Some crap we wanna say and some crap you wanna know, just in case you start a crappy lawsuit because you fell off a chair or squeezed a styrofoam cup of hot coffee between your fat legs from laughing your ass off at one of our shirts.
TERMS & CONDITIONS OF USE:
Welcome to PrettySickShirts.com! Before you use our web site (the "Site"), please read the following terms that govern your use of our Site. By using the Site, you agree to follow and be bound by these terms (the "Agreement").
Throughout our Site, the terms "we", "us", "our", "Pretty Sick Shirts", "PrettySickShirts", "PrettySickShirts.com", or any other reference relating to PrettySickShirts.com refers to PrettySickShirts.com's owner(s) (the "Company", d/b/a PrettySickShirts.com) as appropriate in the context.
GENERAL:
From time to time we may 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 of the Site.
ACCURACY:
While we strive to be 100% accurate, occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, and availability. We reserve the right to correct all errors, inaccuracies, or omissions to update or change the information at any time without prior notice (including after orders have been submitted). We apologize for any inconvenience this may cause you.
All prices displayed on our Site are in U.S. ($) dollars and valid only within the United States. We also reserve the right to change prices at any time.
COPYRIGHT:
All content included (but not limited to) on our Site such as text, graphics, logos, button icons, images, audio clips, digital downloads, submissions and/or contributions, data compilations, and software, is the exclusive property of this Site's owner or its content suppliers/respective owners and protected by United States and international copyright laws.
PrettySickShirts.com grants you a NON-EXCLUSIVE LICENSE to use ONLY text, graphics, logos, images or icons for your personal use that is NON-COMMERCIAL (Not-For-Profit) in nature, such as email, blogs, computer desktop wallpaper, social networking (Facebook, MySpace, Twitter, etc.), or for news releases and reporting purposes.
In the case of COMMERICIAL (For Profit) uses, you MUST be signed up as an Affiliate of PrettySickShirts.com and abide by the Terms of Use for Affiliates. PrettySickShirts.com reserves the right to (1) Change the terms of this agreement at any time, and (2) To inform you of any non-compliance or infraction of Terms of Use and you agree to either (A) Cease and Desist immediately, or (B) To follow our corrective action instructions.
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 PRETTYSICKSHIRTS.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 caused by an intentional act of PrettySickShirts.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 transaction completed with you and any change or elimination of this Agreement and/or the Site.
COPYRIGHTS, TRADEMARKS & INTELLECTUAL PROPERTY:
All materials, unless otherwise noted, including images, illustrations, designs, icons, photographs, text and verbiage (quips and quotes), and other materials that are part of the Site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by PrettySickShirts.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 PrettySickShirts.com or owned by PrettySickShirts.com's owner(s).
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 PrettySickShirts.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 PrettySickShirts.com.
RIGHT TO USE COPYRIGHTS AND TRADEMARKS:
You represent and warrant to PrettySickShirts.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") for any and all submissions by you to PrettySickShirts.com.
You warrant that, in obtaining the Material and submitting it to PrettySickShirts.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 PrettySickShirts.com and its directors, officers, employees and agents, successors and assigns ("PrettySickShirts.com Parties") harmless from and against any suit, demand, claim, loss, liability, damage or expense made against or incurred by PrettySickShirts.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 PrettySickShirts.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 PrettySickShirts.com Parties harmless from and against any suit, demand, claim, loss, liability, damage, or expense made against or incurred by PrettySickShirts 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 PrettySickShirts.com.
GRANT OF LICENSE TO PRETTYSICKSHIRTS.COM:
When you, or authorized agents of yours, send, submit, upload, mail or email any copyrighted, trademarked, or other protected material to PrettySickShirts.com, you grant a license to PrettySickShirts.com which gives PrettySickShirts.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.
