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Terms
1. Terms and Conditions Acceptance
By visiting or engaging with Babo Shirts you agree to follow these Terms of Use. Babo Shirts may choose to update these Terms of Use at any time without notifying you. These Terms of Use create a binding agreement between Babo Shirts and your interaction with Babo Shirts (including Babo Shirt’s website www.baboshirts.com). By interacting with Babo Shirts you agree to abide by Babo Shirt’s Terms of Use and Privacy Policy. Please read all information carefully. If you do not agree to follow these Terms of Use and all laws that apply please do not visit the Babo Shirt’s website (www.baboshirts.com) or interact with Babo Shirts in any way.
2. Website Access
By accessing the Babo Shirts website you agree to comply with the following conditions:
1. you will not copy or distribute any part of the Babo Shirts website without prior written consent from Babo Shirts
2. your use of the Babo Shirts website is strictly for personal use and is not to be used for commercial use
3. you will not modify any part of the Babo Shirts website
4. you will abide by all terms stated in the Terms of Use
5. the use of “robots,” “spiders,” or other devices which may harm the Babo Shirts website is strictly prohibited
6. you agree to not collect any personal information such as account names, email addresses, user submissions, user photos etc. for commercial means
If you create an account or registering with Babo Shirts you are required to comply with these additional conditions:
7. you will not access another users account without their permission
8. all information you provide when creating an account or registering must be true, accurate, current, and complete; if any information changes you agree to update it as soon as possible
9. you are responsible for all activity on your account
10. you must keep your password secure and can update your password at any time using your Account Profile Page
11. if you suspect suspicious activity on your account you must notify Babo Shirts immediately
12. Babo Shirts cannot and will not be liable for any information which is lost, stolen, or damaged due to failure to comply with these Terms of Use
13. you are of legal age to form a binding contract and have not been restricted by Babo Shirts from using the website
14. if Babo Shirts suspects that you have violated these Terms of Use in any way Babo Shirts reserve the right to suspend you account, terminate your account, and or ban you from future use of the Babo Shirts website
3. The Babo Shirts Website (Babo Shirt’s Website)
These Terms of Use apply to all persons who interact with the Babo Shirts website. The website may have links or connections to third party companies which are not related to Babo Shirts. Babo Shirts assumes no responsibility for the content or policies of these third party companies. When visiting any third party companies you wave Babo Shirts of any liability.
4. Intellectual Property Rights
All content (excluding user submissions) on the Babo Shirts website are owned by Babo Shirts and are subject to copyright and other intellectual property rights as stated under United States and international law. This content may not be used in any way including but not limited to; used, distributed, broadcast, transmitted, displayed, licensed, or copied. Any use of this content must have prior written consent from Babo Shirts.
5. User Submissions
Babo Shirts cannot and will not be help liable for all user submitted content including but not limited to; comments, ideas, designs, suggestions, opinions, photographs, videos, music, sounds, messages, posts and other content. Babo Shirts does not support or confirm the accuracy or quality of any user submissions on the Babo Shirts website. By viewing and interacting with this content you agree to waive Babo Shirts of all liability regarding this content and you do so at your own risk. Users bear the responsibility for all content that they choose to share on Babo Shirt’s Website.
All user submitted content must be original content created by the user. Those users found to have submitted someone else’s content and portrayed it as their own will be subject to account suspension, account termination, and or ban from future use of the Babo Shirts website. Designs previously published in any location other than Babo Shirts may not be submitted.
If you choose to post User Submissions on Babo Shirt’s Web pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of Babo Shirts reflects your respect for the legal rights of users connected with Babo Shirts. You understand that Babo Shirts does not guarantee any confidentiality with respect to any User Submission
User Submissions may not contain any third party intellectual property unless provided by Babo Shirts. Please remember, although we may provide logos, trademarks, services marks or copyrighted materials to you, you may not manufacture, distribute or sell any products whatsoever that incorporate any such materials.
Babo Shirts reserves the right to reject any submission that it deems in its sole discretion to be vulgar, profane, offensive, or inappropriate.
Designs accepted into Babo Shirts contests and posted to the website may be removed from the contest and website at anytime prior to voting ending due to poor performance or at the sole discretion of the Babo Shirts staff.
All submitted designs become temporary property of Babo Shirts for a period of 365 days from the date of submission upon the terms set out in this paragraph. So during that period the user should not use the designs in a manner contrary to this paragraph. If the design is printed within the 365 day period, the user understands and agrees that Babo Shirts then retains permanent exclusive rights to that design for commercial use on apparel and other promotional products (subject to the payment terms agreed upon by Babo Shirts and the user), and the user hereby irrevocably assigns such rights to Babo Shirts. If the user is not agreeable to this, the user should not submit designs to Babo Shirts. If a design is not printed by Babo Shirts within the 365 day period, the user automatically retains full rights to their design and may elect to have their design removed from the Babo Shirts archives by contacting support@baboshirts.com.
