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Nasty Women Shirts Terms of Service

Nasty Women Shirts is pleased to provide to you its Nasty Women Shirts website, content, products, and services (“Services”). These Terms of Service (“Terms”) govern your use and our provision of the Services.  You access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or order items offered.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES.

BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS AND REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OLD OR OLDER. IF YOU DO NOT AGREE TO THESE TERMS OR YOU ARE YOUNGER THAN EIGHTEEN (18) YEARS OLD, DO NOT USE THIS SITE.

  1. Contract between You and Us

This is a contract between you and Nasty Women Shirts, a California corporation located in Los Angeles. You must read and agree to these Terms before using the Services.  If you do not agree, you may not use the Services.  These Terms describe the limited basis on which the Services are available and supersede prior agreements or arrangements.

We may amend these Terms. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Services.  If you do not agree to any change to these Terms, you must discontinue using the Services.  Our customer service representatives are not authorized to modify any provision of these Terms, either verbally or in writing.

We may immediately terminate this contract with respect to you, including your access to the Services. Cause for such termination shall include, but is not limited to: breaches or violations of these Terms or other incorporated agreements or guidelines; requests by law enforcement or other government agencies; a direct request by you; discontinuance or material modification to the Services, or any part thereof; unexpected technical or security issues or problems; and, extended periods of inactivity. Absent a request from you, Nasty Women Shirts does not intend to terminate your account without good cause; however, you agree that any unilateral termination of the account by Nasty Women Shirts is ultimately a decision vested in Nasty Women Shirts ’s sole discretion.

  1. The Services

The Services contain information and content

The Services are our copyrighted property or the copyrighted property of our licensors, licensees, sponsors, or partners, and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Services are owned by us or our licensors, licensees, sponsors, or partners.  Except as we specifically agree in writing, no element of the Services may be used or exploited in any way other than as part of the Services offered to you. You may own the physical media on which elements of the Services are delivered to you, but we retain full and complete ownership of the Services.  We do not transfer title to any portion of the Services to you.

Disclaimers and Limitation on Liability

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”  WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.

YOU AGREE THAT NASTY WOMEN SHIRTS , INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS AND/OR REPRESENTATIVES, SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, ARISING OUT OF YOUR ACCESS TO OR USE OF OUR SERVICES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY OF OUR SERVICES.

The Services contain, among other things, information, materials, and content (collectively, “Third-Party Content”) that is made available for your convenience and entertainment. Content may be provided by third parties. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY, CURRENCY, OR RELIABILITY OF ANY THIRD-PARTY CONTENT. YOU AGREE THAT NASTY WOMEN SHIRTS , INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS AND/OR REPRESENTATIVES, SHALL NOT BE HELD LIABLE FOR ANY ERRORS, OMISSIONS, INACCURACIES, DELAYS, OR FAILURES IN PERFORMANCE RESULTING FROM THIRD-PARTY CONTENT OR CAUSES BEYOND OUR REASONABLE CONTROL.

The Services are not to be used for or in conjunction with any illegal activities. The Services are intended for informational and entertainment purposes only. YOU AGREE THAT NASTY WOMEN SHIRTS, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS AND/OR REPRESENTATIVES, SHALL NOT BE HELD LIABLE FOR ANY ACTIVITIES TAKEN BY YOU THAT MAY VIOLATE ANY LAWS TO WHICH YOU ARE SUBJECT. WE DO NOT REPRESENT OR WARRANT THAT ACTIONS YOU TAKE RELATED TO THE SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION, AND IT IS THEREFORE INCUMBENT UPON YOU TO KNOW THE LAWS THAT PERTAIN TO YOU WITHIN YOUR JURISDICTION AND TO ACT LAWFULLY AT ALL TIMES WHEN USING THE SERVICES.

THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR JURISDICTION.

Changes to the Services

The Services are constantly evolving and will change over time.  If we make a material change to the Services, we will provide you with reasonable notice and you will be entitled to terminate this contract.

Additional Restrictions on Use of the Services

We do not allow unauthorized uses of the Services that are commercial or business-related, or that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations).  You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Service or connected network, or interfere with any person or entity’s use or enjoyment of any Service.  Additionally, you agree not to access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Services using a robot, spider, scraper or other automated means or manual process without our express written permission.

Third-Party Services and Content

The Services may integrate, be integrated into, or be provided in connection with third-party websites, services, or content. We do not control those third-party services and content. You should read the terms of use agreements and privacy policies that apply to such third-party services and content. Descriptions of, or references or links to, third-party websites, services, products or publications within the Services do not imply endorsement of those third-party websites, services, products or publications. You agree that Nasty Women Shirts  will not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as a result of your activities related to those third parties or their websites, services, products or publications.

