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Effective Date: 10/1/2015
Please carefully read the following Terms before using the Website. By accessing and using the Website or Services, or the content displayed on, posted to, transmitted, streamed, or distributed or otherwise made available on or through the Website, including without limitation, User Submissions (collectively, “Content”), you acknowledge that you have read, understood and agree to be bound by these Terms which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use the Website or any of its Content or Services.
2) Permitted Users of Website
The Website, Content, or Services are solely directed to persons at least 18 years of age. SWEAR WEAR does not sell products for purchase by children. Any children’s products are offer for purchase by adults only. If you are under 18, you may use Amazon.com only with the involvement of a parent or guardian. We are not responsible or liable for any content, communication, or other use or access of the Website, Content, or Services by users of this Website in violation of these Terms.
3) Permitted Use of Website
The Content (except for User Submissions, which are governed by Section 8), Website, and Services are the sole and exclusive property of SWEAR WEAR and/or its licensors. You agree not to reproduce, republish, upload, post, duplicate, modify, copy, translate, broadcast, alter, distribute, frame, create derivative works from, sell, resell, transmit, transfer, display, perform, license, assign or publish, or exploit for any commercial purpose, any portion of the Website, SWEAR WEAR’s Intellectual Property or Content or Services other than as expressly authorized by SWEAR WEAR in writing, including without limitation, posting or transmitting any advertising, sponsorships, or promotions on, in, or through the Service, Website, or Content. Use of the Website, the Content, or Services in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. You agree not to access the Website, Content or Services through any technology or means other than the use of commercial web browsers or other explicitly authorized means SWEAR WEAR may designate. You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, “offline readers’, or the like that accesses the Website, Content, or Service. SWEAR WEAR reserves the right to remove or suspend access to the Website, Content, or Services without prior notice.
You may not duplicate, publish, display, modify, alter, distribute, frame, post, perform, reproduce, broadcast, copy, sell, resell, exploit, or create derivative works from any part of the Website or the Content or Services unless expressly authorized by SWEAR WEAR in writing or as expressly set forth herein. You agree that you will not remove, obscure, or modify any acknowledgements, credits or legal, intellectual property or proprietary notices, or marks, or logos contained on the Website or in the Content or Services. You agree not to collect or harvest any personally identifiable information from the Website, nor to use Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service or Website. In your use of the Website, Content or Service, you will comply with all applicable laws, regulations, rules, decrees, and ordinances. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that SWEAR WEAR is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, misleading, or incomplete. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SWEAR WEAR with respect to any content you are exposed to during your use of the Service.
5) Account Password and Security
The Website contains features that require registration. You agree to provide accurate, current and complete information about yourself as prompted. If you provide any information that is inaccurate, not current or incomplete, or SWEAR WEAR has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, SWEAR WEAR may remove or de-register you from this Website or any relevant contest, at its sole discretion. SWEAR WEAR reserves the right to take appropriate steps against any person or entity that intentionally provides false or misleading information to gain access to portions of the Website that would otherwise be denied. You agree that you will not have any claim against SWEAR WEAR as a result of any action it takes based on its reasonable suspicions.
You are responsible for any actions that take place while using your SWEAR WEAR account. At the time you register for online account access, you may be required to select a username and password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your password and are fully responsible for all uses of your password and transactions conducted in your account, whether by you or others. SWEAR WEAR is not responsible for any loss that results from the unauthorized use of your username/password, with or without knowledge. You agree to (a) log out of your account at the end of each session; (b) use a complex password; (c) keep your password confidential and not share it with anyone else; and (d) immediately notify SWEAR WEAR of any unauthorized use of your password or account or any other breach of security. SWEAR WEAR is authorized to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with this Section. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
6) Proprietary Rights
You acknowledge and agree that, as between SWEAR WEAR and you, all right, title, and interest in and to the Website, Content (except for User Submissions, which are governed by Section 8), and Services including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by SWEAR WEAR or its licensors, are valid and enforceable, and are protected by United States intellectual property laws and other applicable laws. Any attempt to use, redistribute, reverse engineer, or redesign the information, code, videos, textual or visual materials, graphics, or modules contained on the Website for any other purpose is prohibited. SWEAR WEAR and its licensors reserve all rights not expressly granted in and to the Website, Service and the Content.