Babo Shirts reserves the right to make necessary minor adjustments or changes to submitted designs in order to conform artwork to manufacturing requirements. Babo Shirts also reserves the right to make any other final decisions pertaining to a design's ink colors, sizing, placement, appliqué, or embroidery.
Babo Shirts expressly disclaims any and all liability in connection with User Submissions. Babo Shirts reserves the right to remove Content and User Submissions in its sole discretion and without prior notice. Babo Shirts also reserves the right to terminate a user's access to the Website at any time in its sole discretion and without prior notice.
6. Rules of Conduct
The following rules of conduct apply to your use of the Website and to any and all materials you post on Babo Shirts, including text, data, graphics, audio or video content, music, sound, chat, messages, files or other material (collectively User Submissions) whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of Babo Shirts.
You may not, in connection with the Website:
* upload, post, email or otherwise transmit any User Submission that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
* infringes or violates any patent, copyright, trademark, trade secret or other property right;
* breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
* a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
* constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
* violates or encourages others to violate any applicable law, statute, ordinance or regulation;
* promotes software or services that deliver unsolicited e-mail; or
* contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.
You may not, except with Babo Shirt’s express advance authorization or in a specially designated area, use the Website to:
* Upload, post, email or otherwise transmit any User Submission that provides any telephone numbers, street addresses, last names, URLs or email address; or
* engage in commercial activities within Babo Shirts;
* harm minors in any way;
* solicit personal information from anyone under 18;
* provide false or deceptive information;
* use Babo Shirts content to engage in commercial activities;
* delete, add or otherwise change other people’s entries or other Content when you have not been granted the privileges to do so; or
* allow usage by others in such a way as to violate Babo Shirt’s Terms of Use.
7. Design and Idea Submissions
If you are submitting a design or idea to Babo Shirts, you agree to additional Terms and Conditions.
8. Copyright Infringement
Babo Shirts respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with Babo Shirts and the Website, you may not post, modify, distribute, or reproduce in any way any User Submission that is copyrighted material belonging to others, without obtaining their prior written consent. This specifically includes the submission of a design or idea. Babo Shirts reserves the right, in its discretion, to remove any User Submission if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.
If you believe that your work has been copied or posted on the Website in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
Babo Shirts
Address:
Gyeonggi-do Goyang-si, Ilsandong-gu,
Janghang-dong 756-3, Crystal Building #206
zip code: 410-380
Phone: 070 4136 2226
Email: support@baboshirts.com
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
9. Modifications to the Website
Babo Shirts reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Babo Shirts shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
10. Termination
Babo Shirts may, under certain circumstances and without prior notice, immediately terminate your Babo Shirts account and access to the Website and any other Babo Shirts services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Use other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Website or any other Babo Shirts product. Termination of your Babo Shirts account includes: (a) removal of access to all pages within the Website; (b) deletion of your password and all related information, files and materials, including User Submissions associated with or inside your account (or any part thereof); and (c) barring of further use of the Website. Further, you agree that all terminations for cause shall be made in Babo Shirt’s sole discretion and that Babo Shirts shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.
11. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BABO SHIRTS, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF BABO SHIRTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BABO SHIRTS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE 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 WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 WEBSITE. BABO SHIRTS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND BABO SHIRTS 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BABO SHIRTS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. 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.
12. Limitation of Liability
IN NO EVENT SHALL BABO SHIRTS, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF BABO SHIRTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 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 OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BABO SHIRTS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
13. Indemnity
You agree to defend, indemnify and hold harmless Babo Shirts, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Babo Shirts, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.
14. Ability to Accept Terms of Use
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 Use, and to abide by and comply with these Terms of Use. Babo Shirts is not intended for children under 13. If you are under 13 years of age, then please do not use the Babo Shirts Website.
15. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Babo Shirts without restriction.
16. Copyright Notice
The Babo Shirts Website is © 2010 – All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Babo Shirts.
17. Trademarks
All of the Babo Shirts trademarks are owned by Babo Shirts and may not be used for any purpose without the prior written permission of Babo Shirts.
18. General
If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Babo Shirt’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Babo Shirts reserves the right to amend these Terms of Use at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
19. Violations of These Terms of Use
Please report any violations of the Terms of Use, including objectionable User Submissions or behavior, to support@baboshirts.com. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Babo Shirts in its sole discretion may investigate the matter and take such action as Babo Shirts determines to be appropriate.
20. Updates to Terms of Use
Terms of Use updated May 01, 2010.
