Terms & Conditions

Terms & Conditions

IMPORTANT LEGAL INFORMATION: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. THESE TERMS AND CONDITIONS APPLY TO ALL VISITORS TO OR USERS OF THE TAMIKAS.US WEB SITE, THE HOME PAGE OF WHICH IS AT WWW.TAMIKAS.US and/or ANY TAMIKA'S ONLINE CHANNEL/WEBSITE WHERE THESE TERMS AND CONDITIONS ARE LINKED, SUCH AS TAMIKAS.US MICROSITES; SISTER COMPANIES, SOCIAL MEDIA SITES, FOR EXAMPLE ON FACEBOOK, TWITTER OR YOUTUBE; AND MOBILE SITES OF TAMIKAS.US THAT DISPLAY OR LINK TO THESE TERMS AND CONDITIONS (EACH OF THESE REFERRED TO INDIVIDUALLY AS A "SITE"). YOUR USE OF THIS SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.

  1. Copyright Notice and Use of Site.

The design of this Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Site are protected by U.S. and international copyright, trademark and other laws and treaties and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The software and other technology components of this Site and the Site as a compilation are Go Daddy, Inc. or its affiliates and suppliers. The contents (including without limitation, the look and feel, all text, photographs, images, video and audio) of this Site are  TAMIKAS.US, independently and wholly owned by Tamika Simmons or its respective affiliates (collectively, "we") and suppliers. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Site. Any unauthorized use of any such information or materials may violate U.S. and/or international copyright laws, trademark laws, treaties, laws of privacy and publicity, and other laws and regulations and is prohibited. In the event of a violation of these laws and regulations, TAMIKAS reserves the right to seek all remedies available by law and in equity. TAMIKAS reserves the right to block or deny access to the Site to anyone at any time for any reason.

  1. Trademarks.

TAMIKAS retains all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of TAMIKAS and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Site. Your misuse of the trademarks displayed on the Site is strictly prohibited. You are also advised that TAMIKAS will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

  1. User Information.

Other than personally identifiable information, which is subject to this Site's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Site in any manner, including without limitation those submitted through product reviews, Customer Conversations or Stories, (all of this collectively, "User Communications") is and will be considered non-confidential and non-proprietary. In exchange for the opportunity to submit User Communications, you grant to TAMIKAS an unrestricted, non-exclusive, perpetual, royalty-free, worldwide, transferable and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, prepare derivative works from, perform, market, distribute, exhibit, broadcast, or otherwise exploit the User Communications, in whole or in part, whether in connection with the submitted User Communications or not, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the Internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes, without any payment to, or further authorization by you. You further grant to TAMIKAS the unrestricted, irrevocable right, but not the obligation, to use your name, photograph, picture, likeness, moving image, voice, and biographical material and that of others contained in your User Communications, whether in their original form as submitted, or as lifted or reproduced by TAMIKAS, in perpetuity throughout the world. We may, but are not obligated to, monitor or review any User Communications and may remove User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under U.S. or international laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable. If you are accessing and using this Site on someone else's behalf, you represent that you have the authority to bind that person as a principal to all terms and conditions provided herein and you agree to accept liability for harm caused by that person's wrongful use of the Site.

  1. Content.

TAMIKAS does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or through User Communications contained on this Site (collectively, "Content"). Any Content placed online, including advice, opinions and stories, are the views and responsibility of those who post the Content and do not necessarily represent the views of TAMIKAS.

  1. Products and Specifications.

All features, content, specifications, products and prices of products and services described or depicted on this Site, are subject to change at any time without notice. TAMIAKS does not guarantee or affirm individual results of personal health, wellness or appearance expectations or improvements with the use of any products sold on TAMIKAS.US.  Proper care of products after sale and use is the sole responsibility of the buyer. No products sold here are to be considered as medicine or medicinal treatments for any ailment, disease or otherwise categorized body or mind condition. These products are not to be used instead of prescribed or otherwise recommended treatments by licensed clinical professionals. All products should be used within 5 years of purchase, 10 if kept in a cool, dry place unopened.

Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. TAMIKAS makes all reasonable efforts to accurately display the attributes of its products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. All DVDs, online media and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.

  1. Shipping Limitations.

When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, it may be necessary for you to file claims with carriers for damaged and/or lost shipments.

  1. Accuracy of Information.

We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site. For example, products included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse fulfillment of orders to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

  1. Linking to this Site.

Creating or maintaining any link from another web Site to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rule and regulations.

  1. Special Notice:

TAMIKAS and its affiliates have a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any page on this Site is prohibited absent express written permission from TAMIKAS. Framing, inline linking or other association of this Site or its or its suppliers software or HTML code, scripts, text, artwork, photographs, images, video, and audio with links, advertisements and/or other information not originating from the BathandBodyWorks.com Web site is expressly prohibited.

