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Welcome
to TheTShirtFactoryonline.com.
Before
you use the TheTShirtFactoryonline.com Web Site (the "Site"), please
read the following basic terms that govern your use of the Site. By using the
Site, you agree to follow and be bound by these terms (the "Agreement").
We may from time to time change the rules that govern your use of the Site.
Your use of the Site following any such change constitutes your agreement to
follow and be bound by the rules as changed. We may change, move or delete
portions of, or may add to, the Site from time to time including, but not
limited to, content and equipment and/or software needed for access or use.
Unless otherwise noted, all materials, including images, illustrations,
designs, icons, photographs, and written and other materials that are part of
the Site are copyrights, trademarks, trade dress and/or other intellectual
properties owned, controlled or licensed by TheTShirtFactoryonline.com. 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 TheTShirtFactoryonline.com.
All other trademarks, service marks, product names and company names or logos
appearing on the Site are the property of their respective owners. Any use of
such trademarks, service marks, product names and company names or logos,
including the reproduction, modification, distribution or republication of same
without the prior written permission of the owner of same, is strictly
prohibited.
The materials on the Site, and the Site as a whole, are intended solely for
personal, noncommercial use. You may download or copy the 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 materials on the Site, the Site as a whole, or any
related software without the prior written permission of
TheTShirtFactoryonline.com. Further, you may not frame any of the content,
deep-link to the Site, trespass or scrape the Site with automated agents
without prior written permission of TheTShirtFactoryonline.com.
You represent and warrant to TheTShirtFactoryonline.com that you have the
unrestricted right to use, copy and distribute each copyright, trademark,
service mark, trade name, logo, statement, graphic, artwork, name, photograph,
portrait, picture or illustration of any person or any other intellectual
property ("Material") in the way it is to be printed on or otherwise
applied to the products ordered by you. You warrant that, in obtaining the
Material and submitting it to TheTShirtFactoryonline.com for reproduction, you
have not violated or infringed on any trademarks, copyrights or other
intellectual property rights of any third party. You agree to indemnify and
hold TheTShirtFactoryonline.com, and its directors, officers, employees and
agents ("TheTShirtFactoryonline.com Parties") harmless from and
against any suit, demand, claim, loss, liability, damage or expense made
against or incurred by TheTShirtFactoryonline.com Parties by reason of breach
of this warranty, and you agree to pay any judgment or settlement offer
resulting from any suit, demand, or claim, and to pay any attorney's fees
incurred by TheTShirtFactoryonline.com Parties in defending against any such
suit, demand or claim.
The burden of determining that any Material is not protected by trademark,
service mark, copyright or other proprietary right rests with you. You are
solely responsible for obtaining proper permissions and licenses, except as may
be permitted by copyright law, from third parties whose rights may be violated
or infringed by the use of any Material protected by trademark, service mark, copyright
or other proprietary right. To use any logo, trademark or copyrighted items, a
customer must have written permission from the owner of the logo or trademark
or copyright. A customer may not use any logo or other graphic material in a
manner which may infringe copyright, trademark, service mark or other
proprietary mark. A customer also may not use any logo or trademark in a
vulgar, libelous, disparaging or otherwise unlawful manner. We assume no
responsibility for damages or any wrong doing that the customer may cause using
a logo, trademark or copyrighted items. You agree to indemnify and hold the
T-Shirt.com Parties harmless from and against any suit, demand, claim, loss,
liability, damage or expense made against or incurred by TheTShirtFactoryonline.com
Parties by reason of the unauthorized, improper, or illegal use of any logo or
trademark or copyright that is printed on or otherwise applied to promotional
merchandise ordered or purchased by the customer through
TheTShirtFactoryonline.com.
When using our software to create any design, or when uploading or authorizing
others to upload any copyrighted, trademarked or other protected material to
TheTShirtFactoryonline.com, you grant a license to TheTShirtFactoryonline.com
which gives TheTShirtFactoryonline.com the non-exclusive, perpetual,
irrevocable, paid-up, worldwide right and license to use, reproduce, modify,
adapt, publish, translate and distribute such material (in whole or in part),
modify and create derivative works from such material and/or to incorporate it
in other works in any form, media or technology now known or hereafter
developed for the full term of any copyright that may exist in such material.