Mobile Networks

When you access the Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply.  Downloading, installing or using certain Services may be prohibited or restricted by your network provider and not all Services may work with your network provider or device.

Intellectual Property Ownership

Unless otherwise noted, all text, content and documents in the Services, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Services, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works in the Services (“Our Content”) are owned by Nasty Women Shirts  (or its affiliates) or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Nasty Women Shirts and you, all right, title and interest in and to Our Content will at all times remain with Nasty Women Shirts  and/or its Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used in the Services, are registered and/or common law trade names, trademarks or service marks of Nasty Women Shirts .

Limited Use; Restrictions On Use

You are permitted to use Our Content and/or our Services for lawful purposes as provided in these Terms only; any other use or misuse of Our Content is strictly prohibited. Nasty Women Shirts  grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without right to sublicense, under the following conditions: you shall not, without Nasty Women Shirts ’ express written consent: (a) copy, retransmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute Our Content, or modify or re-use all or part of Our Content, (b) use any tradename, trademark, or brand name of Nasty Women Shirts  in metatags, keywords and/or hidden text, (c) create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way, and (d) use our Services, Our Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Nasty Women Shirts , the Owner, or any third party referenced therein. Nasty Women Shirts  reserves all other rights. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in Our Content. Except as expressly provided herein, nothing in our Services shall be construed as conferring any license under Nasty Women Shirts ’ and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Nasty Women Shirts  may revoke any of the foregoing rights and/or your access to the Services, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

  1. Your Content and Account

Accounts

Some Services permit or require you to create an account to participate or to secure additional benefits.  You agree to provide and maintain accurate, current and complete information, including your age, your contact information for notices and other communications from us, and your payment information.  You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness.  You agree that we may take steps to verify the accuracy of information you provide, including your age and contact information.

We may suspend or terminate your account and your ability to use the Services if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with any of these Terms or any supplemental terms.

  1. Paid Transactions

Payments and Billing

When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information.  We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.

Pricing; Taxes

The rates and charges imposed by us for subscriptions are set at our discretion and subject to change. If you pay a periodic subscription fee for any Services, we will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be able to cancel your subscription prior to such change.

  1. Competitions

Competitions that you enter on the Services may have supplemental rules and conditions, but the following general rules apply absent contrary terms in any supplemental rules or conditions for the competition.

Entries

Your competition entry is User Generated Content and subject to all provisions of these Terms that govern your submission and our use of your User Generated Content.  We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or containing false information.  Competition entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted.  Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified.

We reserve the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice.  We will do so if it cannot be guaranteed the competition can be carried out fairly or correctly for technical, legal or other reasons, or if we suspect that any person has manipulated entries or results, provided false information or acted unethically.  If we cancel or terminate a competition, prizes may be awarded in any manner we deem fair and appropriate consistent with local laws governing the competition.

Information collected from entrants is subject to Nasty Women Shirts ’s Privacy Policy. Participation in any competition constitutes full and unconditional agreement to and acceptance of these Terms and the decisions of Nasty Women Shirts , which are final and binding. Winning Additional Provisions

Submissions and Unsolicited Ideas Policies

In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.

Binding Arbitration and Class Action Waiver

You and Nasty Women Shirts agree to arbitrate all disputes between you and Nasty Women Shirts  or its affiliates, except disputes relating to the enforcement of Nasty Women Shirts ’ or its affiliates’ intellectual property rights.  “Dispute” includes any dispute, action or other controversy between you and us concerning the Services or these Terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.  You and Nasty Women Shirts  empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.

In the event of a dispute, you or Nasty Women Shirts  must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested.  You must send any notice of dispute to Nasty Women Shirts,Attention: Legal/Arbitration Notice.  We will send any notice of dispute to you at the contact information we have for you.  You and Nasty Women Shirts  will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent.  After sixty (60) days, you or we may commence arbitration.  You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.

If you and Nasty Women Shirts do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act.  YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.  Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes.  For more information, visit www.adr.org or, in the United States, call 800-778-7879.  Arbitration may be conducted in person, through the submission of documents, by phone or online.  The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim..

PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS.  Neither you nor Nasty Women Shirts will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.  No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding.  If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

Choice of Forum

You agree that any action at law or in equity arising out of or relating to these Terms or the Services that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the State of Illinois, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.

Choice of Law

These Terms are governed by and construed in accordance with the laws of the State of Illinois and the laws of the United States, without giving effect to any conflict of law principles.

Severability

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Survival

The provisions of these Terms which by their nature should survive the termination of these terms shall survive such termination.

Waiver

No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Last updated: March 22, 2017