Terms and ConditionsPLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. If you do not agree to the terms and condition, please do not use this web site. The following sets forth the terms and conditions (the “Terms of Use”) that govern your use of, and purchase of products from, DTLshop.com (the “Website”). By using the Website, you are agreeing to comply with, and be bound by, these Terms of Use. Ownership of Website The Website is owned and operated by DTL Worldwide LLC. DTL Worldwide, LLC operates this website under a licensing agreement with the Defeat the Label Foundation. DTL Worldwide, LLC was independently formed by members of the community to help promote the Defeat the Label message. A portion of the sales from this website help support Defeat the Label programming. 6441 Inkster Rd, Ste 160, Bloomfield Hills, MI 48301 (hereinafter referred to as “DTLshop.com”). Changes to Terms of Use or Website From time to time, DTLshop.com may revise these Terms of Use and/or may alter, add to, or delete portions of, the Website. If you use the Website after any such change(s), you will be deemed to have agreed to comply with, and be bound by, the revised Terms of Use. Restrictions on Purchases DTLshop.com has the right and authority to refuse and/or limit any order, including limiting the quantities purchased on one order, by one person, from the same billing or shipping address or placed by or under the same customer account or the same credit card. If DTLshop.com makes a change to an order, DTLshop.com will attempt to notify you of the change. DTLshop.com reserves the right to limit or prohibit sales to dealers, resellers or distributors. Website Materials Except as otherwise stated herein or on the Website, the Website as a whole and all images, illustrations, designs, icons, photographs, and other materials that appear as part of this Website (collectively, the "Website Materials"), are owned, controlled and/or licensed by or to DTLshop.com or others and are subject to copyright, trademark and similar rights and protections. The Website Materials, and the Website as a whole, are to be used solely for personal and noncommercial purposes (other than for the purchase of merchandise from the Website). You may download or copy the Website Materials displayed on the Website for personal use only; however, you will not receive or obtain any right, title or interest in any of such downloaded Website Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit any of the Website Materials, the Website, or any related software, and you may not participate in any way in any of the activities prohibited above or elsewhere in the Terms of Use. If you perform or participate in any such unauthorized activities, DTLshop.com may, among other things, terminate, without notice, your access to, and/or any permission to use, the Website and the Website Materials. Inaccuracies If the Website Materials (including those relating to product descriptions, pricing, and availability) contain any typographical or other errors, inaccuracies or omissions, DTLshop.com may correct any such errors, inaccuracies or omissions. In addition, DTLshop.com has the right, without prior notice, to change or update any of the Website Materials at any time (including after you have submitted your order). DTLshop.com makes no representations or warranties, and has no obligation to maintain, the currency or accuracy of any of the Website Materials. Location/Pricing The Website is operated by DTLshop.com from within the United States of America. DTLshop.com makes no representations or warranties that the products about which information is provided on the Website will be available outside of the United States. It is your responsibility to comply with all federal, state and local laws, rules and regulations that apply or relate to your access to, and use of, the Website. The prices displayed on the Website are quoted in U.S. Dollars only. Your Feedback, Feedback And Other Submissions All feedback, comments, suggestions, ideas, and other submissions disclosed, submitted or offered to DTLshop.com on, or otherwise in connection with your use of, this Website (collectively, "Feedback") shall be and remain DTLshop.com's property, and you shall be deemed to have assigned to DTLshop.com all rights, titles and interests in all copyrights and other intellectual property and proprietary rights of any nature in the Feedback without compensation. DTLshop.com is and shall be under no obligation to maintain any Feedback in confidence or to respond to any Feedback. You represent and warrant that any Feedback submitted by you to the Website will not (i) violate any rights of any third parties, including copyright, trademark, privacy or other personal or proprietary right(s) and/or (ii) be or contain libelous or otherwise unlawful, abusive or obscene material. You are, and shall remain, solely responsible for the content of any Feedback you provide. Your Account You represent and warrant that all information you provide on the Website in establishing your account is true, accurate, current and complete, and you agree to update such information to keep it current. It is your responsibility to maintain the confidentiality of your account and password, to restrict access to your computer, and to monitor all activities that occur under your account or password, as you are responsible for all such activities. Use By Minors While some of DTLshop.com’s products may be worn by children under 18 years old, DTLshop.com sells them to adults, who can purchase them using an accepted payment method. If you are under 18 years old, you may use the Website only with involvement and/or approval of a parent or guardian; in the absence of such involvement and/or approval, DTLshop.