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1) Acceptance of Terms
Welcome to New Line T-Shirts, ("New Line
T-Shirts"). New Line T-Shirts provides its
website and related services ("Site") to you
subject to the following User Agreement
("Agreement"), which may be updated from time to
time without notice to you. Your continued use
of the New Line T-Shirts Site after any such
changes constitutes your acceptance of the new
terms. If you have any questions about the
Agreement, you may contact us at
customerservice@newlinetshirts.com.
BY CONTINUING TO USE THE SITE, YOU ARE
INDICATING YOUR AGREEMENT TO BE BOUND BY THE
TERMS OF THIS AGREEMENT AND ALL REVISIONS
THEREOF.
2) User Conduct
In using this Site, you agree to not:
a) upload, download, post, email or otherwise
transmit any materials including but not limited
to text, data, photos, graphics, or any of these
elements in combination as a design for products
available on this Site or otherwise ("Content")
that are unlawful, harmful, threatening,
abusive, vulgar, harassing, defamatory, obscene,
pornographic, indecent, inflammatory, libelous,
tortious, hateful, or racially, ethnically or
otherwise objectionable, or invasive of
another's rights including but not limited to
rights of celebrity, privacy and intellectual
property.
b) impersonate any person or entity or falsely
state or otherwise misrepresent your affiliation
with a person or entity;
c) upload, download, post, email or otherwise
transmit any Content that may infringe any
patent, trademark, trade secret, copyright or
other intellectual or proprietary right of any
party. By uploading or downloading any Content,
you represent and warrant that you have the
lawful right to reproduce and distribute such
Content and that the Content complies with all
applicable federal, state and local laws,
regulations and ordinances;
d) upload, download, post, email or otherwise
transmit any Content that would constitute or
encourage a criminal offense, violate the rights
of any party, or that would otherwise create
liability or violate any local, state, national,
or international law;
e) upload, download, post, email or otherwise
transmit any unsolicited or unauthorized
advertising, promotional materials, junk mail,
spam, chain letters, or any other form of
solicitation;
f) upload, download, post, email or otherwise
transmit 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;
g) upload, download, post, email or otherwise
transmit false or misleading information;
h) disrupt or interfere with the security of, or
otherwise abuse, the Site, or any services,
system resources, accounts, servers, or networks
connected to or accessible through the Site or
affiliated or linked websites.
i) access, tamper with or use non-public areas
of the Site. Unauthorized individuals attempting
to access these areas of the Site may be subject
to prosecution;
j) disrupt or interfere with any other user's
enjoyment of the Site or affiliated or linked
websites.
k) frame or link to the Site except as permitted
in writing by New Line T-Shirts;
You acknowledge and agree that New Line T-Shirts
may preserve Content and may also disclose
Content if required to do so by law or in the
good faith belief that such preservation or
disclosure is reasonably necessary to: (i)
comply with legal process; (ii) enforce the
Agreement; (iii) respond to claims that any
Content violates the rights of third-parties; or
(iv) protect the rights, property, or personal
safety of New Line T-Shirts, its users and the
public.
You understand that the technical processing and
operation of the Site, including your Content,
may involve (i) transmissions over various
networks; and (ii) changes to conform and adapt
to technical requirements of connection networks
or devices.
No royalty will be owed or paid on the sale of
any items containing an image which is in
violation of any of the provisions of this User
Agreement, including but not limited to no
royalty on any images that contain objectionable
content or are posted in violation of the
intellectual property, privacy or celebrity
rights of any person or entity.
You acknowledge and agree that you will use this
Site and any products, including without
limitation, ordered on this Site at all times in
accordance with all applicable United States
federal, state and local laws, statutes,
regulations and ordinances and will not take any
action that harms or violates the rights of any
person or entity.
3) Privacy Policy
Your privacy is very important to New Line
T-Shirts. Users of this Site should refer to our
privacy policy for information about how New
Line T-Shirts collects and uses personal
information. By accepting this Agreement you
expressly consent to New Line T-Shirts
disclosure and use of your personal information
(including using email to communicate with you)
as described in the privacy policy, which is
incorporated herein by reference.
