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| Terms & Conditions |
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1. In General Access to and use of this Web site and the products and search
services available through this Web site (collectively, the "Services") are
subject to the following terms, conditions and notices (the "Terms of Service").
By using the Services, you are agreeing to all of these terms, conditions and
notices, without modification. Furthermore, you acknowledge that the Terms of
Service may be updated by us from time to time. This Web site also contains
links to other Web sites, Web pages and services, which are not operated by
FunkyTshirt.com (the "Linked Sites"). Your use of such Linked Sites will be subject to
the terms of service contained within each such site and the respective terms of
service will control the use of the respective site. In any event your link
through to such a site will be subject to the these Terms of Service. You
recognise that FunkyTshirt.com has no control over such Linked Sites and information,
and you accept that FunkyTshirt.com provides no guarantee as to the accuracy or
reliability of such sites or the information contained in them and you agree
that we shall have no responsibility as to whether such links locate unintended
or objectionable content or otherwise cause you distress, loss or damage.
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2. Prohibitions You will not: commit or encourage a criminal
offence; send or receive any material which is in any way offensive or obscene,
or in breach of confidence, copyright, privacy or any other rights; act contrary
to the acceptable use policies of any Linked Sites or community standards
generally; transmit or distribute a virus; hack into any aspect of the Service;
corrupt data; cause annoyance to other Users; infringe upon the rights of any
other person's trade marks or other proprietary rights; send any unsolicited
advertising or other promotional material, commonly referred to as "spam"; or
attempt to affect the performance or functionality of any computer facilities of
or accessed through the FunkyTshirt.com Web site.
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3. Intellectual Property, Software and Content The intellectual
property rights in all software made available and content supplied to you
remains the property of FunkyTshirt.com, its licensors, advertisers or content
suppliers. You will comply with the terms of any agreement required by the owner
of intellectual property rights in all software and content supplied to you as
notified to you and you hereby acknowledge that all software that is not made
readily available to you is confidential, and that all other rights including
but not limited to database rights and copyright are asserted and reserved by
FunkyTshirt.com, its licensors, advertisers or content suppliers. You may store,
manipulate, analyse, reformat, print and display the content supplied solely for
your own personal use. In no event are you permitted to publish, distribute or
otherwise reproduce in any format any of the content or copies of the content
supplied to you or which appears on the FunkyTshirt.com site and you are prohibited
from using any such content in connection with any business or commercial
enterprise including, without limitation, any media business or enterprise. You
shall not modify, translate, reverse engineer, decompile, disassemble (except to
the extent that applicable laws expressly or impliedly prohibit such
restriction) or create derivative works based on any software or any
documentation accompanying such software supplied by FunkyTshirt.com, its licensors,
advertisers or content suppliers.
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4. E-tail of Products and Services By making a
request/order you are offering to purchase a product which we will accept to
sell to you on the following Terms and Conditions. All requests are subject to
availability and confirmation of the order price by us. Dispatch times may vary
according to availability and any guarantees warranties or representations made
as to delivery times are limited to mainland UK and are on the basis that we are
not responsible for any delay in delivery occurring due to postal delays or
force majeure. FunkyTshirt.com are absolutely entitled to refuse any request made by you.
If your order is accepted we will inform you by emailing you.
When making a request you undertake that all details you provide to
us requesting goods or services are true and accurate,
that you are an authorised user of the credit or debit card used to make your
request or bid and that there are sufficient funds to cover the cost of the
goods or services. It is your responsibility to inform us of any changes to
these details as soon as possible.
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5. DISCLAIMER OF WARRANTIES THE SERVICES AND ALL INFORMATION,
PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE AND THE
LINKED SITES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ARE
SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT
PERMITTED BY LAW, FUNKYTSHIRT.COM DISCLAIMS AND EXCLUDES ALL REPRESENTATIONS AND
WARRANTIES (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT WITHOUT LIMITATION THE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION,
PRODUCTS AND CONTENT INCLUDED IN AND ACCESSIBLE FROM THIS WEB SITE OR THE LINKED
SITES.