  1. Third Party Links.

Periodically, links may be established from this Site to one or more external web sites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may, with our written permission, provide links to this Site. None of these links should be deemed to imply that TAMIKAS endorses the Third Party Sites or any content therein. TAMIKAS does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Site is at your own risk and TAMIKAS will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

  1. Patents.

One or more patents may apply to this Website, including without limitation: U.S. Patent Nos. pending.

  1. Your Account.

You may choose to create an Account at our Site. If you do, you will have an email address and password for your account. To protect your Account, you should choose a username and password different than names, birthdays, or street addresses associated with you.. You area responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your Account or password.

  1. DISCLAIMERS.

YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER TAMIKAS, ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS SITE MAY BE OUT OF DATE, AND NEITHER TAMIKAS, ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

  1. LIMITATIONS OF LIABILITY.

Neither TAMIKAS nor its suppliers assumes any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Site, or your downloading of any information or materials from this Site. IN NO EVENT WILL TAMIKAS, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS SITE OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATIONS OF LIABILITY.



IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS SITE.

  1. Revisions to these Terms and Conditions.

These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Site. Your continued use of this Site after any changes to these terms and conditions are posted will be considered acceptance of those changes.

  1. Choice of Law; Jurisdiction.

These Terms and Conditions supersede any other agreement between you and TAMIKAS to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Ohio , without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Site will be brought only in the courts of the State of Ohio or the United States District Court for the Southern District of Ohio. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  1. Termination.

You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.

NOTICE FOR COPYRIGHT INFRINGEMENT

TAMIKAS.US ("TAMIKAS") does not permit copyright infringing activities on this Site, and TAMIKAS may remove any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication posted in any manner to this Site by users of the Site, including without limitation those submitted through services through this website, such as product reviews, Customer Conversations or Stories, (all of this collectively, "User Communications") if properly informed that any such User Communications infringe on another's copyright rights. TAMIKAS will terminate the ability to submit User Communications if, under appropriate circumstances, a person submitting User Communications to this Site is determined to be a repeat infringer.

If you are a copyright owner or an agent for such owner and believe that any User Communications or material posted on this website by third parties infringes upon your copyrights, you may notify TAMIKAS by providing the following information in writing:

1.     A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;

2.     Identification of the location where the original or an authorized copy of the copyrighted work exists;

3.     Identification of the User Communication(s) or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit TAMIKAS to locate the same;

4.     Information reasonably sufficient to permit TAMIKAS to contact you, such as an address, telephone number, and, if available, an email address;

5.     A statement that you have a good faith belief that use of the User Communication(s) or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6.     A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

Our agent for notice of claims of copyright infringement can be reached as follows:

By Email:    CONTENT@EYERELAY.COM

PRIVACY

We Respect Your Privacy

This Policy explains when and why we collect information about people who visit our websites or web application through www.tamikas.us, www.eyerelay.com or www.listennow.live - how we use it, the conditions under which we may disclose it to others and how we keep it secure.

We may change this Policy from time to time so please check this page occasionally to ensure that you’re happy with any changes. By using our website or web application, you’re agreeing to be bound by this Policy.

Any questions regarding this Policy and our privacy practices should be sent by email through the email form on our website www.listennow.live.

What Personal Data Do We Collect?

Personal Data You Provide to Us Voluntarily – We collect information about you that you voluntarily provide to us when you: (i) contact us to learn more about Listen Now Radio, Subscribe to a mailing list or other opportunities you indicate are of interest at the time; (ii) access or use Listen Now Radio's Services; or (iii) contact customer service. This information may include, for example, your name, business name, and any other information that you choose to provide to us when you comment on materials on our Listen Now Radio Services, in order to contact you as a potential customer, or respond to a support request. This also includes technical data, such as IP addresses and device identifiers that are commonly generated in establishing a connection with the Listen Now Radio Services. Payment information collected is processed securely by our Payment processor and is not stored in Listen Now Radio's databases. This is bound by our processors privacy policy and will not be passed on to third parties under any circumstances.

Other Data - By using the Listen Now Radio services we may store information about what pages have been visited and when. This is to help us improve the usability of our services.

Retention – We collect and retain Personal Data submitted to Listen Now Radio in an identifiable format for the amount of time necessary to meet your request or fulfil our legal or regulatory obligations, unless it is in our legitimate business interests and not prohibited by law to maintain the Personal Data for longer periods.

 

How Do We Process Personal Data?

We may use information for our legitimate interests, namely:

  • To operate the Listen Now Radio Services, including how we contact and communicate with you when you reach out to us to ask us about our Listen Now Radio Services.