4) Proprietary Rights
You acknowledge and agree that any Content,
including but not limited to text, data, photos,
graphics, etc. or other material contained or
distributed on or through the Site, by New Line
T-Shirts, its advertisers or other third
parties, is protected by trademarks, service
marks, patents, copyrights, or other proprietary
rights and laws. You may not use or distribute
any Content received through the site without
the authorization of the Content owner, except
for uses permitted by law. You agree not to
publish, reproduce, copy, in whole or in part,
nor upload, download, post, email, sell, or
otherwise distribute Content available through
the Site including code and software, in
violation of applicable copyright and other
intellectual property laws.
The intellectual property rights in or relating
to the content of any notes, messages, e-mails,
postings, letters, ideas, suggestions, concepts
or other written materials which you submit or
communicate to New Line T-Shirts (excluding the
Content) will automatically be deemed to be
assigned, granted and transferred by you to New
Line T-Shirts upon their submission or
communication to New Line T-Shirts, and you
agree that the same will automatically become
the property of New Line T-Shirts and that New
Line T-Shirts shall be entitled to use, exploit,
copy, publish, implement, transfer and in all
other ways deal with such materials and all of
the intellectual property rights therein in any
way and for any purpose New Line T-Shirts may
elect, forever.
5) Copyright and Trademark Policy
New Line T-Shirts Copyright information can be
reached at:
customerservice@newlinetshirts.com
or by
telephone at: 866- NLT-Shirts
(866-658-7447).
6) Indemnity
You agree to defend, indemnify and hold New Line
T-Shirts and New Line T-Shirts officers,
directors, employees, agents and licensors
harmless from all judgments, awards, losses,
liabilities, costs and expenses, including but
not limited to reasonable attorney's fees,
expert witness fees, and costs of litigation
arising out of or based on (a) content you
submit, post to or transmit through the Site,
(b) your use of the Site, (c) your connection to
the Site, (d) your violation of the Agreement or
(e) your violation of any rights of a third
party.
7) No Resale
You agree not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial
purposes, any portion of the Site, use of the
Site or access to the Site without New Line
T-Shirts' express written consent.
8) Links
The Site may provide, or third parties may
provide, links to other websites or resources.
Because New Line T-Shirts has no control of such
sites and resources, you acknowledge and agree
that New Line T-Shirts is not responsible for
the availability of such 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 New Line T-Shirts 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.
9) Public Reputation
You acknowledge and agree that you will not use
any product ordered from NewLineTShirts.com ,
including without limitation, in a way that
would be damaging to New Line T-Shirts public
reputation or that of its employees, board
members, shareholders, licensors, or solution
partners. Additionally, you acknowledge that if
you choose to display any product ordered from
New Line T-Shirts, including without limitation,
in a public setting, including on the Internet,
in a way which disparages New Line T-Shirts, New
Line T-Shirts board members, employees,
shareholders or partners, New Line T-Shirts
reserves the right to demand immediate return of
the product, to furthermore pursue all recourses
and remedies available under the law.
10) Pricing
Prices for products on NewLineTShirts.com are
described on our website and are incorporated
into this Agreement by reference. All prices are
in US dollars. Prices and products may change at
New Line T-Shirts discretion.
11) Age and Geographic Restrictions
You must be at least 13 years of age to use
NewLineTShirts.com . Please contact us if you
have any concerns or questions about this
restriction.
12) Shipping
Title and risk of loss for all Products ordered
by you shall pass to you on New Line T-Shirts
shipment to the shipping carrier.
13) DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE
SITE IS AT YOUR SOLE RISK. THIS SITE AND THE
INFORMATION, SERVICES, PRODUCTS, AND MATERIALS
AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, NEW LINE T-SHIRTS AND ITS
AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF
ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NEW LINE T-SHIRTS DOES NOT MAKE ANY WARRANTY
THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR
REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE, OR (C) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SITE
WILL MEET YOUR EXPECTATIONS, OR (D) THAT
DEFECTS, IF ANY, WILL BE CORRECTED. YOU AGREE
THAT NEW LINE T-SHIRTS SHALL HAVE NO
RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU
IN CONNECTION WITH THE SITE OR ANY CONTENT
CONTAINED THEREIN INCLUDING BUT NOT LIMITED TO
LOSS OF DATA FROM DELAYS, NONDELIVERIES OF
CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME,
MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR
SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE
INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF NEW
LINE T-SHIRTS, ITS AFFILIATES, ITS LICENSORS, OR
A USER'S OWN ERRORS AND/OR OMISSIONS.
YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE,
INCLUDING ALL CONTENT, DATA OR SOFTWARE
DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR
THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU
UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS,
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA
AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT NEW LINE T-SHIRTS DOES NOT
CONTROL IN ANY RESPECT ANY INFORMATION,
PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES
ON OR THROUGH THIS SERVICE. EXCEPT AS OTHERWISE
AGREED IN WRITING, NEW LINE T-SHIRTS AND ITS
AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE
NO WARRANTY OR REPRESENTATION AS TO THE
ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR
USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR
MADE AVAILABLE BY THIRD PARTIES THROUGH THIS
SITE.
YOU ACKNOWLEDGE THAT NEW LINE T-SHIRTS MAKES NO
WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY
OF INFORMATION TRANSMITTED THROUGH THIS SITE
WILL BE MAINTAINED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM NEW LINE T-SHIRTS
OR THROUGH OR FROM THE SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
14) LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO
CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS
OWN NEGLIGENCE, SHALL NEW LINE T-SHIRTS OR ITS
PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES,
AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY
OTHER PARTY INVOLVED IN CREATING, PRODUCING,
TRANSMITTING, OR DISTRIBUTING NEW LINE T-SHIRTS
OR RELATED SERVICES BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF NEW LINE
T-SHIRTS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (A) THE USE OR
INABILITY TO USE THE SITE; (B) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SITE OR (E) ANY OTHER MATTER RELATING TO THE
SITE. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF
THE ABOVE MAY NOT APPLY TO YOU. IN SUCH
JURISDICTIONS, LIABILITY IS LIMITED TO THE
FULLEST EXTENT PERMITTED BY LAW.
15) SEVERABILITY
If any provision of this Agreement is invalid,
illegal or unenforceable under any applicable
statute or rule of law, such provision shall be
deemed amended to achieve as nearly as possible
the same economic effect as the original
provision and the remaining provisions of this
Agreement shall in no way be affected or
impaired.
16) GENERAL
These terms and conditions shall be governed by
and construed in accordance with the laws of the
state of California, without resort to its
conflict of law provisions. Any dispute with
regard to this Agreement shall be submitted to
one arbitrator for arbitration in Santa Clara
County, California in accordance with the
Commercial Arbitration Rules of the American
Arbitration Association then in effect. The
award rendered by the arbitrator shall be
binding as between the parties and judgment on
such award shall be entered in any court having
jurisdiction thereof. The Arbitrator may award
attorney's fees and costs to the prevailing
party. No agency, partnership, joint venture,
employee-employer or franchisor-franchisee
relationship is intended or created by this
Agreement. New Line T-Shirts may assign its
rights and responsibilities hereunder without
notice to you. The failure of a party to
exercise or enforce any right or provision of
this Agreement will not constitute a waiver of
the right or provision. New Line T-Shirts
failure to act with respect to a breach by you
or others does not waive New Line T-Shirts right
to act with respect to subsequent or similar
breaches. This Agreement constitutes the entire
agreement between you and NewLineTShirts.com ,
and supercedes all other communications, written
or oral, with regard to the services provided by
NewLineTShirts.com . |
