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Please read the following terms and conditions very carefully as
your use of services is subject to your acceptance of and compliance
with the following terms and conditions ("Terms").
By subscribing to or using any of our services you agree
that you have read, understood and are bound by the Terms,
regardless of how you subscribe to or use the services. If you do
not want to be bound by the Terms, you must not subscribe to or use
our services.
In these Terms, references to "you", "User" shall mean the end user
accessing the Website, its contents and using the Services offered
through the Website, "Service Providers" mean independent third
party service providers, and "we", "us" and "our" shall mean XTees.Com and its affiliates.
Introduction:
a)
www.tshirts.in website ("Website") is an Internet based content
and e-commerce portal owned and operated by XTEES.COM, a company
incorporated under the laws of India, with its registered office at
41, Ram Nagar, First Street, Tirupur - 641602. b) Use of the Website
is offered to you conditioned on acceptance without modification of
all the terms, conditions and notices contained in these Terms, as
may be posted on the Website from time to time. XTees.Com at its sole
discretion reserves the right not to accept a User from registering
on the Website without assigning any reason thereof.
User Account, Password, and Security:
You will receive a password and account designation upon completing
the Website registration process. You are responsible for
maintaining the confidentiality of the password and account, and are
fully responsible for all activities that occur under your password
or account. You agree to (a) immediately notify XTees.Com of any
unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end
of each session. XTees.Com cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section 2.
Services Offered:
XTees.Com provides a number of Internet-based services through the Web
Site (all such services, collectively, the "Service"). One such
service enables users to create customized merchandise like
T-shirts, mugs, etc. (collectively, "Products"). XTees.Com users may
either upload their own individual designs/photos and purchase
customized Products for their own use, or upload designs/photos
through their own page on the Website and allow it for public
viewing and use for other users to utilize your design/photo.
Upon customization as per order, XTees.Com shall ship the product to you
and be entitled to its payment for the Services. XTees.Com also offer a
number of other services on its Website, such as message boards,
forums, blogs and newsletters, which may change from time to time.
Privacy Policy:
The User hereby consents, expresses and agrees that he has read and
fully understands the Privacy Policy
Privacy Policy of XTees.Com in respect of the Website. The user
further consents that the terms and contents of such Privacy Policy
are acceptable to him.
Liimited User:
The User agrees and undertakes not to reverse engineer, modify,
copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any
information or software obtained from the Website. Limited
reproduction and copying of the content of the Website is permitted
provided that XTees's name is stated as the source and prior
written permission of XTees.Com is sought. For the removal of doubt, it
is clarified that unlimited or wholesale reproduction, copying of
the content for commercial or non-commercial purposes and
unwarranted modification of data and information within the content
of the Website is not permitted.
User Conduct and Rules:
You agree
and undertake to use the Website and the Service only to post and
upload messages and material that are proper. By way of example, and
not as a limitation, you agree and undertake that when using a
Service, you will not:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights of others;
(b) publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or
unlawful topic, name, material or information;
(c) upload files that contain software or other material protected
by intellectual property laws unless you own or control the rights
thereto or have received all necessary consents;
(d) upload or distribute files that contain viruses, corrupted
files, or any other similar software or programs that may damage the
operation of the Website or another's computer;
(e) conduct or forward surveys, contests, pyramid schemes or chain
letters;
(f) download any file posted by another user of a Service that you
know, or reasonably should know, cannot be legally distributed in
such manner;
(g) falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the origin
or source of software or other material contained in a file that is
uploaded;
(h) violate any code of conduct or other guidelines, which may be
applicable for or to any particular Service;
(i) violate any applicable laws or regulations for the time being
in force in or outside India; and
(j) violate any of the terms and conditions of this Agreement or
any other terms and conditions for the use of the Website contained
elsewhere herein.
User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner
of the content which you submit or otherwise authorised to use the
content and that the content does not infringe upon the property
rights, intellectual property rights or other rights of others. You
further warrant that to your knowledge, no action, suit, proceeding,
or investigation has been instituted or threatened relating to any
content, including trademark, trade name service mark, and copyright
formerly or currently used by you in connection with the Services
rendered by XTees.