  • To manage everyday business needs.

  • To analyze or improve the Listen Now Radio Services or additional products or services.

  • To protect the Listen Now Radio Services and the rights of Users and others to enforce the terms of the Listen Now Radio Services.

  • To comply with our obligations, including to comply with all applicable laws and regulations.

  • To send you promotional materials from us or on behalf of our affiliates and business partners if you have consented to the receipt of such materials.

Who Has Access to Your Information?

Under no circumstances will we directly disclose or sell your personal information to any third party without your prior permission. We are strongly against any form of internet 'spam' and keep all collected information strictly confidential in accordance with the General Data Protection Regulations (GDPR).

We will not sell or provide your information to third parties for marketing purposes.

Third Party Services Working on Our Behalf

We may pass your information to our third-party service providers, or other associated organizations for the purposes of completing tasks and providing services to you on our behalf (for example processing payments and providing sales/technical support). However, when we use third party service providers, we disclose only the personal information that is necessary to deliver the service and we have a contract in place that requires them to keep your information secure and not to use it for their own direct marketing purposes.

Please be reassured that we will not release your information to third parties beyond the Listen Now Radio network for them to use for their own direct marketing purposes, unless you have requested us to do so, or we are required to do so by law, for example, by a court order or for the purposes of prevention of fraud or other crime.

When you are using our secure online payment system, your payment is processed by a third-party processor, who specializes in the secure online capture and processing of credit/debit card and PayPal transactions. If you have any questions regarding secure transactions, please contact us.

Listen Now Radio's infrastructure is managed by multiple service providers (For example, Amazon Web Services). However, they do not have access to any personal information and are prohibited to selling or passing on any stored data.

Security and Your Data

We take data security very seriously. Our databases are backed up regularly, and any data collected from you is sent over an encrypted SSL secure connection. Security of our data is important to us and we take every possible reasonable measure to prevent against loss, damage, theft or misuse where possible.

Any data processed by one of the third parties working on our behalf is also sent over an encrypted SSL connection. Third parties are contracted to provide a high level of security on their systems.

Use of Cookies

Like many other websites, the Listen Now Radio website uses cookies. 'Cookies' are small pieces of information sent by an organization to your computer and stored on your hard drive to allow that website to recognize you when you visit. They collect statistical data about your browsing actions and patterns and do not identify you as an individual. For example, we use cookies to store your login preferences. This helps us to improve our website and deliver a better more personalized service.

It is possible to switch off cookies by setting your browser preferences. For more information on how to switch off cookies on your computer, visit our full cookies policy. Turning cookies of may result in a loss of functionality when using our website.

Links to Other Websites

Our websites’ help center and web applications may contain links to other websites run by other organizations. This privacy policy applies only to our services‚ so we encourage you to read the privacy statements on the other websites you visit. We cannot be responsible for the privacy policies and practices of other sites even if you access them using links from our website. In addition, if you linked to our website from a third party site, we cannot be responsible for the privacy policies and practices of the owners and operators of that third party site and recommend that you check the policy of that third party site.

Transferring Your Information Outside of Europe

As part of the services offered to you through this website, the information which you provide to us may be transferred to countries outside the European Union (“EU”). By way of example, this may happen if any of our servers are from time to time located in a country outside of the EU. These countries may not have similar data protection laws to the UK. By submitting your personal data, you’re agreeing to this transfer, storing or processing. If we transfer your information outside of the EU in this way, we will take steps to ensure that appropriate security measures are taken with the aim of ensuring that your privacy rights continue to be protected as outlined in this Policy. If you use our services while you are outside the EU, your information may be transferred outside the EU to provide you with those services.

Website Recording

Our web application and website use Analytics services provided by Google Analytics and Heap. Information collected from these services is entirely anonymous. Only general information is captured (For example, the type of browser or operating system you are using, screen resolution and which parts of the site you interact with). No form data is captured or read by these services. We use website recording services to improve our services’ usability and see how visitors interact with features and pages.

Legal

Listen Now Radio is registered owned and operated by Tamika’s, in the United States, governed by New York State laws.

All customer data is handled sensitively by members of our team and physical access to our offices is highly restricted to authorized personnel only.

Listen Now Radio reserves the right to make alterations to this document whenever we deem reasonable. It is the client’s sole responsibility to check this document for updates on a regular basis.

What Are Your Rights?

If at any point you believe the information, we process on you is incorrect you can request to see this information and even have it corrected or deleted.

Please be aware, to remove any of your data this may prevent us from providing services to you and could result in the closure of your account.

If you have any concerns regarding the data we hold on you, please contact us by using the contact form on the website www.listennow.live, or www.eyerelay.com.