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Terms of Use
1. ACCEPTANCE OF TERMS
Spirit Shop Inc. provides its service to you, subject to the following Terms of
Service ("TOS"), which may be updated by us from time to time without notice to
you. By accessing any page on any Spirit Shop owned web site, you agree to be
bound by these terms and conditions. In addition, when using particular Spirit
Shop services, you may be subject to additional posted guidelines or rules
applicable to our partners or affiliates, or specific to such services which
may be posted on our site or on the sites of our partners or affiliates, from
time to time. All such guidelines or rules are hereby incorporated by reference
into these TOS.
2. USE OF SERVICE
Spirit Shop currently provides users with access to a large collection of online
design and printing resources (collectively, the "Service"). Unless explicitly
stated otherwise, any new features that augment or enhance the current Service,
including the release of new Spirit Shop features, shall be subject to these
TOS. You understand and agree that the Service is provided "AS-IS" and that
Spirit Shop assumes no responsibility for the timeliness, deletion, misdelivery
or failure to store any user communication, design, graphic, or photo that you
or any other person customizes or supplies.
(a)
DESIGN SHOP GRAPHICS
Graphics selected from any of the Spirit Shop's web sites may be used on any
printed product for individual, internal or promotional non-commercial purposes
only
If you have any questions regarding the use of Spirit Shop graphics, please
contact us directly via email
info@spiritshop.com .
(b)
PERSONAL DATA
In consideration of your use of the Service, you agree to provide true accurate,
current and complete information about yourself as prompted by any personal
data request on any Spirit Shop web site. Personal Data and certain other
information about you is subject to our Privacy Policy. For more information,
please see our full privacy policy, which can be accessed through a link on our
home page.
3. CUSTOMER CONTENT
You understand that all information, data, text, photographs, graphics, messages
or other materials ("Content") are the sole responsibility of the person from
which such Content originated. This means that you, and not Spirit Shop, are
entirely responsible for all Content that you send, upload, post or otherwise
transmit via the Service. Recognizing the global nature of the Internet, you
agree to comply with all local rules regarding online conduct and acceptable
Content. You agree to not use the Service to send, upload, post or otherwise
transmit any Content that contains (i) child pornography or anything indecent,
obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a
person, a threat to injure the personal property or reputation of another
person, a threat to accuse any person of a crime, a threat to inform another
that a person has violated any law of the United States, or a threat of
blackmail; (iii) any matter advocating or urging treason, insurrection, or
forcible resistance to any law of the United States; (iv) any defamatory
remarks directed at any other person or company; or (v) any content that
infringes the intellectual property rights or other proprietary rights of
Spirit Shop or any third party. Spirit Shop does not control the Content posted
or uploaded by Customers and does not guarantee the accuracy, integrity or
quality of the Content. Under no circumstances will Spirit Shop be liable to
you in any way for any Content you may be exposed to that you may find
offensive, indecent or objectionable.
When you order a Spirit Shop item, you grant Spirit Shop the world-wide, royalty
free and non-exclusive license to use, reproduce, sublicense, modify, adapt,
publish, display and create derivative works from the Content on the Service
and on the printed product for the purposes of storing designs or processing
print orders. This license exists only for the length of time necessary for
Spirit Shop to complete your order or until you request that Spirit Shop delete
the Content from our servers.
You acknowledge that Spirit Shop may not pre-screen Content, but that Spirit
Shop and its designees shall have the right (but not the obligation) in their
sole discretion to remove any Content that violates the TOS or may otherwise be
objectionable. You further acknowledge and agree that Spirit Shop may preserve
Content and may also disclose Content if required to do so by law or in the
good faith belief that such preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims
that the Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of Spirit Shop, its users and the public.
4. INDEMNITY
You agree to indemnify and hold Spirit Shop, and its subsidiaries, affiliates,
officers, agents, co-branders, print vendors, business partners, employees,
successors or assigns harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Content you
submit, upload, post to or transmit through the Service, your use of the
Service, your connection to the Service, your violation of the TOS, or your
violation of the rights of a third party.
5. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service.
6. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Spirit Shop may establish general practices and limits
concerning your use of the Service, including without limitation the maximum
number of days that designs or other uploaded Content will be retained by the
Service, the maximum size of any Content that may be uploaded on the Service,
and the maximum disk space that will be allotted on Spirit Shop's servers for
Customer use. You agree that Spirit Shop has no responsibility or liability for
the deletion or failure to store any Content maintained or transmitted to the
Service. You acknowledge that Spirit Shop reserves the right to delete Content
stored on the Service which is inactive for an extended period of time. You
further acknowledge that Spirit Shop reserves the right to change its general
practices and limits at any time, in its sole discretion, with or without
notice to you.
7. MODIFICATION OR TERMINATION TO SERVICE
Spirit Shop reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice to you. You agree that Spirit Shop, in its sole discretion,
may terminate your password, account (or any part thereof) or your use of the
Service, and remove and discard any Content for any reason, including, without
limitation, for lack of use or if Spirit Shop believes that you have violated
or acted inconsistently with the letter or spirit of the TOS. Spirit Shop may
also in its sole discretion, and at any time, discontinue providing the
Service, or any part thereof, with or without notice to you. You agree that
Spirit Shop shall not be liable to you for any loss or damage you may suffer
due to any modification, suspension, termination or discontinuance of the
Service.
8. DEALINGS WITH THIRD PARTIES
Your correspondence or business dealings with, or participation in promotions
of, any third parties found on or through the Service, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
you and such third party. You agree that Spirit Shop shall not be responsible
or liable for any loss or damage of any sort incurred by you as the result of
any such dealings or as the result of the presence of such third parties on the
Service.
9. LINKS
From time to time, you may find, links to third party websites from the Service.
You acknowledge your understanding that your access to and use of any third
party website will be governed by the terms and conditions belonging to such
third party. Spirit Shop does not endorse and is not responsible for your use
of or exposure to any content, advertising, products, or other materials found
at or available from these websites. You further acknowledge and agree that
Spirit Shop shall not be responsible or liable, directly or indirectly, for any
damage or loss you may suffer or allege to suffer in connection with your use
of or reliance upon any content, goods or services available on or through any
third party website.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Spirit Shop EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) SPIRIT SHOP MAKES NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
(c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM SPIRIT SHOP OR THROUGH THE USE OF THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPIRIT SHOP AND ITS AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, VENDORS OR OTHER BUSINESS PARTNERS, SHALL NOT BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Spirit Shop HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR
INABILITY TO USE THE SERVICE; (ii) YOUR COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
12. TRADEMARK INFORMATION
Spirit Shop and Spirit Shop.com are trademarks of Spirit Shop Inc. You shall not
display or use in any manner, the Spirit Shop Marks, without Spirit Shop's
prior written permission. All other brand and product names found on the Spirit
Shop site are considered trademarks or registered trademarks of their
respective companies.
You may not place or reproduce any trademarks, service marks, or logos that are
not owned by you or licensed to you onto materials and merchandise to be
printed via the Spirit Shop Service. Words, names, and designs used to identify
services or products are considered trademarks, service marks, and/or logos.
The same policy applies for copyrights. You may not use copyrighted materials
from artists, photographers, publishers, writers, composers, and other authors
of original works unless they are specifically licensed to you by the copyright
holder.
13. COPYRIGHT INFRINGEMENT
Spirit Shop respects the intellectual property of others, and we ask our users
to do the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide Spirit Shop with the
following information:
(a) an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been
infringed;
(c) a description of where the material that you claim is
infringing is located on the site;
(d) your address, telephone number, and email address;
(e) 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;
(f) a statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
All communication with regard to copyright infringement should be directed to:
Spirit Shop Inc.