If you are under 18 years of age, ensure your parent or legal guardian has read and agreed to these terms before you send or submit any images, videos, graphics, drawings, designs, suggestions, ideas, text, comments or other content to PrettySickShirts.com. All material (including but not limited to) images, videos, graphics, drawings, designs, suggestions, ideas or comments submitted by you to PrettySickShirts.com shall become the property of PrettySickShirts.com.
Because PrettySickShirts.com becomes the owner of all submitted materials, you understand the materials may be made available to the public by PrettySickShirts.com for viewing, reviewing, rating and commenting by the public, without compensation to you of any kind. You understand any comments or ratings could be made by others that you disagree with or are unhappy about, may become associated with any images, videos, graphics, drawings, designs, suggestions, ideas, text, comments or other content or information that you submit to PrettySickShirts.com.
By submitting any images, videos, graphics, drawings, designs, suggestions, ideas, text, comments or other content or information to PrettySickShirts.com, you hereby waive any privacy expectations you may have with respect to any such images, videos, graphics, drawings, designs, suggestions, ideas, text, comments or other content or information submitted by you to PrettySickShirts.com.
If you Do Not Agree to this Grant of License to PrettySickShirts.com, do not send, submit, upload, mail or email any material (including but not limited to) images, videos, graphics, drawings, designs, suggestions, ideas or comments to us.
LEGAL COMPLIANCE:
You shall use PrettySickShirts.com's Site for lawful purposes only. You shall not transmit through PrettySickShirts.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, invasive of privacy or publicity rights, or that 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 PrettySickShirts.com for any breach of this provision or any other provision of this Agreement.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS:
All comments, feedback, suggestions, ideas and other submissions disclosed, submitted, or offered to PrettySickShirts.com or otherwise disclosed, submitted, or offered in connection with your use of the Site shall be and remain PrettySickShirts.com’s property. Such disclosure, submission, or offer shall constitute an assignment to PrettySickShirts.com of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such comments, feedback, suggestions, ideas, and other submissions.
DUTIES, TAXES, AND LICENSES:
All duties, taxes, and licenses incurred while shopping at PrettySickShirts.com are the sole responsibility of the customer. PrettySickShirts.com cannot be held responsible (nor vouch) for any orders with pending taxes, duties or licenses.
SALES AND USE TAX POLICY:
PrettySickShirts.com recognizes that sales tax is a very important source of funding for most state and local governments. We have prepared this to explain to you when and why we collect sales tax on your purchases.
IMPORTANT NOTICE: Your purchase is NOT exempt from tax merely because PrettySickShirts.com has elected not to collect the tax from you at the time of your purchase. Unless you live in Alaska, Delaware, Montana, New Hampshire. or Oregon, your state most likely requires purchasers to report all purchases that are not taxed and pay tax on those purchases. The tax may be reported and paid on your individual income tax return or by filing a consumer use tax return. For more information, please visit your state's department of revenue website.
PrettySickShirts.com collects sales tax in states where we have physical presence (or nexus), which is currently in the state of Nevada.
PrettySickShirts.com also may also collect sales tax in Streamlined Sales and Use Tax States, including Arkansas, Georgia, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Nebraska, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Washington, West Virginia, Wisconsin and Wyoming. At this time we are not collecting any sales tax for these states, but may do so in the future. As we do not currently collect sales tax for these states, you may be required to report all purchases that are not taxed and pay tax on those purchases.
PrettySickShirts.com does not collect sales tax in any states NOT listed above because PrettySickShirts.com is not required to collect sales or use tax in these states.
For Our Tax Exempt Customers: PrettySickShirts.com does not collect sales tax if we have your exemption certificate on file, or you are shipping your order to a state that does not collect state or local sales or use tax.
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.
INDEMNIFICATION:
You agree to indemnify, defend, and hold harmless PrettySickShirts.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 PrettySickShirts.com under your account.
GOVERNING LAW:
The Site is created and controlled by PrettySickShirts.com in the State of Nevada. The laws of the State of Nevada 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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