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YOU MUST AGREE
TO OUR TERMS OF USE BEFORE PLACING AN ORDER
TERMS OF USE -
Welcome to www.theheadchange.com. Before you
use the TheHeadChange.com Web Site (the “Site”), please read the
following basic terms that govern your use of the Site. By using the
Site, you agree to follow and be bound by these terms (the
“Agreement”).
By using TheHeadChange.com website,
including placing orders as a Client, you agree to be legally bound by
these Terms and Conditions, including those terms and conditions
incorporated by reference. Please read these terms carefully. If you do
not accept these Terms and Conditions stated here without modification,
you may not use the website service provided by TheHeadChange.com.
TheHeadChange.com may revise these Terms and Conditions at any time by
updating this posting.
You are agreeing to the following terms
General
We may from time to time 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.
Copyrights,
Trademarks and other Intellectual Property Rights
Unless otherwise noted, all materials,
including images, illustrations, designs, icons, photographs, and
written and other materials that are part of the Site are copyrights,
trademarks, trade dress and/or other intellectual properties owned,
controlled or licensed by TheHeadChange.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 TheHeadChange.com.
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, and commercial use. You
may not download or copy the downloadable materials displayed on the
Site for your personal use, unless otherwise specified on the site. 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 TheHeadChange.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 TheHeadChange.com.
Right
to use Copyrights and Trademarks
You represent and warrant to
TheHeadChange.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”) in the way it is to be printed on or otherwise applied to
the products ordered by you. You warrant that, in obtaining the
Material and submitting it to TheHeadChange.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 TheHeadChange.com, and its directors, officers, employees and
agents (“TheHeadChange.com Parties”) harmless from and against any
suit, demand, claim, loss, liability, damage or expense made against or
incurred by TheHeadChange.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 TheHeadChange.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 TheHeadChange.com Parties harmless from and against any suit,
demand, claim, loss, liability, damage or expense made against or
incurred by TheHeadChange.com 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 TheHeadChange.com.
Grant
of License to TheHeadChange.com
When uploading or authorizing others to
upload any copyrighted, trademarked or other protected material to
TheHeadChange.com, you grant a license to TheHeadChange.com which gives
theheadchange.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. Subject to this grant of rights, you retain all rights you
have in such material.
User
Comments, Feedback and other Submissions
All comments, feedback, suggestions,
ideas and other submissions disclosed, submitted or offered to
theheadchange.com or otherwise disclosed, submitted or offered in
connection with your use of the Site shall be and remain
TheHeadChange.com property. Such disclosure, submission or offer shall
constitute an assignment to TheHeadChange.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.
Accuracy
of Colors
While we have made every effort to
display as accurately as possible the colors and/or graphics of our
products that appear on the Site, we cannot guarantee that your
monitor’s display of any color and/or graphic will be accurate. The
colors you see will depend on your monitor and may be different from
the actual colors of our product. We will have no liability (whether
for damages, return of merchandise for credit, or otherwise) as a
result of any variances between the appearance of colors and/or
graphics displayed on your monitor and on any finished product
purchased by you.
Duties,
Taxes and Licenses
All duties, taxes and licenses incurred
while shopping at theheadchange.com are the sole responsibility of the
customer. TheHeadChange.com cannot be held responsible (nor vouch) for
any orders with pending taxes, duties or licenses.
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.
Legal
Compliance
You shall use theheadchange.com for
lawful purposes only. You shall not transmit through theheadchange.com
any material which violates or infringes in any way upon the rights of
others, which is unlawful, threatening, abusive, defamatory, invasive
of privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable 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 theheadchange.com for any breach of
this provision or any other provision of this Agreement.
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
THEHEADCHANGE.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 a caused intentional
act of theheadchange.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 sale
completed with you and any change or elimination of this Agreement
and/or the Site.
Indemnification
You agree to indemnify, defend and hold
harmless TheHeadChange.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 theheadchange.com under your
account.
Governing Law
The Site is created and controlled by
Matt Jameson, founder and resident artist of TheHeadChange.com in the
state of Oregon. The laws of the State of Oregon will govern all terms,
conditions and disclaimers on the Site, including this Agreement,
without giving effect to any principles of conflicts of laws.
Privacy Statement
At TheHeadChange.com, we are committed
to protecting your privacy and we acknowledge that you may have
concerns regarding the use of personal information. With our statement,
we intend to explain how we use the information we have gathered from
our visitors or members.
Use of Information
At TheHeadChange.com, we gather and
store certain types of information you provide to us through our
website, surveys, or other data gathering methods. This information
includes contact, demographic and financial information. We use the
contact and demographic information to communicate effectively with you
and to create a more personalized shopping experience. As a user of the
Site, you hereby authorize TheHeadChange.com to collect and use such
information in connection with any online or offline offering or any
electronic mail offering directed to you.
Children
Of course TheHeadChange.com does not
sell products for purchase by children but we do sell children’s
products for purchase by adults. In compliance with the Children’s
Online Privacy Protection Act of 1998 (COPPA), if you are under the age
of 13, you may use TheHeadChange.com only with involvement of a parent
or guardian.
Third
Party Communication
In an effort to enhance your shopping
experience, we may use your contact and demographic information we have
collected through our website, surveys, or other data gathering methods
to send you news, offers and e-mails from some of our partners. To opt
out of receiving news, offers and e-mails simply email
TheHeadChange.com at theheadchange@hotmail.com.
Links to a Third
Party Site
As a part of our business relationships,
we may from time to time have banner or link redirects to a third party
accessible from the TheHeadChange.com Site. Any transactions that occur
between you and a third party are strictly between you and the third
party and are not the responsibility of theheadchange.com. In addition
TheHeadChange.com is also not responsible for the content of a third
party site, the availability of a Privacy Policy or other legal notices.
Sale of Our Company
As our company grows, there is a
possibility that we could be sold to another company. In the event that
we are acquired by another company or a significant portion of our
assets is sold to another company, all of the customer information
including both financial records and consumer information that we have
collected may be transferred to the new company.
Security
Respectfully, TheHeadChange.com is
committed to ensuring the security of your information. To help prevent
unauthorized access or disclosure, maintain data accuracy, and ensure
the appropriate use of information, we have put in place appropriate
physical, electronic, and managerial procedures to safeguard and secure
the information we collect online. We use encryption when collecting or
transferring sensitive data such as credit card information. Preventing
credit card fraud is important to protect your personal financial data
security.
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