By visiting or engaging with Babo Shirts you agree to follow these Terms of Use. Babo Shirts may choose to update these Terms of Use at any time without notifying you. These Terms of Use create a binding agreement between Babo Shirts and your interaction with Babo Shirts (including Babo Shirt’s website www.baboshirts.com). By interacting with Babo Shirts you agree to abide by Babo Shirt’s Terms of Use and Privacy Policy. Please read all information carefully. If you do not agree to follow these Terms of Use and all laws that apply please do not visit the Babo Shirt’s website (www.baboshirts.com) or interact with Babo Shirts in any way.
2. Website Access
By accessing the Babo Shirts website you agree to comply with the following conditions:
1. you will not copy or distribute any part of the Babo Shirts website without prior written consent from Babo Shirts
2. your use of the Babo Shirts website is strictly for personal use and is not to be used for commercial use
3. you will not modify any part of the Babo Shirts website
4. you will abide by all terms stated in the Terms of Use
5. the use of “robots,” “spiders,” or other devices which may harm the Babo Shirts website is strictly prohibited
6. you agree to not collect any personal information such as account names, email addresses, user submissions, user photos etc. for commercial means
If you create an account or registering with Babo Shirts you are required to comply with these additional conditions:
7. you will not access another users account without their permission
8. all information you provide when creating an account or registering must be true, accurate, current, and complete; if any information changes you agree to update it as soon as possible
9. you are responsible for all activity on your account
10. you must keep your password secure and can update your password at any time using your Account Profile Page
11. if you suspect suspicious activity on your account you must notify Babo Shirts immediately
12. Babo Shirts cannot and will not be liable for any information which is lost, stolen, or damaged due to failure to comply with these Terms of Use
13. you are of legal age to form a binding contract and have not been restricted by Babo Shirts from using the website
14. if Babo Shirts suspects that you have violated these Terms of Use in any way Babo Shirts reserve the right to suspend you account, terminate your account, and or ban you from future use of the Babo Shirts website
3. The Babo Shirts Website (Babo Shirt’s Website)
These Terms of Use apply to all persons who interact with the Babo Shirts website. The website may have links or connections to third party companies which are not related to Babo Shirts. Babo Shirts assumes no responsibility for the content or policies of these third party companies. When visiting any third party companies you wave Babo Shirts of any liability.
4. Intellectual Property Rights
All content (excluding user submissions) on the Babo Shirts website are owned by Babo Shirts and are subject to copyright and other intellectual property rights as stated under United States and international law. This content may not be used in any way including but not limited to; used, distributed, broadcast, transmitted, displayed, licensed, or copied. Any use of this content must have prior written consent from Babo Shirts.
5. User Submissions
Babo Shirts cannot and will not be help liable for all user submitted content including but not limited to; comments, ideas, designs, suggestions, opinions, photographs, videos, music, sounds, messages, posts and other content. Babo Shirts does not support or confirm the accuracy or quality of any user submissions on the Babo Shirts website. By viewing and interacting with this content you agree to waive Babo Shirts of all liability regarding this content and you do so at your own risk. Users bear the responsibility for all content that they choose to share on Babo Shirt’s Website.
All user submitted content must be original content created by the user. Those users found to have submitted someone else’s content and portrayed it as their own will be subject to account suspension, account termination, and or ban from future use of the Babo Shirts website. Designs previously published in any location other than Babo Shirts may not be submitted.
If you choose to post User Submissions on Babo Shirt’s Web pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of Babo Shirts reflects your respect for the legal rights of users connected with Babo Shirts. You understand that Babo Shirts does not guarantee any confidentiality with respect to any User Submission
User Submissions may not contain any third party intellectual property unless provided by Babo Shirts. Please remember, although we may provide logos, trademarks, services marks or copyrighted materials to you, you may not manufacture, distribute or sell any products whatsoever that incorporate any such materials.
Babo Shirts reserves the right to reject any submission that it deems in its sole discretion to be vulgar, profane, offensive, or inappropriate.
Designs accepted into Babo Shirts contests and posted to the website may be removed from the contest and website at anytime prior to voting ending due to poor performance or at the sole discretion of the Babo Shirts staff.
All submitted designs become temporary property of Babo Shirts for a period of 365 days from the date of submission upon the terms set out in this paragraph. So during that period the user should not use the designs in a manner contrary to this paragraph. If the design is printed within the 365 day period, the user understands and agrees that Babo Shirts then retains permanent exclusive rights to that design for commercial use on apparel and other promotional products (subject to the payment terms agreed upon by Babo Shirts and the user), and the user hereby irrevocably assigns such rights to Babo Shirts. If the user is not agreeable to this, the user should not submit designs to Babo Shirts. If a design is not printed by Babo Shirts within the 365 day period, the user automatically retains full rights to their design and may elect to have their design removed from the Babo Shirts archives by contacting support@baboshirts.com.
