Terms of Use
Welcome to JaxTShirts.com. Before you use the JaxTShirts.com Web
Site (the "Site"), please read the following basic
terms that govern your use of the Site. By using the Site, you
agree to follow and be bound by these terms (the "Agreement").
General
We may from time to time change the rules that govern your use
of the Site. Your use of the Site following any such change
constitutes your agreement to follow and be bound by the rules
as changed. We may change, move or delete portions of, or may
add to, the Site from time to time including, but not limited
to, content and equipment and/or software needed for access
or use.
Copyrights, Trademarks and other Intellectual Property Rights
Unless otherwise noted, all materials, including images, illustrations,
designs, icons, photographs, and written and other materials
that are part of the Site are copyrights, trademarks, trade
dress and/or other intellectual properties owned, controlled
or licensed by JaxTShirts.com. The Site as a whole is protected
by copyright and trade dress, all worldwide rights, titles
and interests in and to which are owned by JaxTShirts.com.
All other trademarks, service marks, product names and company
names or logos appearing on the Site are the property of their
respective owners. Any use of such trademarks, service marks,
product names and company names or logos, including the reproduction,
modification, distribution or republication of same without the
prior written permission of the owner of same, is strictly prohibited.
The materials on the Site, and the Site as a whole, are intended
solely for personal, noncommercial use. You may download or copy
the downloadable materials displayed on the Site for your personal
use only. No right, title or interest in any downloaded materials
or software is transferred to you as a result of any such downloading
or copying. You may not reproduce (except as noted above), publish,
transmit, distribute, display, modify, create derivative works
from, sell or participate in any sale of, or exploit in any way,
in whole or in part, any of the materials on the Site, the Site
as a whole, or any related software without the prior written
permission of JaxTShirts.com. Further, you may not frame any of
the content, deep-link to the Site, trespass or scrape the Site
with automated agents without prior written permission of JaxTShirts.com.
Right to use Copyrights and Trademarks
You represent and warrant to JaxTShirts.com that you have the unrestricted
right to use, copy and distribute each copyright, trademark,
service mark, trade name, logo, statement, graphic, artwork,
name, photograph, portrait, picture or illustration of any
person or any other intellectual property ("Material")
in the way it is to be printed on or otherwise applied to the
products ordered by you. You warrant that, in obtaining the
Material and submitting it to JaxTShirts.com for reproduction,
you have not violated or infringed on any trademarks, copyrights
or other intellectual property rights of any third party. You
agree to indemnify and hold JaxTShirts.com, and its directors,
officers, employees and agents ("JaxTShirts.com Parties")
harmless from and against any suit, demand, claim, loss, liability,
damage or expense made against or incurred by JaxTShirts.com
Parties by reason of breach of this warranty, and you agree
to pay any judgment or settlement offer resulting from any
suit, demand, or claim, and to pay any attorney's fees incurred
by JaxTShirts.com Parties in defending against any such suit,
demand or claim.
The burden of determining that any Material is not protected
by trademark, service mark, copyright or other proprietary right
rests with you. You are solely responsible for obtaining proper
permissions and licenses, except as may be permitted by copyright
law, from third parties whose rights may be violated or infringed
by the use of any Material protected by trademark, service mark,
copyright or other proprietary right. To use any logo, trademark
or copyrighted items, a customer must have written permission
from the owner of the logo or trademark or copyright. A customer
may not use any logo or other graphic material in a manner which
may infringe copyright, trademark, service mark or other proprietary
mark. A customer also may not use any logo or trademark in a
vulgar, libelous, disparaging or otherwise unlawful manner. We
assume no responsibility for damages or any wrong doing that
the customer may cause using a logo, trademark or copyrighted
items. You agree to indemnify and hold the T-Shirt.com Parties
harmless from and against any suit, demand, claim, loss, liability,
damage or expense made against or incurred by JaxTShirts.com Parties
by reason of the unauthorized, improper, or illegal use of any
logo or trademark or copyright that is printed on or otherwise
applied to promotional merchandise ordered or purchased by the
customer through JaxTShirts.com.
