Terms and Conditions

All images and content are copyright 5thNation.com, a member of the 5thNation Alliance. All rights reserved. No images on this site may be reproduced without the expressed written consent of 5thNation.com. Use without permission is strictly prohibited. All materials published on this site are property of 5thNation.com. Photography by Deangelo Gloriani. All models appearing on this site were at least 18 years old at the time of the photography/performance. We comply with 18 U.S.C. 2257 Statement.

By accessing, browsing, shopping and/or using the pages in this Site, you agree to these terms and conditions (“Terms and Conditions”) and you attest that you are at least 18 years of age. This agreement contains disclaimers and other provisions that limit our liability. If you do not agree to these Terms and Conditions, do not access, browse or use this Site. 5thNation.com may change these terms and conditions at any time; accordingly, you should review these terms and conditions each time you view the site. Your continued use of this site signifies that you agree to be bound by these terms and conditions, as they are amended.

COPYRIGHT, TRADEMARKS AND SERVICE MARKS

Unless otherwise noted, all materials on this Site are protected as the copyrights, trademarks and/or other intellectual property owned by 5thNation.com or by other parties that have licensed their material to 5thNation.com. You may not reproduce, redistribute or otherwise use any materials without the express written consent of 5thNation.com.

YOUR USE OF INFORMATION

5thNation.com grants you a limited non-exclusive license to access and make personal use of this Site. This license does not include:

  • any resale or commercial use of this site or its contents
  • any collection and use of any product listings, descriptions, or prices
  • any derivative use of this site or its contents
  • any downloading or copying of account information for the benefit of another merchant
  • any ability to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this Site in any way
  • any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of 5thNation.com without express written consent
  • any use of meta tags or any other “hidden text” utilizing 5thNation.com’s name or trademarks without the express written consent of 5thNation.com
  • any use of data mining, robots, or similar data gathering and extraction tools

UNAUTHORIZED USE

Any unauthorized use terminates the permission or license granted by 5thNation.com. You agree you are and shall remain solely responsible for the contents of any submissions you make, and you will not submit material that:

  • Is unlawful, defamatory, abusive, obscene, or otherwise injurious to third parties
  • Is objectionable and/or consisting of or containing software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
  • Uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin the content.
  • Violates any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).

INDEMNIFICATION

You agree to defend, indemnify, and hold 5thNation.com and the 5thNation Alliance, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from
(1) your breach of these terms and conditions or
(2) your unauthorized or unlawful use of this web site.

CONTENT AND SUBMISSIONS

5thNation.com reserves the right (but not the obligation) to remove or edit any content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant 5thNation.com a nonexclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content. You grant 5thNation.com the right to use the name that you submit in connection with such content. 5thNation.com takes no responsibility and assumes no liability for any content posted by you or any third party.

All prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States. 5thNation.com reserves the right without prior notice to discontinue or change specifications on products and services offered on this Site without incurring any obligations. All items purchased from 5thNation.com 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 to the carrier. 5thNation.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free, despite our best attempts at accuracy. If a product offered by 5thNation.com itself is not as described, your sole remedy is to return it in unused condition. 5thNation.com cannot confirm the price of an item until you order. If an item is incorrectly priced, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

LINKS

5thNation.com provides links, also known as hyperlinks to other non-affiliated companies through its web site. Use of these links is At Your Own Risk. 5thNation.com makes no representations or warranties about any third-party web sites that you may access through the links. By providing a link to those web sites, 5thNation.com does not endorse, adopt or otherwise accept any responsibility for the content or accuracy of use of those third-party web site(s) or their security and privacy policies and procedures. You hereby waive any and all claims you may have against 5thNation.com regarding our inclusion of such links to third party web sites or your use of those web sites.

PERSONAL INFORMATION

For an explanation of 5thNation.com practices and policies related to the collection, use and storage of personal information, please read our Privacy Policy.

NO WARRANTY

Except as otherwise expressly stated with respect to our products, all contents of the Site are offered on an “as is” basis without any warranty whatsoever either expressed or implied. 5thNation.com makes no representations, express or implied, including without limitation implied warranties of fitness for a particular purpose. Use of this web site and its contents are at the user’s sole risk.

5thNation.com does not guarantee that the functions contained in the Site will be uninterrupted or error-free, that this Site or its server will be free of viruses or other harmful components, or that defects will be corrected even if 5thNation.com is aware of them.

LIMITATION OF LIABILITY

In no circumstance will 5thNation.com or its licensors or suppliers be liable for any damages, losses or expenses, whatsoever, of any kind, including, without limitation, special incidental, or consequential damages, losses or expenses arising in relation with this site or any linked site or use thereof or inability to use by any party, or in connection with any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or online system failure, regardless if 5thNation.com or representatives thereof, are advised of the possibility of such damages, losses or expenses.

GOVERNING LAW

Any dispute arising from these terms shall be governed by and construed in accordance with the law of the State of California, without regard to the conflict of laws thereof, and to the laws of the United States. You and 5thNation.com also agree and hereby submit to the exclusive personal jurisdiction and venue in the state and federal courts of the State of California with respect to such matters. 5thNation.com makes no representation that materials in this Site are appropriate or available for use in other locations. Those who choose to access this web site from outside the United States do so on their own initiative and are responsible for compliance with all applicable laws.

AFFILIATE LINKS

Our website may contain affiliate marketing links, which means we may get paid commission on sales of those products or services we write about. Our editorial content is not influenced by advertisers or affiliate partnerships. This disclosure is provided in accordance with the Federal Trade Commission’s 16 CFR § 255.5: Guides Concerning the Use of Endorsements and Testimonials in Advertising.