TShirtHub.com is the organization that produces the Official Website of
TShirtHub.com (the "Website"), this website is subject to the following terms of
1. Website Ownership
The Website is owned
by TShirtHub.com. All materials distributed in the Website (the "Materials") are
either owned by or licensed to TShirtHub.com and its licensors retain all
proprietary rights to the Materials. Except for downloading one copy of the
Materials on any single computer for your personal, non-commercial home use,
nor will you allow any third party (whether or not for your benefit) to copy,
reverse engineer, decompile, reverse assemble, modify or attempt to discover any
source code that the Site creates to generate its pages on the website.
You understand that
you are granted a limited non-exclusive, non-assignable, non-transferable,
personal license to read and review information on the website, and that you
images, photographs, audio clips, video clips, and other material, including the
selection and arrangements thereof. All copyrights, trademarks, service marks
and trade names (the "Material"), are the property of TShirtHub.com
and/or its subsidiaries, affiliates, assigns, licensors, including the Site’s
design, hosting, programming and contest management/prize fulfillment vendors
(collectively “operational service providers”) and/or the Site’s advertisers,
sponsors, and promotional partners (collectively “Advertisers”
), and you may not, in whole or in part, sell, lease, rent, exchange,
reproduce, archive, modify, create derivative works from, publish by hard copy
or electronic means, publicly perform, display, disseminate, distribute,
broadcast, retransmit, or circulate to any third party or on any third party
website, or otherwise use the Material in any way for any public or commercial
purpose without the express written approval of TShirtHub.com. All authorized
reproductions of TShirtHub.com materials must include the exact Copyright,
Trademark, or other proprietary notices that appear on the original material as
to the Materials may not be lawful by certain persons or in certain countries.
You also understand, acknowledge and agree that downloading of any object code
or software by website users in restricted countries is prohibited. If you
access the Site from outside of the United States, you do so at your own risk
and are responsible for compliance with the laws of your jurisdiction.
Without the prior written permission of TShirtHub.com., you agree not to display
or use in any manner, the Site’s trademarks, including without limitation,
domain names, email, newsletters, event names, slogans, and promotions.
2. Message Features
Participation. The Website may
offer opportunities for you to transmit messages in connection with various
features including vanity email, auctions and message boards ("Message
Features"). You must use Message Features in a responsible manner, and are
solely responsible for any content you transmit. You must not transmit any
message ("Message") in connection with any Message Feature that: (i) imposes
an unreasonable or disproportionately large load on the Website's
infrastructure, or otherwise adversely affects, restricts or inhibits any
other user from using and enjoying the Website; (ii) is threatening, abusive,
libelous, defamatory, obscene, vulgar, offensive, pornographic, profane,
sexually explicit or indecent; (iii) constitutes or encourages conduct that
would constitute a criminal offense, give rise to civil liability or otherwise
violate any local, state, national or international law; (iv) violates,
plagiarizes or infringes the rights of third parties including, without
limitation, copyright, trademark, patent, rights of privacy or publicity or
any other proprietary right; (v) contains a virus or other harmful component;
(vi) contains any information, software or other material of a commercial
nature; (vii) contains advertising, promotions or commercial solicitations of
any kind; (viii) constitutes or contains false or misleading indications of
origin or statements of fact; (ix) contains material irrelevant to the subject
matter of the Message Feature; or (x) contains any virus, trojan horse, worm,
time bomb, cancelbot or other similar harmful or deleterious programming
In order to participate in any Message Feature,
you may be asked to register by providing certain personal information such as
information may be collected and used.) You may also be asked select a screen
name ("Screen Name") for identification purposes. You must not use any Screen
Name that violates any term of subsections (i)-(x) above, or any other operating
term set forth by TShirtHub.com. The Store is operated by Yahoo Stores, and
for specific terms and conditions.
License. By transmitting any
Message or Screen Name, you are granting TShirtHub.com. a perpetual,
royalty-free, non-exclusive, and irrevocable right and license to reproduce,
prepare derivative works based upon, distribute, perform or display such
Message or Screen Name, in whole or in part, in any form, media or technology
known or hereafter developed.
Message and Screen Name
Review. TShirtHub.com. and its vendors act as a passive conduit in connection
with your use of Message Features. TShirtHub.com. and its vendors have the
right, but not the obligation, to review, edit or delete any Message or Screen
Name transmitted by you that they believe may create a liability for them, and
also to deny access to any Message Feature. Display of any Message or Screen
Name in any Message Feature does not constitute its approval or endorsement by
TShirtHub.com. or its vendors.
