Terms & Conditions

Josh Rosebrook Content

Content on this Site that is provided by Josh Rosebrook, including certain art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing ("Josh Rosebrook Content") is the property of Josh Rosebrook, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You agree not to download, display or use any Josh Rosebrook Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Josh Rosebrook, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Josh Rosebrook, that dilutes the strength of Josh Rosebrook’s property, or that otherwise infringes Josh Rosebrook’s intellectual property rights. You further agree to in no other way misuse any Josh Rosebrook Content or User Content that appears on this Site.

Posting Policy

From time to time on certain areas of our Site you may be able to submit your name, photos, tips, advice, testimonials, essays/stories and certain other materials ("User Content").  By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Josh Rosebrook; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Josh Rosebrook, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site.  You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us (if any), or other access to the Site or features therein.  Josh Rosebrook may cancel your account and delete all User Content associated with your account (if any) at any time, and without notice, if Josh Rosebrook deems that you have violated these Terms, the law, or for any other reason.  Josh Rosebrook assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account. 

By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to Josh Rosebrook a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein.  You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

By posting on the Josh Rosebrook Facebook page, you acknowledge that when you post others users may share your posts, including images, through various social media platforms.

You agree to indemnify and hold Josh Rosebrook, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the Posting Policy, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Josh Rosebrook or this Site. 

You acknowledge and agree that Josh Rosebrook will not have any obligation to review, monitor, display, accept or exploit any User Content and Josh Rosebrook may, in its sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability. You will not receive any additional consideration or compensation for your User Content or for our exploitation of your User Content. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

JOSH ROSEBROOK DOES NOT ENDORSE THE USER CONTENT, IS NOT RESPONSIBLE FOR THE USER CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT PROVIDED THROUGH THIS SITE.

Reporting Violations of Your Copyrights and other Intellectual Property

If you are a trademark or copyright owner and you believe that your copyright or trademark rights have been violated by content posted on this Site, please contact Josh Rosebrook’s agent for notice of claims of copyright infringement, who can be reached at legal@joshrosebrook.com.  You must provide our agent with the following information:

1. a specific description of the material that you believe infringes your work, with enough detail so that we may locate it on the Site;
2. your address, telephone number and email address;
3. a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner;
5. and your physical or electronic signature. 

Upon receiving your complaint, Josh Rosebrook may remove the content that you allege is infringing your rights.

GRATITUDE REWARDS PROGRAM

Earning and Redeeming Loyalty Program Points

Under the Program, you earn two (2) points for Local level, three (3) points for Global level and four (4) points for Universal level in the Josh Rosebrook Gratitude Reward Program for every U.S. dollar spent on merchandise on the Josh Rosebrook® website.

Subject to the Termination provision of these Terms, points will expire if there is no account activity in 12 calendar months. Points may be redeemed for rewards to be determined by Josh Rosebrook® in its sole discretion; provided, however, that in order to redeem your points for any Reward, you must (1) accumulate a minimum number of points as established by Josh Rosebrook® and (2) make an additional purchase of merchandise from Josh Rosebrook® at the time that you redeem your points. Program members are able to redeem no more than one of each voucher per transaction. Program members cannot redeem more than 10 of any one unique voucher sku per year. Points have no cash value and can only be redeemed for Vouchers. Points are never redeemable for cash.

You are not required to redeem a Perk during checkout.

Exclusions and Limitations; Consumer Protection Notice

If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. In any event, Josh Rosebrook® reserves all rights, defenses and permissible limitations under the law of your State of residence. Notwithstanding the foregoing, nothing in this Section shall modify Subsection 22(B) (“Formal Resolution by Arbitration/Class Action Waiver”).