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Please read this Terms of Service agreement carefully. Your use of the Site (as defined below) constitutes your agreement to this Terms of Service agreement.

 

This Terms of Service Agreement (the “Agreement”) is between you (“you”) and GLOW, LLC (“Company,” “we,” “us”), concerning your use of https://watkinstee.wixsite.com/glow (together with any successor site(s) and all Services (as defined below), the “Site”).

Your uploaded images are your property and remain your property, furthermore your images are safe and secure and will not be used for any purpose other than the intended printing of your T-Shirt(s). By proceeding and submitting images and or text to us for your T-Shirt design you acknowledge and confirm that you have the legal right under applicable copyright and trademark laws and permissions to use the images and or text that you upload to our site.

1. Acceptance of Terms. The Site is made available by Company subject to this Agreement. We reserve the right to update or make changes to this Agreement from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. When using any Services (as defined below), you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into this Before providing us with any Content, you will have obtained the rights necessary for the exercise of all rights granted under this Agreement, and you will be solely responsible for and will pay any licensors or co-owners any royalties or other monies due to them related to such Content; and
d. None of the following will violate any Law; require us to obtain any license, authorization, or other permission from any governmental agency or other third party; contain any defamatory material; or violate or infringe any intellectual property, proprietary, or other rights of any person or entity (including contractual rights, copyrights, trademarks, patents, trade dress, trade secret, common law rights, rights of publicity, or privacy, or moral rights): (i) the exercise of any rights granted under this Agreement; (ii) your Content or the production, sale, distribution, or promotion of the Content or Products as authorized in this Agreement; or (iii) any marketing, advertising, or promotion by you or on your behalf in connection with any Content or Products.

2. Jurisdictional Issues. The Site is controlled and operated by Company from the United States, and is not intended to subject Company to the laws or jurisdiction of any state, country or territory other than that of the United States. {Company does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States.} Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

3. Description of the Services. We provide users of the Site with access to certain content and services related to Hasslefreetshirts.com which may include, music, videos, blogs, photographs, graphics, images, text, data, user comments, opinions, postings, weekly alerts, messages and other similar content (such content and services, collectively, the “Services”).

4. Rules of Conduct. While using the Site you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the following rules of conduct. You will not:

Post, transmit, or otherwise make available, through or in connection with the Site:

Anything that is or may be (a) threatening, harassing, degrading or hateful; (b)defamatory; (c) fraudulent or tortious; (d) obscene, indecent or otherwise objectionable; or (e) protected by copyright, trademark or other proprietary right without the express prior consent of the owner of such right.
Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
Frame or mirror any part of the Site without Company’s express prior written consent.
Create a database by systematically downloading and storing all or any Site content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, without Company’s express prior, written consent.

5. Rules for Promotions. Any sweepstakes, contests, raffles or other promotions (collectively, “Promotions”) made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Company urges you to review any applicable rules (any such rules will be linked from the particular Promotion), and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such Promotions. To the extent that the terms and conditions of such rules conflict with the terms and conditions of this Agreement, the terms and conditions of such rules shall control.

6. Company’s Proprietary Rights. The information and materials made available through the Site, including the Services, are and shall remain the property of Company and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Except as expressly authorized in advance by Company, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site.

Trade names, trademarks and service marks of Company include without limitation, https://watkinstee.wixsite.com/glow and any associated logos. The trade names, trademarks and service marks owned by Company, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Company trade names, trademarks or service marks without our express prior written consent.

PLEASE NOTE THAT UNAUTHORIZED USE OF ANY SERVICE OR PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE USED BY THE SERVICES, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, (INCLUDING, WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.

7. Links. The Site may provide links to other web sites and online resources. Because Company has no control over such sites and resources, you acknowledge and agree that neither Company nor the Affiliated Entities are responsible for the availability of such external sites or resources, and Company nor the Affiliated Entities neither endorse nor are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that Company and the Affiliated Entities do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

Company shall have the right, at any time and in its sole discretion, to block links to or from the Site through technological or other means without prior notice.

8. Limitations of Liability and Disclaimer of Warranties. THE SITE AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. COMPANY AND THE AFFILIATED ENTITIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.

NEITHER COMPANY, ANY AFFILIATED ENTITY, WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER COMPANY, ANY AFFILIATED ENTITY, NOR THEIR RESPECTIVE ARTISTS WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY COMPANY OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO Company TO ACCESS AND USE THE SITE.

While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. If you become aware of any unauthorized third party alteration to the Site, contact us at info@hasslefreetshirt.com with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.