220 E Huron Street , 3 rd Floor
Ann Arbor , MI 48176
Ph: 734-418-2743
Fax: 866-640-3038
Email: info@spiritshop.com
14. GENERAL INFORMATION
The TOS constitutes the entire agreement between you and Spirit Shop and govern
your use of the Service, superseding any prior agreements between you and
Spirit Shop. You also may be subject to additional terms and conditions that
may apply when you use affiliate services, or third-party content. These TOS
and the relationship between you and Spirit Shop shall be governed by the laws
of the State of Massachusetts , without regard to its conflict of law
provisions. You and Spirit Shop agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Middlesex ,
Massachusetts . The failure of Spirit Shop to exercise or enforce any right or
provision of these TOS shall not constitute a waiver of such right or
provision. If any provision of these TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of these TOS remain in full force and
effect. You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Service or
these TOS must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
15. VIOLATIONS.
Please report any violations of the TOS to our Customer Service group via email
to info@spiritshop.com
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SPIRIT SHOP LEGAL NOTICE
Spirit Shop Inc. maintains Internet sites as a service to the Internet
community. Access and use of any of Spirit Shop Inc.'s Web sites are subject to
the terms and conditions set forth herein and all applicable laws. Spirit Shop
reserves the right to revise these terms and conditions from time to time by
updating this posting.
Spirit Shop invites the Internet user community to browse and peruse Spirit Shop
Web sites for the purpose of personal entertainment, making purchases,
obtaining promotions and incentive offers, information, education and/or
communication to Spirit Shop Inc.
The Spirit Shop offer is an offer to provide services and acceptance is
expressly conditioned upon your acceptance of these terms and conditions. This
agreement represents the entire agreement between you and Spirit Shop and
supersedes any and all other communications, prior, contemporaneous or
subsequent, and any course of performance or course of dealing, except as
modified by a written agreement signed by an authorized officer of Spirit Shop,
Inc. Spirit Shop reserves the right to refuse access to any and all Spirit Shop
Web sites.
Spirit Shop will use reasonable efforts to include accurate and up to date
information on Spirit Shop.com, but Spirit Shop makes no warranties or
representations as to its accuracy. All users agree that all access and use of
Spirit Shop Web sites and the content thereof is at your own risk. Neither
Spirit Shop nor its Internet service provider nor any other party involved in
creating, producing or delivering Spirit Shop Web sites or products shall be
liable for any direct, incidental, consequential, indirect or punitive damages
arising out of your access, use or inability to use Spirit Shop Web sites, or
any errors or omissions in the content thereof.
Please be advised that any communication or material you transmit to Spirit Shop
via Spirit Shop Web sites or Internet electronic mail is on a non-confidential
basis with no promise by Spirit Shop not to use such communication or material
for any purpose whatsoever, including reproduction, publication, broadcast,
posting, or other public or commercial use. Spirit Shop reserves the right not
to respond to, and/or not to post, any communication from a user. Customer data
and related profiling, collected as part of the Spirit Shop user experience
will, however, adhere to generally accepted, opt-in, permission-based marketing
standards.
Spirit Shop operates a variety of application and services in its own name and
on its own account, and, our clients using Spirit Shop web sites, in
particular, have no responsibility with respect to the provision of these web
site.
Please be advised that the images of people, places, logos and/or objects
available in Spirit Shop Web sites are either the property of, or used with
permission by, Spirit Shop. The use or misuse of those images except as
permitted by this agreement is expressly prohibited. Any impermissible use or
misuse of such images may be a violation of copyright law, trademark law, the
law of slander and libel, the law of privacy and publicity and communications
regulations and statutes.
Please be advised that SPIRIT SHOP INC, SPIRIT SHOP.COM, and PERSONALIZED
APPAREL AND GEAR are trademarks and/or service marks of Spirit Shop, Inc.
Please be advised that Spirit Shop actively and aggressively enforces its
intellectual property rights to the fullest extent of the law.
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