| Terms of Service Effective DATE: December 21, 2004 1. Acceptance of Terms. Welcome to TshirtManiacs.com. TshirtManiacs.com (the "Web Site") provides its service to you, subject to the following Terms of Service. The following Terms of Service ("TOS") contain the terms and conditions that govern your use of the Web Site and the TshirtManiacs.com Services (as defined below). These TOS describe your rights and responsibilities and what you can expect from the TshirtManiacs.com Service. If you do not read, understand, and agree to all of the TOS, you may not use the Web Site. In addition, when using the Web Site you may be linked to other Web Sites. By following the links provided you hereby agree to read and be bonded to the respective Web Sites' TOS and release TshirtManiacs.com and it owner(s) from any damages, loss, or otherwise that you may cause. TshirtManiacs.com reserves the right to add to, delete, or change these TOS because of frequent changes in Internet technology and applicable law. As such, you should check these TOS from time to time for such changes. 2. Description of Service. TshirtManiacs.com provides a number of Internet-based services through the Web Site (all such services, collectively, the "TshirtManiacs.com Service"). One such service enables users to create customized merchandise, books, photos, compact discs, and CD-ROMS (collectively, "Products"). TshirtManiacs.com allows all users to browse the Web Site and purchase Products from the Shops. TshirtManiacs.com may offer a number of other services on its Web Site, such as message boards, contests, and newsletters, which may change from time to time. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for TshirtManiacs.com to provide the Service. You understand and agree that the Service is provided "AS-IS" and that TshirtManiacs.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. 3. Use of the Web Site and CafePress.com Service. 3.A. Eligibility. TshirtManiacs.com will only knowingly provide the TshirtManiacs.com Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the TshirtManiacs.com Service only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The TshirtManiacs.com Service is not intended and some services are not suitable for children under the age of 13. Please be aware that TshirtManiacs.com has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas. 3.B. Compliance With TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the TshirtManiacs.com Service and the Web Site. 3.C. Your License to Use the Web Site and the TshirtManiacs.com Service. (1) R.S.Goff solely and exclusively owns all intellectual property and other right, title and interest in and to the TshirtManiacs.com Service and Web Site, except as expressly provided for in these TOS. For example and without limitation, TshirtManiacs.com owns the trademarks TshirtManiacs.com(SM), TshirtManiacs(TM), tm(TM), TshirtManiacs.com & Design; BALLS(TM), GoffBALLS(TM), SPEED Racing Wear(TM), BALD Clothing(TM),Candy Candy(TM), Candy Expressions(TM), USA Quality(TM), Like Wieners(TM), I Like Wieners(TM), Pirate's Cove Liquor(TM), CUMBERLANDwear(TM), Pro Boxer(TM), Professional Boxer(TM), CHIXWEAR(TM), Monkey Around(TM), Horney Devil(TM), igoood(TM), and all other writing or graphics displayed, sold, or given herein by this site. The copyrights in and to the Web Site, and certain technology used in providing the TshirtManiacs.com Service, with the exception of certain photography which are the exclusive property of L.L.Goff- all rights reserved. You will not acquire any right, title or interest therein under these TOS or otherwise. (2) TshirtManiacs.com grants you a limited revocable license to access and use the Web Site and the TshirtManiacs.com Service for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by TshirtManiacs.com; create derivative works based on the content of the Web Site; or download or copy the Web Site (other than page caching). If you use the Web Site in a manner that exceeds the scope of this license or breach this TOS, TshirtManiacs.com may revoke the license granted to you. 3.D. Third-Party Services. TshirtManiacs.com may use third parties to provide certain services accessible through the Web Site. TshirtManiacs.com does not control those third parties or their services, and you agree that TshirtManiacs.com will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these TOS when you use these services. If any such terms or policies conflict with TshirtManiacs.com's TOS, agreements or policies, you must comply with TshirtManiacs.com's TOS, agreements or policies, as applicable. 4. TshirtManiacs.com PRIVACY POLICY By entering into these TOS, you agree to TshirtManiacs.com's collection, use and disclosure of your personal information in accordance with the privacy policy. Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http//www.tshirtmaniacs.com/privacy.html. 5. Indemnification. You must indemnify and hold TshirtManiacs.com and its employees, representatives, agents, affiliates, directors, officers, and managers harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these TOS. If you have to indemnify TshirtManiacs.com under this Section, TshirtManiacs.com will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without TshirtManiacs.com's express written permission. 6. MEMBER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not TshirtManiacs.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. TshirtManiacs.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will TshirtManiacs.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to: 1. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2. harm minors in any way; 3. Impersonate any person or entity, including, but not limited to, a TshirtManiacs.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; 4. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose. 5. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 6. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; 7. "stalk" or otherwise harass another; or 8. Collect or store personal data about other users. You acknowledge that TshirtManiacs.com may or may not pre-screen Content, but that TshirtManiacs.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, TshirtManiacs.