Subject to this grant of rights, you retain all rights you have in such
material.
All comments, feedback, suggestions, ideas and other submissions disclosed,
submitted or offered to TheTShirtFactoryonline.com or otherwise disclosed,
submitted or offered in connection with your use of the Site shall be and
remain TheTShirtFactoryonline.com's property. Such disclosure, submission or
offer shall constitute an assignment to TheTShirtFactoryonline.com of all
worldwide rights, titles and interests in all copyrights and other intellectual
property rights in such comments, feedback, suggestions, ideas and other
submissions.
While we have made every effort to display as accurately as possible the colors
and/or graphics of our products that appear on the Site, we cannot guarantee
that your monitor's display of any color and/or graphic will be accurate. The
colors you see will depend on your monitor and may be different from the actual
colors of our product. We will have no liability (whether for damages, return
of merchandise for credit, or otherwise) as a result of any variances between
the appearance of colors and/or graphics displayed on your monitor and on any
finished product purchased by you.
All duties, taxes and licenses incurred while shopping at
TheTShirtFactoryonline.com are the sole responsibility of the customer.
TheTShirtFactoryonline.com cannot be held responsible (nor vouch) for any
orders with pending taxes, duties or licenses.
You are responsible for and must provide all computer, telephone and other
equipment and services necessary to access the Site. In addition, you are
responsible for any access charges incurred through on-line services, telephone
companies, or Internet service providers used in obtaining access to the Site.
You shall use TheTShirtFactoryonline.com for lawful purposes only. You shall
not transmit through TheTShirtFactoryonline.com any material which violates or
infringes in any way upon the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable which encourages conduct that would
constitute a criminal offense, give rise to civil liability or otherwise
violate any law. We reserve the right, in our sole discretion, to refuse to
produce goods and/or to terminate your access to TheTShirtFactoryonline.com for
any breach of this provision or any other provision of this Agreement.
YOU ACKNOWLEDGE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. THE SITE IS NOT
WARRANTED TO BE ERROR FREE OR UNINTERRUPTED, AND THERE IS NO WARRANTY AS TO THE
RESULTS OBTAINED THROUGH USE OF THE SITE. THIS SITE AND ALL CONTENTS 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 THE SITE, AND THAT THETSHIRTFACTORYONLINE.COM SHALL NOT BE LIABLE FOR
ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
Our liability to you, if any, shall not exceed the total of the invoice for
services and products provided on the transaction in dispute. We shall not be
liable for indirect, incidental, consequential, reliance or special damages for
harm to business, lost profits, lost savings or lost revenues, whether or not
we have been advised of the possibility of such damages. We shall not be liable
for any damage that you may suffer arising out of use, or inability to use, the
services or products provided hereunder unless such damage is a caused
intentional act of TheTShirtFactoryonline.com. We shall not be liable for
unauthorized access by third parties to your transmission facilities, premises
or equipment or for unauthorized access to or alteration, theft, loss or
destruction of users’ network, systems, applications, data files, programs,
procedures, or information through accident, fraudulent means or devices, or
any other method. These limitations of liability shall apply regardless of the
form of action, whether in contract, warranty, strict liability or tort, and
shall survive failure of an exclusive remedy. The provisions of this paragraph
will survive any sale completed with you and any change or elimination of this
Agreement and/or the Site.
You agree to indemnify, defend and hold harmless TheTShirtFactoryonline.com
Parties against all damages, claims, liability, costs, and expenses, including
but not limited to reasonable attorneys fees, arising out of violation of any
of the provisions of this Agreement by you or anyone accessing
TheTShirtFactoryonline.com under your account.
The Site is created and controlled by TheTShirtFactoryonline.com, in the
State of Georgia. The laws of
the State of Georgia will govern
all terms, conditions and disclaimers on the Site, including this Agreement,
without giving effect to any principles of conflicts of laws.
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