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This
web site, and the information, content, products and services it makes
available (which, collectively are referred to as the "Web Site"), is
provided to you by TYKECOON APPAREL. These Terms of Use (this
"Agreement") set forth the terms and conditions governing your use of
this Web Site.
Modifications to this Agreement
TYKECOON
APPAREL may make changes to this Agreement from time to time at its
sole discretion, by updating this posting on this Web Site, and
specifying the effective date of the new version of the Agreement. Your
continued use of the Web Site, following the posting of a new version
of the Agreement constitutes your acceptance of any such changes.
Accordingly, whenever you visit this Web Site you should check to see
if a new version of the Agreement has been posted.
Privacy
Our current practices are defined in our Privacy Policy and we may update our policies and practices from time to time at our sole discretion.
Content Disclaimer
A
variety of information, advice, recommendations, letters, messages,
comments, posts, text, graphics, software, music, sound, photographs,
videos, data, and other materials ("Content") is available on the Web
Site. Some of the Content is provided by TYKECOON APPAREL or its
suppliers, and other Content is provided by persons who use the Web
Site ("Users"), such as User opinions and views provided via posts to
chat rooms, blogs, bulletin boards, or discussion forums. While
TYKECOON APPAREL strives to keep the Content that it posts on the Web
Site accurate, complete, and up-to-date, TYKECOON APPAREL cannot
guarantee, and is not responsible for, the accuracy, completeness, or
timeliness of any Content, whether provided by TYKECOON APPAREL or its
suppliers, or by Users of the Web Site. Any opinions, advice,
statements or other information expressed or made available by Users or
third parties, including but not limited to bloggers, are those of the
respective User or other third party and not of TYKECOON APPAREL.
TYKECOON APPAREL does not endorse and is not responsible for the
accuracy or reliability of any opinion, advice or statement made on the
Web Site.
TYKECOON APPAREL does not have any
obligation to prescreen, edit, or remove any Content provided by Users
that is posted on or available through the Web Site.
TYKECOON
APPAREL will have the right (but not the obligation), in its sole
discretion and for any reason, to prescreen, edit, refuse to accept,
remove, or move any such Content.
Content Submitted By Users
Representations
Made and Rights Granted. You are responsible for all Content that you
submit, post, or otherwise make available to or through the Web Site.
By doing so, you represent and warrant to TYKECOON APPAREL that such
content is not confidential and that you have all necessary permission
to submit, post and otherwise make available such Content. TYKECOON
APPAREL makes no claims to ownership of Content that you submit, post
or otherwise make available to or through the Web Site and you continue
to retain all ownership rights in such Content and the right to use
your Content as you determine. However, you do grant to TYKECOON
APPAREL and its affiliates a worldwide, nonexclusive, perpetual, fully
sub-licensable, royalty-free right and license as set delineated below:
With
respect to Content other than photos, graphics, audio, video, or
journals that you submit, post or otherwise make available to public
areas of the Web Site (e.g. not intended as a private communication),
the license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute , publicly perform, and
publicly display such Content (in whole or part) worldwide via the Web
Site or otherwise, and/or to incorporate it in other works in any form,
media, or technology now known or later developed; and with respect to
photos, graphics, audio, video or journals that you submit, post or
otherwise make available to public areas of the Web Site, the license
to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, publicly perform and publicly display such
Content for the purpose for which such Content was submitted, posted or
made available.
Ownership and Intellectual Property Rights
Ownership
This
Web Site is owned by TYKECOON APPAREL. All right to, title to, and
interest in the Content available via the Web Site, the Web Site's look
and feel, the designs, trademarks, service marks, and trade names
displayed on the Web Site, and the Web Site URLs, are the property of
TYKECOON APPAREL or its licensors, and are protected by copyrights,
trademarks, patents, or other proprietary rights and laws.