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by TshirtManiacs.com or submitted to TshirtManiacs.com, including all other parts of the Service. You acknowledge, consent and agree that TshirtManiacs.com may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of TshirtManiacs.com, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by TshirtManiacs.com and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited. Prohibited Use. Except as may be expressly permitted by TshirtManiacs.com, you may not: (i) interfere with the TshirtManiacs.com Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the TshirtManiacs.com Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Web Site, except in the operation or use of an Internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the TshirtManiacs.com Service; (v) impersonate another person or entity; (vii) use any meta tags, search terms, key terms, or the like that contain TshirtManiacs.com's name or trademarks; (viii) engage in any activity that interferes with another user's ability to use or enjoy the TshirtManiacs.com Service; or (ix) assist or encourage any third party in engaging in any activity prohibited by these TOS. Ordering Policies. If you purchase Products, you agree to do so in accordance with CafePress.com's Ordering Policy and Bulk Order Policy. Please read these policies at the CAFÉPRESS web site. www.cafepress.com. 7. General Rules. 7.1 Description. As part of the TshirtManiacs.com Service, TshirtManiacs.com offers a service (the "Personalize Your Product Service") that allows you to upload images, data, and other content (collectively, "Content") to the Web Site to create, manufacture and purchase Products featuring the uploaded Content for your own use. 7.2 Delivery of Content. You will upload or deliver to TshirtManiacs.com all Content that you want to use with the Personalize Your Product Service in accordance with the applicable instructions on the Web Site. TshirtManiacs.com may, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use with the Personalize Your Product Service. 8. Reservation of Rights. Modification of the Service. TshirtManiacs.com may modify the TshirtManiacs.com Service at any time with or without notice to you, and will incur no liability for doing so. 9. Submissions. When you submit questions, upload or e-mail pictures, graphics and/ or any other comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant TshirtManiacs.com permission to use such submissions for marketing and other promotional purposes. You agree that TshirtManiacs.com will have no obligation to keep any Submissions confidential and you will not bring a claim against TshirtManiacs.com based on "moral rights" or the likes arising from TshirtManiacs.com's use of a Submission. This Section does not apply to your Content that you use in connection with the Personalize Your Product Service. 10. Representations and Warranties. 10.1 Mutual Representations and Warranties. You represent and warrant to TshirtManiacs.com and TshirtManiacs.com represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of your or its obligations under these TOS do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these TOS are a legal, valid and binding obligation of the party entering into these TOS, enforceable in accordance with their terms and conditions. 10.2 By You. You represent and warrant to TshirtManiacs.com that, in your use of the TshirtManiacs.com Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to TshirtManiacs.com that: (i) there are no claims, demands or any form of litigation pending or, to the best of your knowledge, threatened with respect to any of your Content; (ii) TshirtManiacs.com will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that TshirtManiacs.com incurs in providing the TshirtManiacs.com Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware. 11. Disclaimers, Exclusions, and Limitations. 11.1 DISCLAIMER OF WARRANTIES. TshirtManiacs.com PROVIDES THE WEB SITE AND TshirtManiacs.com SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. CAFEPRESS.COM DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, TshirtManiacs.com SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. TshirtManiacs.com MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. 11.2 EXCLUSION OF DAMAGES. TshirtManiacs.com WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE TshirtManiacs.com SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 12. Termination. 12.1 Termination. TshirtManiacs.com may suspend or terminate your use of the Web Site or TshirtManiacs.com Service if it believes, in its sole and absolute discretion, that you have breached a term of these TOS. 12.2 Survival. These TOS will survive indefinitely unless and until TshirtManiacs.com chooses to terminate them. 12.3 Effect of Termination. If you or TshirtManiacs.com terminates your use of the Web Site or the TshirtManiacs.com Service, TshirtManiacs.com may delete any Content or other materials relating to your use of the TshirtManiacs.com Service on TshirtManiacs.com's servers or otherwise in its possession and TshirtManiacs.com will have no liability to you or any third party for doing so. 13. Notice. All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by electronic mail. E-mail to admin@TshirtManiacs.com. A conformation e-mail will then be sent to you within 72 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement. 14. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. 15. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. 16. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TshirtManiacs.com has no control over such sites and resources, you acknowledge and agree that TshirtManiacs.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TshirtManiacs.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. 17. Miscellaneous. These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Kentucky without reference to conflict of law principles. These TOS will not be assignable or transferable by you without the prior written consent of TshirtManiacs.com. These TOS (including all of the policies and other Agreements described in this TOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and TshirtManiacs.com are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect Copyright © 2005 TshirtManiacs.com. All rights reserved. Privacy Policy |
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