Exactness Not Guaranteed:
XTees.Com hereby disclaims any guarantees of exactness as to the finish
and appearance of the final customized Product as ordered by the
user. The quality of any products, Services, information, or other
material purchased or obtained by you through the Website may not
meet your expectations. Alterations to certain aspects of your
custom product order such as the merchandise brand, size, color,
print process used, print size, print color etc., may be required
due to limitations caused by available product, available production
materials, production equipment capabilities, as well as limitations
caused by the quality or type of your submitted design. In this
instance you agree that XTees.Com will send an approval request via the
email address which you submitted when placing your order. If you do
not agree with the requested change you retain the right to reject
the requested production change by replying to it within 10 days of
it being sent to you. XTees.Com may re-request that you accept a
production alteration one additional time if an alternative method
to produce your merchandise is available. If you reject this 2nd
request your order will be cancelled and you will be fully refunded
via your initial method of payment.
Intellectual Property Rights:
a) Unless otherwise indicated or anything contained to the contrary
or any proprietary material owned by a third party and so expressly
mentioned, XTees.Com owns all Intellectual Property Rights to and into
the Website, including, without limitation, any and all rights,
title and interest in and to copyright, related rights, patents,
utility models, trade marks, trade names, service marks, designs,
know-how, trade secrets and inventions (whether patentable or not),
goodwill, source code, meta tags, databases, text, content,
graphics, icons, and hyperlinks. You acknowledge and agree that you
shall not use, reproduce or distribute any content from the Website
belonging to XTees.Com without obtaining authorization from XTees.Com
b)
Notwithstanding the foregoing, it is expressly clarified that you
will retain ownership and shall solely be responsible for any
content that you provide or upload when using any Service, including
any text, data, information, images, photographs, music, sound,
video or any other material which you may upload, transmit or store
when making use of our various Service. However, with regard to the
product customization Service (as against other Services like blogs
and forums) you expressly agree that by uploading and posting
content on to the Website for public viewing and reproduction/use of
your content by third party users, you accept that whereby you grant
a non-exclusive license for the use of the same.
c)
However, no royalty will be owed or paid on the sale of any product
containing any material/content which is in violation of any of the
provisions of these Terms, including but not limited to no royalty
on any images that contain objectionable content or are posted in
violation of the intellectual property, privacy or celebrity rights
of any person or entity.
Links To Third Party Sites:
The Website may contain links to other websites ("Linked Sites").
The Linked Sites are not under the control of XTees.Com or the Website
and XTees.Com is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or
any changes or updates to a Linked Site. XTees.Com is not responsible
for any form of transmission, whatsoever, received by you from any
Linked Site. XTees.Com is providing these links to you only as a
convenience, and the inclusion of any link does not imply
endorsement by XTees.Com or the Website of the Linked Sites or any
association with its operators or owners including the legal heirs
or assigns thereof. The users are requested to verify the accuracy
of all information on their own before undertaking any reliance on
such information.
Disclaimer Of Warranties/Limitation Of Liability: XTees.Com has
endeavored to ensure that all the information on the Website is
correct, but XTees.Com neither warrants nor makes any representations
regarding the quality, accuracy or completeness of any data,
information, product or Service. In no event shall XTees.Com be liable
for any direct, indirect, punitive, incidental, special,
consequential damages or any other damages resulting from: (a) the
use or the inability to use the Services; (b) unauthorized access to
or alteration of the user's transmissions or data; (c) any
other matter relating to the services; including, without
limitation, damages for loss of use, data or profits, arising out of
or in any way connected with the use or performance of the Website
or Service. Neither shall XTees.Com be responsible for the delay or
inability to use the Website or related services, the provision of
or failure to provide Services, or for any information, software,
products, services and related graphics obtained through the
Website, or otherwise arising out of the use of the website, whether
based on contract, tort, negligence, strict liability or otherwise.
