TERMS OF SERVICE
Last updated: August 3, 2011
This page describes the terms and conditions (“Terms of Service”) that govern your use of certain products offered by SHIRTS OF THE WORLD, LLC (“SHIRTS OF THE WORLD”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES OFFERED BY SHIRTS OF THE WORLD WORLDWIDE, LLC. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF SHIRTS OF THE WORLD AND THE SERVICES OWNED AND OPERATED BY SHIRTS OF THE WORLD. BY USING SHIRTS OF THE WORLD IN ANY MANNER, INCLUDING BUT NOT LIMITED TO, VISITING OR BROWSING THE SITE WWW.SHIRTS OF THE WORLD.COM, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF SHIRTS OF THE WORLD, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER INFORMATION OR MATERIALS ON THE SITE.
1. ACCEPTANCE OF TERMS OF SERVICE By accessing, browsing, or otherwise using the www.SHIRTS OF THE WORLD.com website (the "Service") you agree that you fully understand and agree to be bound by the terms and conditions stated in these Terms of Service.
2. DESCRIPTION OF THE SERVICE Adults Only. The Service is intended for adults only. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the SHIRTS OF THE WORLD.com website is not intended for children under 13. If you are under 13 years of age, then please do not use the SHIRTS OF THE WORLD.com website as there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you. In accordance with Federal Children's Online Privacy Protection Act of 1998 (COPPA), SHIRTS OF THE WORLD will never knowingly solicit nor will it accept personally identifiable information from individuals known to be under thirteen (13) years of age. Please see our Privacy Policy for more information including how to notify us of any concerns in this regard. Right to Modify Service. SHIRTS OF THE WORLD reserves the right to immediately change, suspend, remove, or discontinue any part of the Service or any content (whether submitted by SHIRTS OF THE WORLD or by a member) for any reason, without prior notice or liability. Changes to these Terms of Service. SHIRTS OF THE WORLD reserves the right to modify these Terms of Service at any time, and without prior notice, by posting amended terms at this website, SHIRTS OF THE WORLD.com. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 14 days of their posting on the SHIRTS OF THE WORLD.com website. If we make changes, we will post them and will indicate the Terms of Service effective date. We will also email the new Terms of Service to the email address provided by registered members in their member profile. Your continued use of the Service indicates your acceptance of the current Terms of Service. Links to Other Sites and Resources. The Service contains links to other websites or resources. SHIRTS OF THE WORLD has no control over such external sites and resources. You agree that (i) SHIRTS OF THE WORLD is not responsible for the availability or accuracy of such external sites and resources, and (ii) SHIRTS OF THE WORLD does not endorse nor is it responsible or liable for any Content, advertising, products, or materials on or available from such external sites and resources.
3. PRIVACY POLICY SHIRTS OF THE WORLD takes the privacy of its members very seriously. By accepting the Terms of Service, you agree to be bound by our Privacy Policy.
4. WARRANTY DISCLAIMERS YOU AGREE THAT YOUR USE OF THE SERVICE PROVIDED BY SHIRTS OF THE WORLD SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SHIRTS OF THE WORLD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SHIRTS OF THE WORLD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. SHIRTS OF THE WORLD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SHIRTS OF THE WORLD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
5. LIMITATION OF LIABILITY YOU AGREE THAT SHIRTS OF THE WORLD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS 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, SHIRTS OF THE WORLDWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE SHIRTS OF THE WORLDS AND SERVICES RESULTING FROM ANY SHIRTS OF THE WORLDS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) 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. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
6. MISCELLANEOUS Entire Agreement. The Terms of Service, including SHIRTS OF THE WORLD's Copyright Policy and Privacy Policy which are hereby incorporated by reference, constitute the entire agreement between you and SHIRTS OF THE WORLD and governs your use of the Service, superseding any prior agreements between you and SHIRTS OF THE WORLD. Governing Laws. The Terms of Service will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Waiver and Severability. The failure of SHIRTS OF THE WORLD to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is invalid, illegal, or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties to this Agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. Notices. SHIRTS OF THE WORLD may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other service-related announcements, by email and/or by postings on the Service (for example, by posting to the homepage, or on the relevant page(s) of the Service affected by such changes). Trademarks. SHIRTS OF THE WORLD, the SHIRTS OF THE WORLD logo, and other SHIRTS OF THE WORLD logos and names are trademarks of SHIRTS OF THE WORLD. You agree not to display or use these trademarks in any manner without SHIRTS OF THE WORLD's prior, written consent. Contact Information. Please send any questions or comments, or report any Terms of Service violations, to info [at] SHIRTS OF THE WORLD.com.