Disclaimers and Limitations of Liability. THE PROGRAM AND ANY PROGRAM MATERIALS ARE PROVIDED “AS IS.” WE WILL IN NO EVENT BE LIABLE FOR ANY LOSS OF DATA OR CONTENT, LOSS OF PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR RELIANCE DAMAGES ARISING FROM OR IN RELATION TO THIS AGREEMENT, OR FOR ANY EQUITABLE REMEDY OF DISGORGEMENT OR OTHERWISE, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. IN NO EVENT WILL OUR LIABILITY HEREUNDER EXCEED THE AMOUNT OF ROYALTIES DUE AND PAYABLE TO YOU UNDER THIS AGREEMENT FOR THE ONE MONTH PERIOD PRECEDING SUCH CLAIM. WE SPECIFICALLY DISCLAIM, WITH RESPECT TO ALL SERVICES, SOFTWARE, CONTENT OR PRODUCTS PROVIDED BY OR ON BEHALF OF US IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM OR PROGRAM MATERIALS, ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT WE CANNOT ENSURE THAT CONTENT SUBMITTED BY OR ON BEHALF OF YOU WILL BE PROTECTED FROM THEFT OR MISUSE, AND WE WILL HAVE NO LIABILITY ARISING FROM A FAILURE OF ANY SECURITY TECHNOLOGY OR PROCEDURE.

9. Indemnity. You agree to defend, indemnify and hold harmless Company and the Affiliated Entities and their respective artists, sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of your use of, or any violation of this Agreement by you, the Site; or activities in connection with. You will indemnify, defend and hold us (including any respective officers, directors, employees, contractors and assigns) harmless from and against any loss, claim, liability, damage, action or cause of action (including reasonable attorneys’ fees) that arises from any claim relating to any Content, or from any breach of your representations, warranties or obligations set forth in this Agreement (individually, a “Claim,” and collectively, the “Claims”). You will not consent to the entry of a judgment or settle a Claim without our prior written consent, which may not be unreasonably withheld. You will use counsel reasonably satisfactory to us to defend each Claim. If we reasonably determine that a Claim might adversely affect us, we may take control of the defense at our expense (and without limiting your indemnification obligations). Your obligations under this Section are independent of your other obligations under the Agreement.

10. Termination. This Agreement is effective until we deem it to be terminated. Company, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason. You agree that Company, the Affiliated Entities, and their respective artists shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.

11. Governing Law; Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of the State of Florida, U.S.A., without regards to its principles of conflicts of law. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods. You agree to exclusive jurisdiction by the federal and state courts located in Palm Beach County, Florida, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.

You understand and agree that any unauthorized use of the Site, the Products, or any related software or materials, would result in irreparable injury to Company and the Affiliated Entities, for which money damages would be inadequate, and in such event Company and the Affiliated Entities, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this section or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that Company and the Affiliated Entities may have under separate legal authority, including, without limitation, any claim for intellectual property infringement.

12. Enforcement. Company reserves the right to takes steps that Company believes are necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including, without limitation, Company’s right to cooperate with any legal process relating to your use of the Site and/or Products, and/or a third party’s claims that your use of the Site and/or Products is unlawful and/or infringes such third party’s rights).

13. Contact Us. If you have any questions regarding the meaning or application of this Agreement, please direct such questions to info@hasslefreetshirts.com. We would be happy to expound.

14. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in Company’s discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for failures to fulfill any obligations due to causes beyond its control.

15. With regards to the designs which are submitted to Hasslefreetshirts.com the following restrictions shall apply and will be in violation of our terms for printing:

a. Legal:
1. Copyright: Designs that incorporate copyrights which you don’t have the rights to use, or copied from someone else. It is your responsibility to ensure that your content doesn’t violate copyright laws. Designs with the same idea/concept are allowed; the artwork itself, however cannot be copied without the owner’s permission.
2. Trademark: Designs that incorporate trademarks which you don’t have the rights to use. It is your responsibility to ensure that your content doesn’t violate trademark or other rights.

b. Objectionable Content
1. Pornographic Content: Designs with pornography or offensive depictions of graphic sexual acts.
2. Child Exploitation: Designs that depict minors in a sexually suggestive manner.
3. Profanity: Designs with curse words or variations of curse words.
4. Promotion of Hate or Intolerance: Designs that explicitly promote, glorify, or incite hatred, intolerance or exploitation of a group or individual based upon any of the following traits: race, ethnic origin, gender, gender identity, sexual orientation, religion or disability.
5. Human Tragedy: Designs that depict a human tragedy, are directly connected with a tragedy, or treat human life satirically.
6. Promotion Of Violence: Designs that promote violence, glorify violence, or attempt to incite violence through cruelty, death, or torture against an individual or a group of individuals. Content depicting or encouraging mass murder and suicide are not acceptable.

c. Design & Descriptions

1. Blank Designs: Designs which are blank.

2. Content mismatch/spelling: Spelling should match in the title, description, and imagery used.

3. Inaccurate product descriptions: Product descriptions should match the design and content that you are selling.

4. Solicitations for positive customer reviews: Metadata that solicits positive reviews for your design or product, or uses quotes or testimonials in the description.

5. Design Quality: Artwork that contains low design quality, including blurry images, or low resolutions.

All materials © 2020 GLOW, LLC unless otherwise noted. All rights reserved.

©2020 by GLOW Custom T-Shirts and Designs. Proudly created with Wix.com

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