TERMS OF USE OF HEADLINESHIRTS.NET
1. BINDING EFFECT: This is a binding agreement. By using the site located at www.headlineshirts.net (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Headline Shirts, LLC (“Company”) from time to time and in its sole discretion. Company will post a notice on the Site ay time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Services and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
2. PRIVACY POLICY: Company respects your privacy and permits you to control the treatment of your personal information. Please review Company’s current Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference. Additionally, when submitting information to the Site or Service, you must provide complete and accurate information requested on the registration or submission form. You are entirely responsible for maintaining the confidentiality of your password,
Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.
3. USER CONTENT: You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, uploading, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the business of the Company, its affiliates, officers, directors, employees, consultants, agents and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you won the rights to the User
Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
4. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS: When accessing or using the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content, including User Content, (collectively, “Content”) in violation of Company’s or any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any Content you provide, post, or transmit, or that is provided or transmitted by you, or by using your user name or user ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
5. INAPPROPRIATE CONTENT: You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that: (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening, or that you know is false or misleading; (b) is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual; (c) advocates or encourages conduct that could constitute a criminal offense, gives rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation, including but not limited to any violation of or attempt to violate the privacy, publicity, intellectual property, contractual, or any other right of any person; (d) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Site or Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
6. COPYRIGHT INFRINGEMENT: Company has in place certain legally mandated procedures regarding allegations of copyright and other forms of intellectual property infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party. Company’s policy is to investigate any allegations of intellectual property infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the subject work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it to Company's designated agent at:
Designated Agent
HEADLINE
827 Valencia Street #101
San Francisco, CA 94110
7. ALLEGED VIOLATIONS: Company reserves the right to terminate your use of the Service and/or the Site at any time. Company also reserves the right, in its sole discretion, to reject, to refuse to post, or to delete any Content on the Site for any reason. To ensure that Company provides a high quality experience for you and for other users of the Site and Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other prohibited uses of the Site or any other violations of these Terms. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law. Company reserves the right to terminate your account or your access to the Site or Service immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or Service by others. Company assumes no responsibility for monitoring the Site for prohibited Content or conduct. If at any time Company chooses, in its sole discretion, to monitor the Site, Company assumes no responsibility or liability for User Content or conduct, assumes no obligation to modify or remove prohibited Content, and assumes no responsibility or liability for prohibited users.
8. NO WARRANTIES: COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AND SERVICE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
9. NO LICENSE: Nothing contained on the Site or Service should be understood as granting you a license to use any of the copyrighted material, trademarks, service marks, Content, or logos owned by Company or any third party.
10. LIMITED LIABILITY: COMPANY'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
11. AFFILIATED SITES: Company has no control over, and no liability for any third party websites, contents or
materials. Company works with a number of third parties whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these third parties, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such third parties, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those third party sites. Similarly, from time to time in connection with your use of the Site or Service, you may have access to content that is owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for this content, and unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
12. PROHIBITED USES: Company imposes certain restrictions on your permissible use of the Site and the Service. You are also prohibited from engaging in the following activities, or assisting others in engaging in the following activities, in using the Site or Service: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site or any associated system or network, or to breach security or authentication measures without proper authorization, including circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Site or Service; (c) interfering or attempting to interfere with service to any User, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Service to send unsolicited e-mails, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service; (g) modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the Site or Services other than your User Content, through or in connection with your use of the Site;
13. INDEMNITY: You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site or Services, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
14. COPYRIGHT & INTELLECTUAL PROPERTY: All contents of Site or Service are: Copyright © 2004-2019 Headline Shirts, LLC. All rights reserved. Additionally, all contents of the Site and Service, such as text, graphics, logos, button icons, images, audio and/or video media, digital downloads, data compilations, and Software, and the compilation thereof, are the property of Company and is protected by U.S. and international intellectual property laws. All software used in conjunction with this Site and Service s is the property of Company or its software suppliers and protected by United States and international intellectual property laws.
15. GOVERNING LAW: These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Francisco, California, USA in all disputes arising out of or related to the use of the Site or Services.
16. SEVERABILITY: If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.
17. WAIVER: No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
18. MODIFICATIONS: Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site or Service following notice of any revision, you shall abide by any such revisions.
19. ACKNOWLEDGEMENT: BY ACCESSING THE SITE OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.