Copyright: As between you and SWEAR WEAR, you acknowledge and agree that all Content and Services included in the Website, such as text, graphics, logos, icons, videos, images, media, data, audio, visual, animation, software and other information and materials (except for User Submissions, which are governed by Section 8), are the copyright property of SWEAR WEAR or its content suppliers or licensors and are protected by U.S. and international copyright laws. Any use not expressly permitted by SWEAR WEAR in writing, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Website, Content, or Services, is strictly prohibited.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Website (except for Submissions, which are governed by Section 8) are proprietary to SWEAR WEAR or its licensors. Without limiting the foregoing, “Pro Clothing Tees”, “Clotheslined Apparel”, “OneHourTees.com”, and “One Hour Tees”, are the trademarks of SWEAR WEAR’s parent company, Creative Ventures, Inc. Unauthorized use of any trademark of SWEAR WEAR or Creative Ventures, Inc. may be a violation of federal or state trademark laws. Any third party names or trademarks referenced on the Website do not constitute or imply affiliation, endorsement or recommendation by SWEAR WEAR, or of SWEAR WEAR by the third parties.
7) Your Indemnity of SWEAR WEAR
8) User Submissions. This section governs your User Submission(s), which includes but is not limited to photographs, graphics, designs, logos, text, pictures, screen shots, and the like, in any form whether digital or otherwise, submitted to the Website or SWEAR WEAR in any manner for any reason.
- a) Communications Services: The Website may contain areas for you to submit or post content such as comments, feedback, photographs. These areas may include chat areas, blogs, bulletin board services, focus groups, forums, contests, games, communities, calendars, and/or other message or communication services designed to enable you and others to communicate with SWEAR WEAR and other users of the Website (collectively, “Communication Services”). The opinions expressed in the Communication Services reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of SWEAR WEAR.
- b) Ownership rights: You warrant that your User Submission(s) is owned by you and does not infringe on the intellectual property rights or other rights of any third party. You further warrant that to the best of your knowledge, SWEAR WEAR’s permitted use of your User Submissions shall not infringe the intellectual property rights of any third party.
By submitting a User Submission, you agree to indemnify, defend, and hold harmless SWEAR WEAR and its subsidiaries, parent, and affiliated companies, agents, officers, directors, and employees (collectively, the “SWEAR WEAR Group”) from any and all liability, loss, damage, costs, expenses, claims, or demands (including without limitation, reasonable attorneys’ fees and court costs), which may arise out of third party claims against SWEAR WEAR arising out of or relating to allegations that SWEAR WEAR’s marketing, display, sale, printing, or any other action related to your User Submission(s), infringes on any United States copyright or trademark.
You shall be solely responsible for your own User Submission and the consequences of posting or publishing them. You retain all of your ownership rights in your User Submissions. You acknowledge that your User Submission(s) may become available to others in various ways.
By submitting a User Submission, you grant the SWEAR WEAR Group a non-exclusive, world-wide, royalty-free, perpetual, sublicenseable, transferrable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Submission in connection with the Website and SWEAR WEAR’s business, including without limitation for promoting, displaying, and redistributing part or all of the Website (and derivative works thereof) in any media now known or hereafter developed.
By submitting a User Submission, you also grant the SWEAR WEAR Group a non-exclusive, world-wide, royalty-free, perpetual, transferrable right to use, right and license to use, portray, display and publish your name, appearance, voice, likeness, photographic image, in any media now known or hereafter developed.
- b) Prohibited Actions:You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and SWEAR WEAR reserves the right to determine what types of conduct it considers to be inappropriate use of the Website. In the case of inappropriate use, SWEAR WEAR or its designee may take such measures as it determines in its sole discretion.
By way of example, and not as a limitation, you agree that when using the Website, Content, Services or a Communication Service, you will not:
- Use the Website, Content or Services for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules.
- Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.
- Take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure or otherwise in a manner that may adversely affect performance of the Website or restrict or inhibit any other user from using and enjoying the Website.
- Use the Website for unauthorized framing of or linking to, or access via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Content or Services.
- Aggregate, copy, duplicate, publish, or make available any of the Content or Services or any other materials or information available from the Website to third parties outside the Website in any manner or any other materials or information available from the Website.
- Defame, bully, abuse, harass, stalk, demean, threaten or discriminate against others or otherwise violate the rights (such as rights of privacy and publicity) of others or reveal another users’ personal information, e.g. hate speech.
- Publish, post, upload, distribute or disseminate any inappropriate, disparaging, profane, defamatory, infringing, obscene, indecent, sexually explicit, or unlawful topic, name, material, content, video, image, audio, caption, or information. Be advised that we work closely with law enforcement and we report child exploitation.
- Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights, titles, or interests thereto or have received all necessary consents or rights.
- Upload or transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Use the Website to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation or conduct or forward surveys.