License to Use Content
TYKECOON
APPAREL grants you a nonexclusive, nontransferable, revocable, limited
license to view, copy, print, and distribute Content retrieved from the
Web Site only for your personal, noncommercial use, provided that you
do not remove or obscure any copyright notice, trademark notice, or
other proprietary rights notices displayed on or in conjunction with
the Content. You may not use any Content available via the Web Site in
any other manner or for any other purpose without the prior written
permission of TYKECOON APPAREL. All rights not expressly granted in
this Agreement are expressly reserved to TYKECOON APPAREL.
Trademarks
All
trademarks, service marks, logos and designs used on this Web Site,
whether registered or unregistered, are owned by TYKECOON APPAREL or
other third parties. You may not use or display any trademarks, service
marks, logos or designs owned by TYKECOON APPAREL or its affiliates
without our prior written consent.
Third Party Web Sites
Your
dealings with advertisers or other third parties found on or accessible
through the Web Site are solely between you and the third party. These
dealings include, but are not limited to, your participation in
promotions, the payment for and delivery of items if any, and any
terms, conditions, warranties, or representations associated with such
dealings. These links are provided solely as a convenience to Users and
should not be construed as an endorsement by TYKECOON APPAREL of
content, items, or services on those third-party Web sites. You access
and use such sites, including the content, items, or services on those
sites, solely at your own risk. TYKECOON APPAREL does not make any
representations or warranties with respect to any content or privacy
practices, or otherwise with respect to such third parties or any items
or services that may be obtained from such third parties, and you agree
that TYKECOON APPAREL will have no liability with respect to any loss
or damage of any kind incurred as a result of any dealings between you
and any third party, or as a result of the presence of such third
parties on the Web Site.
Disclaimer of Warranties
THE
WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TYKECOON
APPAREL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT
TYKECOON APPAREL DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET
YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE
UNINTERRUPTED,
TIMELY,
SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
TYKECOON APPAREL MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY,
OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE.
Limitations of Liability
TYKECOON
APPAREL AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE
RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE
BASED ON THE CONTENT AVAILABLE VIA THE WEB SITE. YOU MUST EVALUATE, AND
BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY
RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.
YOU SPECIFICALLY ACKNOWLEDGE THAT TYKECOON APPAREL IS NOT LIABLE FOR
THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.
ADDITIONALLY,
IN NO EVENT WILL TYKECOON APPAREL OR ITS AFFILIATES BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES,
INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS
OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY
OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY,
WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT
LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE
INABILITY TO USE, THE WEB SITE OR ANY ITEM PURCHASED AT THE STORE; (2)
THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES;
(3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR
(5) ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL
APPLY WHETHER OR NOT TYKECOON APPAREL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Indemnification
You
agree to indemnify and hold harmless TYKECOON APPAREL, its directors,
officers, employees, agents, and affiliates, from and against any and
all liability, damages, losses, claims, expenses of any kind
(including, without limitation, reasonable attorneys' fees) directly or
indirectly related to (1) your breach of the Agreement; or (2) the
Content you submit, post, or transmit through the Web Site.Modification
or Suspension of the Web SiteTYKECOON APPAREL may at any time modify,
discontinue, or suspend its operation of this Web Site, or any part
thereof, temporarily or permanently, without notice to you.
Termination
Either
party may terminate the Agreement for any or no cause, at any time, by
notice, which shall be effective immediately or as specified in the
notice. After termination, you shall no longer access the Web Site. The
provisions of this Agreement which by their intent or meaning intended
to survive such termination shall continue to apply indefinitely.
Severability of Agreement
If
any provision of the Agreement is found by a court or other binding
authority to be invalid, you agree that every attempt shall be made to
give effect to the parties' intentions as reflected in that provision,
and the remaining provisions contained in the Agreement shall continue
in full force and effect.
Applicable Law
This
Agreement and the resolution of any dispute related to this Agreement
or the Web Site shall be governed by and construed in accordance with
the laws of California without giving effect to any principles of
conflicts of law. Any legal action or proceeding between TYKECOON
APPAREL and you related to the Agreement shall be brought exclusively
in a court of competent jurisdiction sitting in Los Angeles,
California, United States, and you agree to submit to the personal and
exclusive jurisdiction of such courts. |