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User Agreement
User Agreement
RESTRICTIONS ON USE
All content and material on the Service, such as text, graphics, video, audiovisual work, logos, photographs, icons, images, audio clips and software, are the property of Vintagetshirtstore or its licensors and are protected by United States and international copyright laws. The compilation of all content and material on the Service is the exclusive property of Vintagetshirtstore and is protected by U.S. and international copyright laws. Notwithstanding the foregoing, Vintagetshirtstore is not responsible for Content (as defined below) posted, submitted or transmitted by Users of the Service. Content and material from the Service and any other web site owned, operated, licensed, or controlled by Vintagetshirtstore may not be copied, except by a user solely for his or her personal use, and such content and material may not be distributed, republished, uploaded, posted or transmitted in any way, without the prior written consent of Vintagetshirtstore. Modification or use of the content or material for any other purpose would violate Vintagetshirtstore's and / or its licensors' intellectual property rights. The content and material in the Service is provided for lawful purposes only. In the event you download software from the Service, the software, including any files, images, video or other audiovisual works incorporated in or generated by the software and data accompanying the software (collectively, ???the Software???) are licensed non-exclusively to you by Vintagetshirtstore and / or its licensors. Vintagetshirtstore does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. The Software is further subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of United States export laws. Downloading or using the Software is at your sole risk.
Any other intellectual property embodied in the Service or Vintagetshirtstore products, including without limitation patents, issued or pending, are the sole property of Vintagetshirtstore and / or its licensors.
Your access to and use of certain components of the Service as a Member is subject to verification of your authority to so access and use such components of the Service. You shall hold and secure any username and password that provides you access to the Service or any particular component thereof as strictly confidential, and you shall not allow any other person access to or use of such username and password. You are responsible for any and all activity related to the Service accessed or used via your account. You shall immediately notify Vintagetshirtstore of any unauthorized use of your username and password by sending an email to info@vintagetshirtstore.com.
Vintagetshirtstore may add, delete, remove, modify, disable, suspend or restrict certain, some or all of the Service at its sole discretion without notice to you, and you acknowledge that: (i) you may no longer be able to use the Service to the same extent, or at all, as prior to such events, and (ii) Vintagetshirtstore shall have no liability to you or any third party in such case. Vintagetshirtstore shall not be liable in any event for the addition, deletion, removal, modification, disabling, suspension or restriction of access to or use of any or all of the Service.
Use of and Membership in the Service is void where prohibited. By using the Service as a Member, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Service does not violate any applicable law or regulation. Your Membership may be terminated without warning, if we believe that you are under 14 years of age.
You are solely responsible for your interactions with other Members. Vintagetshirtstore reserves the right, but has no obligation, to monitor disputes between you and other Members.
POLICY CONCERNING CLAIMS OF INFRINGEMENT
It is the policy of Vintagetshirtstore to respond expeditiously upon receiving notice of claimed intellectual property infringement on the Service. Vintagetshirtstore will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement.
All notices as to matters of copyright infringement should be sent to our designated agent at the following address: info@vintagetshirtstore.com
Notices as to matters of copyright infringement should contain the following information:
a. A physical or electronic signature of a person authorized to act on behalf of the copyright owner who is allegedly infringed.
b. Identification of the copyrighted work claimed to have been infringed.
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit Vintagetshirtstore to locate the material.
d. The address, telephone number or email address of the complaining party.
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
f. A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Vintagetshirtstore reserves the right to (i) remove any material which it believes may violate the copyright or other rights of any third party and / or (ii) limit access to or from the Service for any user whom Vintagetshirtstore believes is violating any such rights of others.
SUBMISSIONS AND COMMUNICATIONS
You agree that you will not upload or transmit any remarks, suggestions, messages (including without limitation to other Members) ideas, photographs, graphics, information, data, text, files, links, software or other materials (???Content???) that: (i) infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party, (ii) are patently offensive or promote racism, bigotry, hatred or physical harm of any kind against any group or individual, (iii) harass or advocate harassment of another person, (iv) exploit people in a sexual or violent manner, (v) contain nudity, violence, or offensive subject matter or contain a link to an adult website, (vi) solicit personal information from anyone under 18, (vii) provide any telephone numbers, street addresses, last names, URLs or email addresses, (viii) promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, (ix) promote any illegal or unauthorized copy of another person's copyrighted work, (x) involve the transmission of ???junk mail???, ???chain letters??? or unsolicited mass mailing, instant messaging, ???spimming,??? or ???spamming???, (xi) contain restricted or password only access pages or hidden pages or images, (xii) further or promote any criminal activity or enterprise or provide instructional information about illegal activities, (xiii) solicit passwords or personally identifiable information for commercial or unlawful purposes from other Users, (xiv) involve commercial activities and / or sales without Vintagetshirtstore’s prior written consent such as contests, sweepstakes, barter, advertising or pyramid schemes, or (xv) include a photograph of another person that you have posted without that person's consent.