Grant of License to JaxTShirts.com
When using our software to create any design, or when uploading
or authorizing others to upload any copyrighted, trademarked
or other protected material to JaxTShirts.com, you grant a license
to JaxTShirts.com which gives JaxTShirts.com the non-exclusive,
perpetual, irrevocable, paid-up, worldwide right and license
to use, reproduce, modify, adapt, publish, translate and distribute
such material (in whole or in part), modify and create derivative
works from such material and/or to incorporate it in other
works in any form, media or technology now known or hereafter
developed for the full term of any copyright that may exist
in such material. Subject to this grant of rights, you retain
all rights you have in such material.
Accuracy of Colors
While we have made every effort to display as accurately as possible
the colors and/or graphics of our products that appear on the
Site, we cannot guarantee that your monitor's display of any
color and/or graphic will be accurate. The colors you see will
depend on your monitor and may be different from the actual
colors of our product. We will have no liability (whether for
damages, return of merchandise for credit, or otherwise) as
a result of any variances between the appearance of colors
and/or graphics displayed on your monitor and on any finished
product purchased by you.
Duties, Taxes and Licenses
All duties, taxes and licenses incurred while shopping at JaxTShirts.com
are the sole responsibility of the customer. JaxTShirts.com cannot
be held responsible (nor vouch) for any orders with pending
taxes, duties or licenses.
Ancillary Computer Equipment and Services
You are responsible for and must provide all computer, telephone
and other equipment and services necessary to access the Site.
In addition, you are responsible for any access charges incurred
through on-line services, telephone companies, or Internet
service providers used in obtaining access to the Site.
Legal Compliance
You shall use JaxTShirts.com for lawful purposes only. You shall
not transmit through JaxTShirts.com any material which violates
or infringes in any way upon the rights of others, which is
unlawful, threatening, abusive, defamatory, invasive of privacy
or publicity rights, vulgar, obscene, profane or otherwise
objectionable which encourages conduct that would constitute
a criminal offense, give rise to civil liability or otherwise
violate any law. We reserve the right, in our sole discretion,
to refuse to produce goods and/or to terminate your access
to JaxTShirts.com for any breach of this provision or any other
provision of this Agreement.
Warranty/Disclaimer of Liability
YOU ACKNOWLEDGE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. THE
SITE IS NOT WARRANTED TO BE ERROR FREE OR UNINTERRUPTED, AND
THERE IS NO WARRANTY AS TO THE RESULTS OBTAINED THROUGH USE
OF THE SITE. THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED
ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE
SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT
YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH
ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE
IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT JaxTShirts.com
SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO
YOUR USE OF THE SITE.
Our liability to you, if any, shall not exceed the total of
the invoice for services and products provided on the transaction
in dispute. We shall not be liable for indirect, incidental,
consequential, reliance or special damages for harm to business,
lost profits, lost savings or lost revenues, whether or not we
have been advised of the possibility of such damages. We shall
not be liable for any damage that you may suffer arising out
of use, or inability to use, the services or products provided
hereunder unless such damage is a caused intentional act of JaxTShirts.com.
We shall not be liable for unauthorized access by third parties
to your transmission facilities, premises or equipment or for
unauthorized access to or alteration, theft, loss or destruction
of users network, systems, applications, data files, programs,
procedures, or information through accident, fraudulent means
or devices, or any other method. These limitations of liability
shall apply regardless of the form of action, whether in contract,
warranty, strict liability or tort, and shall survive failure
of an exclusive remedy. The provisions of this paragraph will
survive any sale completed with you and any change or elimination
of this Agreement and/or the Site.
Indemnification
You agree to indemnify, defend and hold harmless JaxTShirts.com
Parties against all damages, claims, liability, costs, and
expenses, including but not limited to reasonable attorneys
fees, arising out of violation of any of the provisions of
this Agreement by you or anyone accessing JaxTShirts.com under
your account.
Governing Law
The Site is created and controlled by JaxTShirts.com in the
State of Florida. The laws of the State of Florida will govern
all terms, conditions and disclaimers on the Site, including
this Agreement, without giving effect to any principles of
conflicts of laws.
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