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. Use of Your Information You agree that DTLshop.com may use and/or disclose your personal information obtained on the Website or by other means in the manner set forth in DTLshop.com’s Privacy Policy, which is incorporated by reference as if fully set forth in these Terms of Use. To understand DTLshop.com’s practices regarding the collection, use and disclosure of your personal information, please review DTLshop.com’s Privacy Policy which is located on the Website. Communications With DTLshop.com/Internet As An Open Network DTLshop.com may send e-mails to you for purposes DTLshop.com deems are appropriate, including to alert you of changes or additions to this Website, or about DTLshop.com's products or services. You consent to receive communications from DTLshop.com via e-mail. In addition, you agree that all agreements, notices, disclosures and other communications that DTLshop.com provides to you electronically satisfy any legal requirement that such communications be in writing. Your communications with DTLshop.com via the Website, e-mail and/or telephone may be recorded or monitored. In the event you communicate with DTLshop.com by such means, you are consenting to such recording or monitoring. Computer viruses can be transmitted via e-mail, attachments to e-mails and imbedded links. Although we believe that our e-mails do not contain any viruses, it is your responsibility to make certain that any e-mail you open does not contain viruses. DTLshop.com is not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of e-mails to or from DTLshop.com or otherwise. If DTLshop.com forwards an e-mail or replies to a prior e-mail, the contents may have been produced by someone other than DTLshop.com for which DTLshop.com is not liable. DTLshop.com disclaims any representation or warranty that DTLshop.com’s e-mails are free from any viruses or other errors. The internet is an open network. While certain designated areas within the Website employ technology to attempt to secure your data and/or the transmissions between you and DTLshop.com, DTLshop.com cannot provide assurances of any nature or guarantee in any way that such data or transmissions (sent or received) are secure, error or virus free, not corrupted, incomplete and/or that they will not be lost, misdelivered, destroyed, delayed or intercepted, decrypted or otherwise misappropriated by others. By using this Website and the internet, you expressly assume all risks identified in the preceding sentence, and you expressly agree that DTLshop.com shall have no liability of any nature for, or arising in any way from, any such risks. Colors DTLshop.commakes no guarantees that the colors of any products on the Website will be accurately displayed on your computer since your monitor (and the settings thereon) will effect how such colors appear to you. Links To/From Other Web Sites This Website may contain links to third-party websites, the availability and content of which DTLshop.com does not control. DTLshop.com is not responsible or liable for content on, or your activities with respect to, any such third-party website. If you have any concerns regarding any such third-party website, or any link thereto, please contact the owners or operators of such website. You may not create any link to the Website without the prior written consent of UsMagazineShop.com. Return/Exchange Policy Returns and exchanges of products purchased from DTLshop.com through this Website are governed by the terms and conditions of DTLshop.com’s Return and Exchange Policy, which are incorporated by reference as if fully set forth in these Terms of Use. Please visit the Return and Exchange Policy portion of this Website in order to review the terms and conditions of the DTLshop.com Return and Exchange Policy. Disclaimer THIS WEBSITE AND THE PRODUCTS AND WEBSITE MATERIALS ON OR AVAILABLE THROUGH THIS WEBSITE ARE BEING PROVIDED AND/OR SOLD IN THEIR "AS IS" CONDITION WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DTLSHOP.COM IS NOT, AND SHALL NOT BE, LIABLE FOR ANY LOSSES, DAMAGES OR INJURIES THAT MAY ARISE FROM ANY DEFECTS THAT MAY EXIST IN THIS WEB SITE OR ITS OPERATION. DTLSHOP.COMMAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS WEBSITE WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS WEBSITE