By submitting Content to Vintagetshirtstore through the Service, you automatically represent and warrant that you have the right to grant, and do hereby grant, to Vintagetshirtstore the paid-up, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such Content (in whole or part) worldwide and / or to incorporate all or any portion of it in other works in any form, media or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright or other proprietary rights of any party that may exist in such Content; and (b) use the Content, including without limitation, the right and license to make, use, sell, offer for sale and import any products and / or services which practice or embody, or are configured for use in practicing, all or any portion of the Content and the right to practice. Under no circumstances will Vintagetshirtstore be required to treat any Content as confidential (subject to the Service's Privacy Policy). Vintagetshirtstore will be entitled to use the Content for any purpose whatsoever (consistent with the Service's Privacy Policy) without compensation to you or any other person. For the avoidance of doubt, Vintagetshirtstore will not be liable to you or any other person for any ideas for Vintagetshirtstore's business (including, without limitation, product designs or ideas) derived from the Content and will not incur any liability as a result of any similarities to the Content that may appear in any future products or services of Vintagetshirtstore.
You acknowledge that you are responsible for whatever Content you submit, and you, not Vintagetshirtstore, shall have full responsibility for the Content, including its legality, reliability, appropriateness, originality and non-interference with third-party rights.
Vintagetshirtstore shall have the right to refuse to post or transmit all or any portion of any Content. By way of example and not in limitation of anything else in this Agreement, Vintagetshirtstore shall also have the right, but not the responsibility, to refuse, remove or edit any Content (in whole or in part).
LINKS
The Service may link to other web sites which are not maintained by Vintagetshirtstore and which are owned and operated by third parties. You acknowledge that Vintagetshirtstore is not responsible for the operation of, or content located on or through, any third-party web sites. The inclusion of a link to such web site does not imply endorsement by Vintagetshirtstore and / or the Service. Viewing of any web site linked to the Service is at your own risk.
INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless Vintagetshirtstore and its subsidiaries, divisions and affiliates and each of their officers, directors, representatives, agents and employees (collectively, the ???Indemnitees???) from and against any and all liability, damages and costs (including, without limitation, attorneys’ fees) incurred by the Indemnitees in connection with your use of the Service, including without limitation with respect to any claim arising out of any Content that you submit or breach or alleged breach of any of your obligations set forth herein. Vintagetshirtstore reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Vintagetshirtstore. You shall cooperate as fully as reasonably required in the defense of any claim.
DISCLAIMER
VINTAGETSHIRTSTORE DOES NOT WARRANT THAT ANY INFORMATION, CONTENT OR MATERIAL ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE CONTENT OR MATERIAL ON THE SERVICE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. VINTAGETSHIRTSTORE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE SERVICE IS PROVIDED AS IS AND AS AVAILABLE AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY OTHER WARRANTIES UNDER ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VINTAGETSHIRTSTORE DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VINTAGETSHIRTSTORE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SERVICE, WHETHER IN TERMS OF CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
VINTAGETSHIRTSTORE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH CONTENT. YOU (AND NOT VINTAGETSHIRTSTORE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
YOU UNDERSTAND AND AGREE THAT THE DISCLAIMERS SET FORTH HEREIN APPLY TO ALL CAUSES OF ACTION NOW KNOWN OR WHICH MAY ARISE IN THE FUTURE.
LIMITATION OF LIABILITY
VINTAGETSHIRTSTORE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY THE SERVICE OR ANY CONTENT ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE OR COMPUTER VIRUS. VINTAGETSHIRTSTORE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THE SERVICE EVEN IF THERE IS NEGLIGENCE BY VINTAGETSHIRTSTORE OR IF AN AUTHORIZED REPRESENTATIVE OF VINTAGETSHIRTSTORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. VINTAGETSHIRTSTORE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM LINKING TO ANY THIRD-PARTY WEB SITE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
RETURN POLICY
VINTAGETSHIRTSTORE goes to great lengths to ensure that all orders are filled accurately, on time and are of the uppermost quality. Accordingly, VintageTshirtstore accepts returns and will refund payment if and when customers are disappointed by VintageTShirtstore merchandise for one of the following reasons: (a) the blank items themselves are materially flawed; (b) the quality of the decorating (i.e., the printing or embroidery) is below a reasonable range of expectations; or (c) the design of the final product is materially different from the final design submitted by the customer. To receive a reprint and/or a refund we will first have to verify that the products are flawed. With either a picture sent vie email or the returning of the products at the customers cost. In some cases a cancellation may result in a 10% cancellation fee. These cases include (a) we have already ordered the products; (b) Have designed the artwork; and/or (c) Have already started printing the products. VintageTshirtstore will not accept returns, refunds, or exchanges based on selecting the wrong size item.
TERMINATION
Vintagetshirtstore may terminate any rights granted hereunder at any time. You may terminate any obligations granted hereunder by destroying: (a) all content and material obtained from the Service, and (b) all related documentation and all copies, printouts and installations. Vintagetshirtstore may prevent your access to the Service or cancel your Membership immediately without notice if, in its sole judgment, you breach any provision of these Terms and Conditions or for any other reason (or no reason) whatsoever.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and us, and supersedes all prior agreements or communications. If any provision of this Agreement is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. No waiver shall be effective against us unless we make it in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Headings are for convenience only and have no legal import. This Agreement will be governed by the laws of California applicable to contracts entered into and performed exclusively in California.