Babo Shirts reserves the right to make necessary minor adjustments or changes to submitted designs in order to conform artwork to manufacturing requirements. Babo Shirts also reserves the right to make any other final decisions pertaining to a design's ink colors, sizing, placement, appliqué, or embroidery.
Babo Shirts expressly disclaims any and all liability in connection with User Submissions. Babo Shirts reserves the right to remove Content and User Submissions in its sole discretion and without prior notice. Babo Shirts also reserves the right to terminate a user's access to the Website at any time in its sole discretion and without prior notice.
6. Rules of Conduct
The following rules of conduct apply to your use of the Website and to any and all materials you post on Babo Shirts, including text, data, graphics, audio or video content, music, sound, chat, messages, files or other material (collectively User Submissions) whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of Babo Shirts.
You may not, in connection with the Website:
* upload, post, email or otherwise transmit any User Submission that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
* infringes or violates any patent, copyright, trademark, trade secret or other property right;
* breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
* a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
* constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
* violates or encourages others to violate any applicable law, statute, ordinance or regulation;
* promotes software or services that deliver unsolicited e-mail; or
* contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.
You may not, except with Babo Shirt’s express advance authorization or in a specially designated area, use the Website to:
* Upload, post, email or otherwise transmit any User Submission that provides any telephone numbers, street addresses, last names, URLs or email address; or
* engage in commercial activities within Babo Shirts;
* harm minors in any way;
* solicit personal information from anyone under 18;
* provide false or deceptive information;
* use Babo Shirts content to engage in commercial activities;
* delete, add or otherwise change other people’s entries or other Content when you have not been granted the privileges to do so; or
* allow usage by others in such a way as to violate Babo Shirt’s Terms of Use.
7. Design and Idea Submissions
If you are submitting a design or idea to Babo Shirts, you agree to additional Terms and Conditions.
8. Copyright Infringement
Babo Shirts respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with Babo Shirts and the Website, you may not post, modify, distribute, or reproduce in any way any User Submission that is copyrighted material belonging to others, without obtaining their prior written consent. This specifically includes the submission of a design or idea. Babo Shirts reserves the right, in its discretion, to remove any User Submission if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.
If you believe that your work has been copied or posted on the Website in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
Babo Shirts
Address:
Gyeonggi-do Goyang-si, Ilsandong-gu,
Janghang-dong 756-3, Crystal Building #206
zip code: 410-380
Phone: 070 4136 2226
Email: support@baboshirts.com
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
9. Modifications to the Website
Babo Shirts reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Babo Shirts shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
10. Termination
Babo Shirts may, under certain circumstances and without prior notice, immediately terminate your Babo Shirts account and access to the Website and any other Babo Shirts services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Use other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Website or any other Babo Shirts product. Termination of your Babo Shirts account includes: (a) removal of access to all pages within the Website; (b) deletion of your password and all related information, files and materials, including User Submissions associated with or inside your account (or any part thereof); and (c) barring of further use of the Website. Further, you agree that all terminations for cause shall be made in Babo Shirt’s sole discretion and that Babo Shirts shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.
11. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BABO SHIRTS, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF BABO SHIRTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BABO SHIRTS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE 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 WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 WEBSITE. BABO SHIRTS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND BABO SHIRTS 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BABO SHIRTS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. 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.
12. Limitation of Liability
IN NO EVENT SHALL BABO SHIRTS, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF BABO SHIRTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 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 OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BABO SHIRTS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
13. Indemnity
You agree to defend, indemnify and hold harmless Babo Shirts, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Babo Shirts, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.
14. Ability to Accept Terms of Use
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 Use, and to abide by and comply with these Terms of Use. Babo Shirts is not intended for children under 13. If you are under 13 years of age, then please do not use the Babo Shirts Website.
15. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Babo Shirts without restriction.
16. Copyright Notice
The Babo Shirts Website is © 2010 – All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Babo Shirts.
17. Trademarks
All of the Babo Shirts trademarks are owned by Babo Shirts and may not be used for any purpose without the prior written permission of Babo Shirts.
18. General
If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Babo Shirt’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Babo Shirts reserves the right to amend these Terms of Use at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
19. Violations of These Terms of Use
Please report any violations of the Terms of Use, including objectionable User Submissions or behavior, to support@baboshirts.com. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Babo Shirts in its sole discretion may investigate the matter and take such action as Babo Shirts determines to be appropriate.
20. Updates to Terms of Use
Terms of Use updated May 01, 2010.
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