Fibers.com Terms of Service
1. USER’S ACCEPTANCE:
By using and/or visiting this website, you (“User”) agree to the terms and conditions of the Terms of Service; the Fibers.com Privacy Policy, Upload Rules, and Dispute Policy. If User does not agree to any of these terms, User is not authorized to use this web site. Further, Fibers.com may, in its sole discretion, modify or revise the Terms of Service and the Fiber’s.com policies at any time, and User agrees to be bound by such modifications or revisions. Fibers.com strongly recommends that User periodically review the most up to date version of the Terms of Service. Nothing in the Terms of Service shall be deemed to confer any third parties rights or benefits.
2. FIBERS.COM ACCOUNTS:
In order to access some features of the Fibers.com Website, User must create a Fibers.com account. User is not authorized to use another person’s account without their express permission. When creating a Fibers.com account, User must provide accurate and complete information. User is solely responsible for all activity that occurs on User’s account, and must keep User’s account password secure. If User becomes aware of any breach of security or unauthorized use of User’s account, User is required to notify Fibers.com immediately. Although Fibers.com will not be liable for User’s losses caused by any unauthorized use of User’s account, User may be liable for the losses of Fibers.com or others due to such unauthorized use.
3. USER'S SUBMISSIONS AND CONDUCT:
As a Fibers.com account holder, User may be permitted to submit various content, including pictures, videos and textual content (“User comments”), as well as T-shirt designs (all, collectively, “User Submissions”). All User Submissions are subject to these Terms of Service, the Fibers.com Upload Rules, the Fibers.com Dispute Policy, and any contest Rules, if a T-shirt design is submitted as part of a Contest.
User is solely responsible for all content submitted to the Fibers.com Website, including photographs, videos, textual content, drawings, designs, and other works, whether submitted as a T-shirt design or for any other purpose. User affirms, represents and warrants that User owns or has the necessary licenses, rights, consents and permissions to use and authorize Fibers. com to use all patents, trademarks, trade secrets, copyrights, or other proprietary rights in and to any and all User Submissions, to enable inclusion and use of the User Submission in all manners contemplated by the Fibers.com Website and these Terms of Service. Unless otherwise stated in these Terms of Service, the Fibers.com Upload Rules or the Contest Rules for a Contest, User will retain all ownership rights in a User Submission. However, by submitting a User Submission to Fibers.com, User grants to Fibers.com a worldwide, non-exclusive, royalty-free, transferrable and sub-licensable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Submission in connection with the Fibers.com Website and Fibers.com’s business, including, without limitation, for promoting and redistributing part or all of the Fibers.com Website in any media formats and to any media channels, now known, or discovered in the future.
User agrees that User will not submit material that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including the rights of privacy and publicity, unless User is the owner of such rights or has permission from the rightful owner to post the material and to grant the licenses granted herein. User agrees that Fibers.com has the right to refuse to accept, to limit access to, to remove, and/or to refuse to publish any User Submission which Fibers.com considers to be amoral, scandalous, offensive, or in bad taste. All determinations as to whether a User Submission is amoral, scandalous, offensive, or in bad taste are to be made by Fibers.com at its sole discretion, and are final. User agrees to be bound by the decision of Fibers.com.
User agrees not to engage in the use, copying, or distribution of any of the content of the Fibers.com web site other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Fibers.com Website for any commercial purposes. User understands that User may be exposed to User Submissions from a variety of sources, and that Fibers.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. User further understands and acknowledges that User may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable and User agrees to waive, and hereby does waive, any legal or equitable rights or remedies User has or may have against Fibers.com with respect thereto, and agrees to indemnify and hold Fibers.com, its owners, operators, affiliates and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to use of this site.
4. OWNERSHIP:
Unless otherwise noted, all materials, including videos, images, illustrations, designs, icons, photographs, drawings, or other artwork, as well as all written and other materials that appear on the Fibers.com Website (collectively “the Artwork”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Fibers.com. If User modifies, amends, alters or changes any Artwork in any way, User acknowledges that such modification, amendment, alteration or change is a derivative work, and/or that Fibers.com is the owner of all rights in and to the derivative work, modification, amendment, alteration or change.
5. WARRANTY DISCLAIMER:
User agrees that User’s use of the Fibers.com Website shall be at User’s sole risk to the fullest extent permitted by law. Fibers.com, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Fibers.com Website and User’s use thereof. Fibers.com makes no warranties or representations about the accuracy or completeness of this site’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 User’s access to and use of the Fibers.com Website, (iii) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) interruption or cessation of transmission to or from the Fibers.com Website, (v) bugs, viruses, Trojan horses or the like which may be transmitted to or through our web site by any third party, and/or (vi) errors and 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 Fibers.com Website. Fibers.com does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Fibers.com Website or any hyperlinked website or website featured in any banner or other advertising, and Fibers.com will not be a party to or in any way responsible for monitoring any transaction between you and third party providers for products or services. As with the purchase of any product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
6. LIMITATION OF LIABILITY
In no event shall Fibers.com, its officers, directors, employees, or agents, 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 the Fibers.com Website, (iii) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) interruption or cessation of transmission to or from the Fibers.com Website, (v) bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Fibers.com Website by any third party, and/or (vi) 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, e-mailed, transmitted, or otherwise made available via the Fibers.com 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. User specifically acknowledges that Fibers.com shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with User. The Fibers.com Website is controlled and offered by Fibers.com from its facilities in the United States of America. Fibers.com makes no representations that the Fibers.com Website is appropriate or available for use in other locations. Those who access or use the Fibers.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
7. INDEMNITY
User agrees to defend, indemnify and hold harmless Fibers.com, its officers, directors, employees and agents, 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) User’s use of and access to the Fibers.com Website; (ii) User’s violation of any term of the Terms of Service, the Fibers.com Upload Rules, the Fibers.com Privacy Policy or the Fibers.com Dispute Policy; (iii) User’s violation of any third party rights, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Contributions or Artwork caused damage to a third party. This defense and indemnification obligation will survive the Terms of Service and any and all use of the Fibers.com Website.
8. ABILITY TO ACCEPT TERMS OF SERVICE
User affirms that User is either more than 18 years of age, or an emancipated minor, or possesses legal parental or guardian consent, and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Service, and to abide by and comply with the Terms of Service. In all cases, User affirms that User is over the age of 13, as the Fibers.com Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Fibers.com Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
9. ASSIGNMENT
The Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by User, but may be assigned by Fibers.com without restriction.
10. GENERAL
User agrees that (i) the Fibers.com Website shall be deemed solely based in California; and (ii) the Fibers.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over Fibers.com, either specific or general, in jurisdictions other than California. The Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between User and Fibers.com that arises in whole or in part from the Fibers.com Website shall be decided exclusively by a court of competent jurisdiction located in California. The Terms of Service, together with all other Fibers.com policies, and any other legal notices published by Fibers.com and/or on the Fibers.com Website, shall constitute the entire agreement between Fibers.com concerning the Fibers.com Website. If any provision of the Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect. No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such terms or any other term, and Fibers.com’s failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision. Fibers.com reserves the right to amend the Terms of Service at any time and without notice, and it is User’s responsibility to review the Terms of Service for any changes. User’s use of the Fibers.com Website following any amendment of the Terms of Service will signify User’s assent to and acceptance of its revised terms. USER AND FIBERS.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE FIBERS.COM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY WAIVED AND/OR BARRED.
