
33 Barbour Street
Bradford, PA 16701
10. COPYRIGHT NOTICE
Copyright © 2018 W.R. Case & Sons Cutlery Company, All rights reserved. The material on the Sites may not be reproduced and may not be distributed, publicly performed or otherwise used in any manner, except with the prior express written permission of W.R. Case & Sons Cutlery Company.
11. TRADEMARK STATEMENT
CASE, CASE XX, TESTED XX, XX, and CASECOLLECTORSCLUB are registered trademarks of W.R. CASE & SONS CUTLERY COMPANY and/or used under license of CaseMark, Inc. in the U.S.A.
All Case products decorations are protected by copyright © W.R. Case & Sons Cutlery Company 2018. All Rights reserved.
No material found or located on the Case Sites may be, downloaded, framed, linked to, copied, reproduced or used in any other way in any media now existing or hereafter created without the prior written permission of Case.
You may write or fax the General Counsel of W.R. Case & Sons Cutlery Company at:
W.R. Case & Sons Cutlery Company
Attention: General Counsel
33 Barbour Street
Bradford, PA 16701
Fax: 814 363-2691