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6. DISCLAIMER OF LIABILITY UNLESS EXPRESSLY STATED TO THE CONTRARY
TO THE FULLEST EXTENT PERMITTED BY LAW FUNKYTSHIRT.COM, ITS CONTENT PROVIDERS,
ADVERTISERS OR LINKED SITES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER,
INCLUDING BUT WITHOUT LIMITATION TO ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE,
PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED
TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THIS WEB SITE OR THE
LINKED SITES, EVEN IF FUNKYTSHIRT.COM HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES AND IRRESPECTIVE OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT,
EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE. YOU HAVE READ THIS
DISCLAIMER AND AGREE TO IT ON THE BASIS THAT YOU AGREE IT IS REASONABLE.
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7. DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS ANY TRADE MARKS/NAMES AS MAY BE
FEATURED ON THE FUNKYTSHIRT.COM WEB SITE ARE OWNED BY THE RESPECTIVE TRADE MARK OWNERS
AND FUNKYTSHIRT.COM CLAIMS NO CONNECTION, ASSOCIATION OR AFFILIATION WITH THEM. WHERE A
TRADE MARK (BRAND NAME) IS REFERRED TO IT IS USED TO DESCRIBE OR IDENTIFY THE
PRODUCTS, SERVICES OR LOCATIONS (THE "GOODS") OR ELSE IT IS USED TO IDENTIFY THE
FILM OR PROGRAMME WHERE SUCH GOODS APPEARED, BUT THAT IS IN NO WAY AN ASSERTION
OR CLAIM THAT SUCH GOODS ARE ENDORSED BY OR CONNECTED, ASSOCIATED, LINKED OR
AFFILIATED TO THE MAKERS OF THE RELEVANT FILM OR PROGRAMME.
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8. Indemnity You agree to indemnify, defend and hold harmless
FunkyTshirt.com, its directors, officers, employees, consultants, agents, and
affiliates, from any and all third party claims, liability, damages and/or costs
(including, but not limited to, legal fees) arising from, without limitation,
your use of the FunkyTshirt.com services, your breach of the Terms of Service, your
infringement of any intellectual property right or any other right of any person
or entity, or your breach of any duty of confidence or privacy, or any
defamatory statements made by you in any form.
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9. Variation of content FunkyTshirt.com shall have the right in its
absolute discretion at any time and without notice to amend, remove or vary any
of the content supplied in connection with the Service or which appears on any
page of the FunkyTshirt.com Web site.
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10. Submissions All information and material submitted by you to
FunkyTshirt.com or that you publish on any public area of the FunkyTshirt.com Web site shall
be provided by the submitter and accepted by FunkyTshirt.com on a non-confidential
basis subject to paragraph 2 above. Furthermore, FunkyTshirt.com shall be granted a
perpetual royalty-free non-exclusive license in the copyright of any material
submitted and FunkyTshirt.com shall be free to use, edit, copy, republish and
distribute (for any purpose) and authorise others to do the same, any such
information or material and any ideas contained in such information or material.
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11. Termination FunkyTshirt.com may at any time terminate or suspend any
part of the Service without notice to you.
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12. Invalidity If any part of the Terms of Service is unenforceable
(including any provision in which we exclude our liability to you) the
enforceability of any other part of the Terms of Service will not be affected
all other clauses remaining in full force and effect. So far as possible where
any clause/sub-clause or part of a clause/sub-clause can be severed to render
the remaining part valid, the clause shall be interpreted accordingly.
Alternatively, you agree that the clause shall be rectified and interpreted in
such a way that closely resembles the original meaning of the clause /sub-clause
as is permitted by law.
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13. Governing law These terms and conditions shall be construed in
accordance with English law and the courts of England OR the jurisdiction in
which you are resident or domiciled (at FunkyTshirt.com's election) shall have
jurisdiction to resolve any disputes between you and FunkyTshirt.com, without regard to
any choice of law provisions or private international law. You hereby consent to
the exclusive jurisdiction and venue of the Royal Courts of Justice, Strand,
London, UK, for any and all disputes relating to the Terms of Service, use of
this Web site or any Linked site in the event that FunkyTshirt.com have elected England
as the jurisdiction.
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14. Entire agreement The above Terms of Service constitute the
entire agreement of the parties and supersede any and all preceding and
contemporaneous agreements between you and FunkyTshirt.com. Any waiver of any provision
of the Terms of Service will be effective only if in writing and signed by a
Director of FunkyTshirt.com.
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