You acknowledge that Messages
and Screen Names are not confidential and they may be read, intercepted by
others and widely accessible on the World Wide Web. You acknowledge that by
submitting Messages to this Website, no confidential, fiduciary, contractually
implied or other relationship is created between you and TShirtHub.com. and
its vendors other than as expressly set forth in this Agreement.
may change, suspend or discontinue any aspect of the Website at any time,
including the availability of any Website feature, database, or content.
TShirtHub.com. may also impose limits on certain features and services or
restrict your access to parts or the entire Website without notice or liability.
4. Terms of
Sale Sales from the
TShirtHub.com Store ("Store")
The Store in the Website
allows you to order products supplied by TShirtHub.com. including, but not
limited to, officially licensed apparel of its licensors and original designs
belonging to TShirtHub.com.
ALL ORDERS ARE SUBJECT TO
PRODUCT AVAILABILITY. TSHIRTHUB.COM. EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR
LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF
TSHIRTHUB.COM., THE MERCHANDISE OFFERED BY TSHIRTHUB.COM.., ANY LOSS OR INJURY
RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE STORE. TSHIRTHUB.COM.
reserves the right to modify the price of any Merchandise or Services.
TSHIRTHUB.COM. is not responsible for any error in copy or images relating to
TShirtHub.com. will except exchanges and returns of apparel if
returned/exchanged within 30 days of purchase. Item must be new, not worn,
unwashed, and in perfect condition upon return for an exchange to occur.
Exchanged items to be shipped to TShirtHub.com., 266 N. Main Street, Suite 3,
Mansfield, MA 02048. No Refunds will be made if merchandise is not returned
within 30 days of purchase.
Gift Certificates. Within the
Store, there may be an opportunity for you to purchase and/or redeem gift
certificates (each, a "Gift Certificate). Gift Certificates are redeemable
solely for purchases in the Store. All Gift Certificates are denominated in
U.S. Dollars. Gift Certificates are valid until redeemed or abandoned.
TSHIRTHUB.COM. is not responsible for lost or stolen Gift Certificates. The
value of a Gift Certificate that is lost, stolen, destroyed, altered or used
without your permission will not be replaced or refunded. TSHIRTHUB.COM. will
not honor Gift Certificates obtained by fraud or theft. Gift Certificates are
not redeemable for cash. If the value of your Gift Certificate is greater than
the amount of your total purchase, you will be able to use the remaining Gift
the value of your Gift Certificate is less than the amount of your total Store
purchase, you must use a credit card in order to complete your purchase.
Purchasing; Price; Payment. In
order to purchase Merchandise, you must provide complete and accurate personal
information consisting of your name, address, telephone number, e-mail
address, credit card information and shipping address. (The Website's Privacy
explain how such information may be collected and
used.) Your ability to purchase Merchandise is subject to limits established
by your credit card issuer. You must notify us immediately of any change in
your credit card information, including any change to your home address.
TSHIRTHUB.COM. may bill your credit card at the time the Merchandise is
ordered or shipped. Any special order or customized/personalized products
will be billed immediately after the order is received. You must pay all
amounts accrued in your account, including sales tax and shipping and handling
charges, when due. TSHIRTHUB.COM. may in its sole discretion decline service
or terminate any account. TShirtHub.com, is not responsible for and must not
be held liable for any breaches in transaction security by any third party.
The Website may
contain links and pointers to other World Wide Web sites and resources. Links to
and from the Website to other Web sites maintained by third parties, do not
constitute an endorsement by TSHIRTHUB.COM. or any of its affiliates of any
third party Web site or content. TSHIRTHUB.COM. is not responsible for the
availability of these third party resources or their contents. You should direct
any concerns regarding any external link to its Web site administrator or
6. Disclaimer of Warranties
A. USE OF THE WEBSITE AND
MERCHANDISE ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE
FOREGOING RESTS EXCLUSIVELY WITH YOU.
B. EXCEPT FOR ANY WARRANTIES
THAT MAY BE EXPRESSLY PROVIDED BY TSHIRTHUB.COM., THE WEBSITE,
INCLUDING, BUT NOT LIMITED TO
ALL MERCHANDISE ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
C. TSHIRTHUB.COM. DOES NOT
WARRANT THAT: (1) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR
FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE, MERCHANDISE OR
SERVICES WILL BE CORRECTED; (3) THE WEBSITE, THE MERCHANDISE OR THE SERVICES
WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4)
ANY INFORMATION CONTAINED IN THE WEBSITE, THE MERCHANDISE, OR THE SERVICES
WILL BE ACCURATE OR RELIABLE.
