|
|
|
Terms of Use |
Welcome to Two
Chicks Designs.com. Before you
use the Two Chicks 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”).
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.
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
Two Chicks Designs. 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 Two Chicks Designs.
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
Two Chicks Designs. 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 Two Chicks
Designs.
You represent and warrant to Two
Chicks Designs 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 Two Chicks 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 Two Chicks
Designs, and its directors,
officers, employees and agents
(“Two Chicks Designs Parties”)
harmless from and against any
suit, demand, claim, loss,
liability, damage or expense
made against or incurred by Two
Chicks Designs 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 Two Chicks Designs
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 Two Chicks Designs
harmless from and against any
suit, demand, claim, loss,
liability, damage or expense
made against or incurred by Two
Chicks Designs 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 Two Chicks
Designs.
When using our software to
create any design, or when
uploading or authorizing others
to upload any copyrighted,
trademarked or other protected
material to Two Chicks Designs
you grant a license to Two
Chicks Designs which gives Two
Chicks Designs 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.
All comments, feedback,
suggestions, ideas and other
submissions disclosed, submitted
or offered to Two Chicks Designs
or otherwise disclosed,
submitted or offered in
connection with your use of the
Site shall be and remain Two
Chicks Designs property. Such
disclosure, submission or offer
shall constitute an assignment
to Two Chicks Designs of all
worldwide rights, titles and
interests in all copyrights and
other intellectual property
rights in such comments,
feedback, suggestions, ideas and
other submissions.
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.
All duties, taxes and licenses
incurred while shopping at Two
Chicks Designs are the sole
responsibility of the customer.
Two Chicks Designs cannot be
held responsible (nor vouch) for
any orders with pending taxes,
duties or licenses.
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.
You shall use Two Chicks Designs
for lawful purposes only. You
shall not transmit through Two
Chicks Designs 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 Two Chicks Designs for any
breach of this provision or any
other provision of this
Agreement.
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 Two Chicks Designs 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 Two
Chicks Designs. 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.
You agree to indemnify, defend
and hold harmless Two Chicks
Designs 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 Two
Chicks Designs under your
account.
The Site is created and
controlled by Two Chicks
Designs, Inc. in the State of
Kansas. The laws of the State of
Kansas will govern all terms,
conditions and disclaimers on
the Site, including this
Agreement, without giving effect
to any principles of conflicts
of laws. |
|
|
|