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festivaltshirt.com provides a location where T'Shirts are offered for sale.
Content All of the materials, information, features, text, images, graphics, user interface, videos, photographs, artwork, including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned exclusively by festivaltshirt.com or has been licensed to festivaltshirt.com for its use subject to the Terms and Conditions. As between End User and festivaltshirt.com, all Content is owned by festivaltshirt.com and shall be deemed to constitute the intellectual property of festivaltshirt.com and, as such, is subject to all applicable intellectual property rights laws including but not limited to copyright and trademark laws. Restrictions Except as expressly provided in this Agreement, you shall not at any time reproduce, copy, transmit, retransmit, sell, rent, broadcast, distribute, publish, upload, post, publicly display, incorporate into new works, alter, perform, digitize, compile, translate or transmit in any way to any other computer, website or other medium or for any purpose, any part of the Content or the Site without festivaltshirt.com's express prior written approval. Accounts and Passwords To access festivaltshirt.com's services you must first open an account subject to the following terms and conditions: (a) You shall only submit accurate personal and billing information when opening your account. The submission of false or fraudulent information shall constitute a Terms Of Service violation. (b) You shall at all times remain solely responsible for all activity that occurs under your account. (c) You shall not share your account or your password with any third party. Password sharing shall constitute a Terms Of Service violation and you hereby agree not to use the account or password of any third party for the same reason. (d) You shall immediately notify festivaltshirt.com of any unauthorized use of your account or password information or any other breach of security. (e) You shall not attempt to gain access to the password-protected portions of festivaltshirt.com's Site and services without using your password or by any other unauthorized means. Any attempt to gain unauthorized entry to the Site or the services through hacking, cracking, spoofing or any other means other than using your account and password shall constitute a Terms Of Service violation. (f) Any action to assist or enable any third party to gain unauthorized access to festivaltshirt.com's Site or services by any means shall constitute a Terms Of Service violation. Privacy Policy You are required to provide certain contact and personal information when you open your account with festivaltshirt.com: All information provided by you to festivaltshirt.com shall be and shall at all times remain subject to our privacy policy ("Privacy Policy"). The Privacy Policy is as follows: (a) We shall store you name, address and e-mail information for use in connection with the provision of festivaltshirt.com's services hereunder. (b) For security reasons, we shall not store your credit card information which must be re-entered on a transaction by transaction basis. (c) We shall not disclose or provide your stored contact information to any unaffiliated third party unless we are required to do so by official agencies or in the context of litigation. (d) The Privacy Policy's terms and conditions may be adjusted from time to time without further notice to you, and as a condition of using festivaltshirt.com's services, you hereby expressly waive your right to such notice. You hereby warrant and represent that you have read our Privacy Policy and agree to its terms and hereby consent to our collection, use and disclosure of your personal information consistent with the terms and conditions of the Privacy Policy as set forth herein. E-mail Communication By establishing an account with festivaltshirt.com, you expressly grant permission for festivaltshirt.com to communicate with you via e-mail at the e-mail address you provide. Termination You may terminate your account with festivaltshirt.com at any time by communicating your wish to do so to festivaltshirt.com in writing via e-mail. You hereby expressly agree that festivaltshirt.com may terminate your account as follows: (a) festivaltshirt.com may terminate your account for cause in its sole discretion and without prior notice. "Cause" within the meaning of the foregoing sentence shall include but not be limited to: (1) any Terms Of Service violation; (2) discontinuation or material modification of the Site or any service offered thereon; (3) failure to pay for purchases; (4) copyright infringement; (5) requests by law enforcement or other government agencies. (b) festivaltshirt.com shall at all times remain entitled to terminate your account for any other reason which may or may not fall within the definition of "cause" above in its sole discretion. (c) Upon termination of your account hereunder, all of the operative provisions and definitions of this Agreement shall continue to remain in effect and shall continue to govern the interpretation of this Agreement and all rights and remedies accruing under this Agreement. You hereby expressly agree that you shall not be entitled to seek any compensation from festivaltshirt.com or any third party for the termination of your account. Warranties It is hereby expressly agreed that there shall be no implied warranties of merchantability or suitability with respect to any aspect of festivaltshirt.com's Site, software, services or any other materials featured on or obtained from festivaltshirt.com. festivaltshirt.com specifically disclaims any warranties against viruses, software incompatibilities, or any other effect which festivaltshirt.com's software, Site or services may have on the computer, telecommunications and/or other electronic equipment owned or operated by the End User. Limitation of Liability You hereby expressly agree that you shall use the festivaltshirt.com Site and services at your own risk. In any event, neither festivaltshirt.com nor its officers, employees, or shareholders shall be liable for any consequential, incidental, direct, indirect, punitive, special or other damages whatsoever, including without limitation any business interruption, loss