7. Limitations on Liability
A. NOTWITHSTANDING ANY TERM IN
THIS AGREEMENT, OTHER OPERATING TERM SET FORTH BY TSHIRTHUB.COM. OR ANY ACT OR
FAILURE TO ACT BY TSHIRTHUB.COM. OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE
FOR THE CONTENT OF EVERY MESSAGE
SCREEN NAME YOU TRANSMIT VIA THE WEBSITE.
B. IN NO EVENT SHALL
TSHIRTHUB.COM. BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A
THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE SERVICES,
TICKETS OR MERCHANDISE.
C. IN NO EVENT SHALL
TSHIRTHUB.COM., ITS VENDORS OR ANY OTHER TSHIRTHUB.COM. ENTITY BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE, OR MERCHANDISE. THIS
LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TSHIRTHUB.COM. HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
THE LIABILITY OF TSHIRTHUB.COM. IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE
EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF TSHIRTHUB.COM., ITS VENDORS
AND ANY TSHIRTHUB.COM. ENTITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION
WITH THIS WEBSITE, THE MERCHANDISE OR THE SERVICES IS $50.
D. IN NO EVENT WILL
TSHIRTHUB.COM. OR ANY OTHER TSHIRTHUB.COM. ENTITY BE LIABLE FOR ANY FAILURE,
INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE, INCLUDING THE
AVAILABILITY OF ANY
You hereby agree to
indemnify and hold TSHIRTHUB.COM., harmless from all claims, liabilities,
damages and expenses (including attorneys' fees and expenses) arising out of or
relating to: (A) your use of the Website, the Services, Merchandise purchased
via the Website; or (B) any alleged breach of this Agreement by you.
change, suspend or discontinue any aspect of the Website at any time, including
the availability of any Website feature, database, or content. TSHIRTHUB.COM.
may also impose limits on certain features and services or restrict your access
to parts or the entire Website without notice or liability at any time in
TSHIRTHUB.COM., exclusive discretion, without prejudice to any legal or
equitable remedies available to TSHIRTHUB.COM., for any reason or purpose,
including, but not limited to, conduct that TSHIRTHUB.COM., believes violates
conduct which TSHIRTHUB.COM., believes is harmful to other customers, to the
TSHIRTHUB.COM., business, or to other information providers. In addition, this
Agreement may be immediately terminated at any time by TSHIRTHUB.COM., in its
sole discretion. In addition and without prejudice to any other remedy available
to TSHIRTHUB.COM., TSHIRTHUB.COM., may immediately terminate this Agreement if
you breach any term of this Agreement or other operating term set forth by
10. Choice of Law; Jurisdiction; Attorneys' Fees
This Agreement will
be governed by the laws of the Commonwealth of Massachusetts applicable to
contracts entered into and performed exclusively in that State. Any court of
competent jurisdiction sitting within the Commonwealth of Massachusetts will
have exclusive jurisdiction and venue for any dispute arising out of or relating
to this Agreement. You hereby waive any argument that any such court does not
have jurisdiction over you or such dispute or that venue in any such court is
not appropriate or convenient. TSHIRTHUB.COM. will be entitled to recover its
court costs and reasonable attorneys' fees and expenses incurred in successfully
proving any breach of any term of this Agreement.
constitutes the entire agreement between the parties, and supersedes all prior
written or oral agreements or communications with respect to the subject matter
herein. TSHIRTHUB.COM. in its sole discretion may amend this Agreement, and your
use of the Website after such amendment is posted on the Website will constitute
acceptance of it by you. Sections 6, 7, 8, 10, 11 and 13 of this Agreement will
survive any termination or cancellation of this Agreement. If any term in this
Agreement is declared unlawful, void or for any reason unenforceable by any
court, then such term will be deemed severable from the remaining terms and will
not affect the validity and enforceability of such remaining terms. The section
headings in this Agreement are for convenience only and must not be given any
By using the
Website, you signify your agreement to the terms of this Agreement. If you do
not agree to the terms in this Agreement, you must not use the Website.
TSHIRTHUB.COM., may change the terms of this Agreement at any time, and your use
of the Website after such changes are posted will mean that you accept them.
July 14, 2005