Further, XTees.Com shall not be held responsible for non-availability of
the Website during periodic maintenance operations or any unplanned
suspension of access to the website that may occur due to technical
reasons or for any reason beyond XTees's control. The user
understands and agrees that any material and/or data downloaded or
otherwise obtained through the Website is done entirely at their own
discretion and risk and they will be solely responsible for any
damage to their computer systems or loss of data that results from
the download of such material and/or data.
Indemnification:
You agree to indemnify, defend and hold harmless XTees.Com from and
against any and all losses, liabilities, claims, damages, costs and
expenses (including legal fees and disbursements in connection
therewith and interest chargeable thereon) asserted against or
incurred by XTees.Com that arise out of, result from, or may be payable
by virtue of, any breach or non-performance of any representation,
warranty, covenant or agreement made or obligation to be performed
by you pursuant to these Terms.
Pricing:
Prices for products are described on our Website and are
incorporated into these Terms by reference. All prices are in Indian
rupees. Prices, products and Services may change at XTees.Com
discretion.
Shipping:
Title and risk of loss for all products ordered by you shall pass on
to you upon XTees.Com shipment to the shipping carrier.
Newsletter Subscription:
By buying on our site (or) by participating in a contest you will be
automatically be subscribed to our weekly newsletter. However, if u
are not interested u can remove yourself from the newsletter by
clicking on the removal link.
Free T-Shirt Contest:
Any free t-shirt contest hosted by xtees.com is open only to buyers
who have purchased our t-shirts on a regular price. Free t-shirt
contest is not open to any buyer who has purchased our t-shirt in an
offer price including T-Shirt of the Day, Club T-Shirts, Free
Shipping offer (or) T-Shirts purchased on a discount price using a
Discount Coupon.
Photo Contest:
Xtees.com is the final judge for photos submitted in the photo
contest. We reserve the right to decline accepting any photo. A
rejected photo hoewever will not be used in any promotion of
xtees.com.
Termination:
a) XTees.Com may suspend or terminate your use of the Website or any
Service if it believes, in its sole and absolute discretion that you
have breached a term of these Terms.
b) Notwithstanding Section 15.1 above, these Terms will survive
indefinitely unless and until XTees.Com chooses to terminate them.
c) If you or XTees.Com terminates your use of the Website or any
Service, XTees.Com may delete any content or other materials relating to
your use of the Service and XTees.Com will have no liability to you or
any third party for doing so.
d) You shall be liable to pay for any Service or product that you
have already ordered till the time of Termination by either party
whatsoever. Further, you shall be entitled to your royalty payments
that has or is legally deemed accrued to you.
Governing Law:
These terms shall be governed by and constructed in accordance with
the laws of India without reference to conflict of laws principles
and disputes arising in relation hereto shall be subject to the
exclusive jurisdiction of the courts at Bangalore.
Headings:
The headings and subheadings herein are included for convenience and
identification only and are not intended to describe, interpret,
define or limit the scope, extent or intent of the Terms or the
right to use the Website by you contained herein or any other
section or pages of the Website or any Linked Sites in any manner
whatsoever.
Interpretation Of Number And Genders:
The Terms herein shall apply equally to both the singular and plural
form of the terms defined. Whenever the context may require, any
pronoun shall include the corresponding masculine and feminine. The
words "include", "includes" and "including" shall be deemed to be
followed by the phrase "without limitation". Unless the context
otherwise requires, the terms "herein", "hereof", "hereto",
"hereunder" and words of similar import refer to the Terms as a
whole.
Severability:
If any provision of the Terms is determined to be invalid or
unenforceable in whole or in part, such invalidity or
unenforceability shall attach only to such provision or part of such
provision and the remaining part of such provision and all other
provisions of these Terms shall continue to be in full force and
effect.
Report Abuse:
As per these Terms, users are solely responsible for every material
or content uploaded on to the Website. XTees.Com does not review the
contents in any way before they appear on the Website. XTees.Com does
not verify, endorse or otherwise vouch for the contents of any user
or any content generally posted or uploaded on to the Website. Users
can be held legally liable for their contents and may be held
legally accountable if their contents or material include, for
example, defamatory comments or material protected by copyright,
trademark, etc. If you come across any abuse or violation of these
Terms, please report to
ravi.legal@tshirts.in |