of profits, loss of information or any other business related damages, with respect to any matter or claim arising as a result of or in connection with this Agreement, or otherwise arising out of or in connection with the use of the festivaltshirt.com Site whether based on contract, tort, negligence, at law or in equity. You hereby acknowledge and confirm that you are on notice of festivaltshirt.com's disclaimer of warranties and limitation of liability as set forth in this Agreement and you expressly agree to these disclaimers and limitations as a condition of using any of festivaltshirt.com's services. If, notwithstanding the foregoing and for any reason festivaltshirt.com is found to be liable to End User for any matter in connection with this Agreement, festivaltshirt.com's liability shall be limited to any amounts actually paid to festivaltshirt.com by the End User. Copyright and Intellectual Property Rights Policy festivaltshirt.com will terminate the account of any End User or other customer or vendor who uses his or her privileges to unlawfully transmit copyrighted material without express authoity to do so. festivaltshirt.com will terminate the infringing End User's or customer's or vendor's account once any copyright infringement or any other violation of the intellectual property rights of any third party has been established by a court of competent jurisdiction. festivaltshirt.com may also in its sole discretion decide to terminate an End User's or customer's or vendor's account privileges prior to that time if it has good faith belief that infringement has in fact occurred or that it is more likely than not that such an infringement will be confirmed. festivaltshirt.com shall not be liable to any End User for the termination of an account hereunder and you hereby expressly agree that festivaltshirt.com shall at all times reserve the right to terminate any account based on the policy against copyright infringements as set forth herein. Third Party Sites and Content The Service contains links to other Internet sites that we or third parties offer and your use of each of those sites is subject to the terms and conditions, if any, that are contained on those sites (the "Third Party Terms"). We have no control over such third party sites and we are not responsible for any changes to any third party site or for the contents of any third party site, including, without limitation, any links that may be contained in such a site. Our inclusion of any link to a third party site is not an endorsement of that site. Our inclusion of any document in the Services search database is not an endorsement of that document, the contents of such document, or the companies owning such documents. Your Conduct on the Service The content on the Service is intended for your personal, noncommercial use. All materials published on the Service, including, but not limited to, photographs, graphics, images, illustrations, sound clips and flash animation are protected by copyright. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform display or in any way exploit any of the materials or content or the service in whole or part. If the Service contains bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums"), you agree to use any Forum only to send and receive messages and material that are proper and related to that particular Forum. Without limiting the foregoing, you agree that you will not (i) defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others; (ii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (iii) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer; (iv) advertise or offer to sell any goods or services for any commercial purpose; (v) conduct or forward surveys, contests, pyramid schemes or chain letters; (vi) download any file posted by another user of a forum that you know or reasonably should know, cannot be legally distributed in such matter, (vii) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; or (viii) restrict or inhibit any other user from using and enjoying the forum. We reserve the right to terminate your access to any or all of the forums at any time without notice for any reason whatsoever. If, in our sole discretion, you choose a username that is obscene, indecent, abusive or which might otherwise subject festivaltshirt.com to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from the Forums, deny you access to the Forums, or any combination of these options. If you continue to choose usernames that we find objectionable, we reserve the right to permanently terminate your access to the Forums, the Service or both. You will not use the Service for illegal purposes. Use of the Service is subject to existing laws and legal process, and nothing contained herein shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. Legal Policies and Notices You hereby agree to indemnify, defend and hold festivaltshirt.com, and all of our officers, directors, owners, agents, information providers, affiliates and licensors (collectively, the "festivaltshirt.com Parties") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by any festivaltshirt.com Party in connection with any claim arising out of (1) any use or alleged use of your account or password by any person, whether or not authorized by you, (2) any claim arising out of the material that you submit to the Service, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, trademark infringement and any claim or liability relating to the content, quality, or performance of materials that you submit to the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. The listing, or absence of listing, of any document in the Service search database does not imply any warranty or guarantee by us, for any companies, products, or services described in such documents. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Service search results. We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the World Wide Web or Internet using search results from the Service. Governing Law You agree that all matters relating to your access to and use of festivaltshirt.com's Site and services and any purchases made from the Site, including all disputes arising out of these Terms of Service, shall at all times be governed by Scots Law. |
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