WILL BE CORRECTED. YOU ARE RESPONSIBLE, AT YOUR SOLE COST AND EXPENSE, FOR PROVIDING ALL SERVICE, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY EXPERIENCE OR ENCOUNTER IN USING OR VISITING THIS WEBSITE. Limitation of Liability NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS OF USE: (1) DTLSHOP.COMWILL NOT BE LIABLE IN ANY ACTION IN TORT, CONTRACT OR OTHERWISE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, OR FOR ANY DAMAGES, LOSSES OR INJURIES CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, IN ANY REGARD OR UNDER ANY CIRCUMSTANCE, INCLUDING ANY THAT MAY ARISE FROM THE PRODUCTS ON OR AVAILABLE THROUGH THE WEBSITE, YOUR USE OF, OR THE INABILITY TO USE, THE WEBSITE AND/OR ANY OF THE WEBSITE MATERIALS; AND (2) IN NO EVENT SHALL DTLSHOP.COM’S LIABILITY TO YOU FOR DAMAGES, LOSSES AND/OR INJURIES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO DTLSHOP.COM, IF ANY, FROM USING THIS WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. Indemnification You shall indemnify, defend and hold harmless DTLshop.com, its affiliates, vendors and licensors, and their respective owners, officers, directors, managers, employees, agents, representatives, successors and assigns (collectively, the “Indemnified Persons”) from and against any and all liabilities, claims, actions, losses, damages, injuries, costs and expenses, including legal fees and court and/or arbitration costs, arising out of or resulting from (i) your use of the Website or the Website Materials; (ii) your breach, violation of, or failure to comply with, the Terms of Use or any applicable law, rule or regulation; and/or (iii) the enforcement of the Terms of Use, including this Indemnification provision. Miscellaneous Unless otherwise specified herein or on the Website, this Website and the Website Materials are displayed solely for the purpose of promoting DTLshop.com's products. This Website is controlled and operated by DTLshop.com from its offices in Madison Heights, Michigan. The laws of the State of Michigan shall govern the validity, performance, interpretation and enforcement of the Terms of Use, without regard to its conflict of law principles. Any dispute arising out of the Terms of Use and/or their subject matter (including the Website and the products sold or available on the Website) shall be resolved exclusively by, and you hereby consent to the exclusive jurisdiction of, the state courts of Oakland County, Michigan and/or the federal courts in the Eastern District of Michigan. At DTLshop.com’s option, any dispute, claim or controversy arising out of or in respect to the Terms of Use and/or their subject matter (including the Website and the products sold or available on the Website) shall be resolved by arbitration in accordance with the rules of the American Arbitration Association (“AAA”) at the AAA®s offices located in Oakland County, Michigan. The arbitration award shall be final and binding upon the parties, and judgment upon such award may be entered in any court of competent jurisdiction. The invalidity or enforceability of any provision of the Terms of Use in a particular respect or circumstance shall not affect the validity and enforceability of any other provision of the Terms of Use or the same provision in any other respect or circumstance. All rights and remedies of DTLshop.com set forth in these Terms of Use are cumulative and not exclusive and are in addition to all other rights and remedies at law, in equity or otherwise. The election of one or more rights or remedies by DTLshop.com shall not constitute a waiver of any other rights or remedies. No failure or delay under these Terms of Use shall constitute a waiver by DTLshop.com. These Terms of Use contain the entire agreement between DTLshop.com and you with respect to the subject matter hereof (including the Website and the products sold or available on the Website). All provisions contained elsewhere on this Website are a part of, and are incorporated by reference as if fully set forth in, these Terms of Use. You may not transfer or assign these Terms of Use to anyone else. These Terms of Use (a) are binding upon and inure to the benefit of each party and each of their respective permitted successors and assigns and (b) inure to the benefit, where applicable, of DTLshop.com’s licensors and each of their respective successors and assigns. The provisions under the heading “Indemnification” inure to the benefit of each of the Indemnified Persons. All headings in these Terms of Use are for convenience only and form no substantive part of the agreement set forth in these Terms of Use. Denial of Access DTLshop.com may immediately, without notice, deny you access to the Website, if in DTLshop.com’s sole discretion, you fail to comply with any part of the Terms of Use. Upon any such denial by DTLshop.com, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials. Copyright and Other Notices Copyright DTLshop.com and/or its licensors, 2011. All rights reserved. All rights reserved. |
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