- Harvest or otherwise collect information about others, including email addresses, without their consent.
- Download any User Submission posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source.
- Restrict or inhibit any other user from using and enjoying the Website.
- Engage in any other action that, in the judgment of SWEAR WEAR, exposes it or any third party to potential liability or detriment of any type.
If you use, view, or access this Website in contravention of these Terms, or if you have repeatedly violated these Terms or a third party’s copyright, we reserve the right to terminate the permissions or rights granted to you by SWEAR WEAR and we reserve all of our rights under this Agreement, at law and in equity.
9) Notice and Procedures for Making Claims Intellectual Property Infringement
SWEAR WEAR may, in appropriate circumstances and at its sole discretion, disable and/or terminate use of the Website, Content, or Services by users who infringe on the intellectual property of others. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide SWEAR WEAR’s Copyright Agent a Notice containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website (providing URL(s) in the body of an email is the best way to help SWEAR WEAR locate content quickly);
- your name, address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe in good faith that a notice of copyright infringement has been wrongly filed by SWEAR WEAR against you, the Digital Millennium Copyright Act (“DMCA”) permits you to send SWEAR WEAR a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices of claims of copyright or other intellectual property infringement and counter-notices should be sent to SWEAR WEAR’s Copyright Agent who can be reached in the following ways:
2348 N Damen Ave.
Chicago, IL 60647
Make sure you know whether the Content that you have seen on the Website infringes your copyright. We suggest that you consult your legal advisor before filing a notice with SWEAR WEAR’s Copyright Agent, because there may be penalties for false claims. Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing Content.
11) Modifications to the Website
13) Suspension and Termination Rights
14) WARRANTY DISCLAIMER
THE WEBSITE, CONTENT AND THE INFORMATION, SERVICES, PRODUCTS, SWEEPSTAKES, CONTESTS, DRAWINGS, OR OTHER ACTIVITIES OFFERED, CONTAINED IN OR ADVERTISED ON THE WEBSITE, INCLUDING WITHOUT LIMITATION TEXT, VIDEO, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWEAR WEAR AND ITS LICENSORS, SUPPLIERS AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND CONTENT, INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
YOUR USE OF THE WEBSITE OR ANY CONTENT OR SERVICES ARE ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SWEAR WEAR EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL, CONFIDENTIAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER MALICIOUS PROGRAM WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR SUBMISSION OR THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES OR WEBSITE.
SWEAR WEAR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SWEAR WEAR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION OR COMMUNICATION BETWEEN YOU AND ANY OTHER USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
15) LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWEAR WEAR AND ITS RELATED PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OR THROUGH THE WEBSITE. IN NO EVENT SHALL SWEAR WEAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL LOSSES, EXPENSES, OR DAMAGES, EVEN IF THESE PERSONS AND ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY.
YOU SPECIFICALLY ACKNOWLEDGE THAT SWEAR WEAR SHALL NOT BE LIABLE FOR CONTENT OR THE DISPARAGING, DEFAMATORY, INDECENT, OFFENSIVE, SEXUALLY EXPLICIT OR ILLEGAL CONDUCT OR CONTENT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
16) Governing Law and Disputes
These Terms shall be governed by, and will be construed under, the laws of the State of Illinois, U.S.A., without regard to choice of law principles. You irrevocably agree to the exclusive jurisdiction by the federal and state courts located in Cook County, Illinois, U.S.A., to settle any dispute which may arise out of, under, or in connection with these Terms, as the most convenient and appropriate for the resolution of disputes concerning these Terms. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THESE TERMS, THE WEBSITE OR THE CONTENT OR SERVICES MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SUCH CLAIM OR CAUSE OF ACTION SHALL BE BARRED.
The Website is controlled within the United States of America and directed to individuals residing in the United States. Those who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. SWEAR WEAR does not represent that the Website, Content, or Services are appropriate outside the United States of America. SWEAR WEAR reserves the right to limit the availability of the Website to any person, geographic area or jurisdiction at any time in its sole discretion.
17) Ability To Accept Terms of Service
You represent and warrant that you are either at least 18 years of age (or for jurisdictions in which 18 years old is not the age of majority to legally enter into binding contracts, at least such age of majority for your jurisdiction) or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You acknowledge that we have given you a reasonable opportunity to review these Terms and that you have agreed to them.
Please direct any questions you may have about these Terms, technical questions or problems with the Website, or report a violation of theseTerms, or comments or suggestions to SWEAR WEAR at firstname.lastname@example.org.