LITTLE COCALICO CO. (the “Company”) provides this website and services (collectively the “site”) subject to the following terms of service (“Terms”).
We may modify the Terms at any time. You should review these Terms from time to time so that you understand the terms and conditions of your use of the site. If you do not agree to any amendment of these Terms, you must immediately stop using the Site. Your continued use of the site after any modification to these Terms constitutes acceptance of the amended Terms.
You acknowledge that the Company is a web service that gives you the power to submit your own designs. The Company shall have the right (but not the obligation) in its sole discretion to review and to reject any design. Upon placing any order through the site based upon your own design, you acknowledge that the Company may review it and the content it contains for adherence to our guidelines and compliance with the terms and conditions set forth in these Terms. Without limiting the foregoing, the Company shall have the right to refuse to fulfill any order for any reason and to remove any design that violates the Terms or is otherwise objectionable to us.
You acknowledge and agree that you are responsible for the creation and compilation of your design, and that neither the Company nor any other party involved with the production of any product incorporating such design, including but not limited to fabric, assumes that responsibility. The Company’s production of any product depicting your design shall be pursuant to your order and specification and the Company shall merely function as a printer of such products. The Company’s production of any product depicting your design, including but not limited to fabric, does not indicate that the Company accepts, approves of or endorses the design, that the design complies with applicable laws, or that you are absolved of any liability or harm arising from the use of the design.
You hereby agree to waive any claims against the Company and its affiliates, contractors, agents, third party service providers and employees (collectively, “Representatives”) for losses, damages and injuries which are based on or relate to your communications or materials made available to the site or posted on the site.
YOUR REPRESENTATIONS AND WARRANTIES
By uploading designs to the site you represent and warrant that:
You have the lawful right to reproduce and distribute such designs;
The designs do not violate any copyright, trademark, trade secret or other intellectual property right of any third party;
The designs comply with all applicable federal, state, and local laws, regulations and ordinances;
The designs do not invade any individual’s right of privacy or celebrity;
The designs are not unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable.
The designs do not comprise or consist of, or suggest hate speech in any form. Hate speech shall include any content that implies violence or hatred against individuals or groups based on certain characteristics, such as race, ethnicity, religion, disability, gender, age or sexual orientation.
You hereby release the Company (and the Company’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users or an outside party.
You acknowledge and agree that, except for your designs, any data, materials or content, including but not limited to designs, text, photos, images, etc. or other material contained or distributed on or through the site by the Company is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws, and as between you and the Company, shall belong to the Company. You may not use, reproduce or distribute any site content without the written authorization of the Company.
WARRANTY OF OWNERSHIP AND NON-INFRINGEMENT
YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE DESIGNS AND CONTENT WHICH YOU SUBMIT AND THAT THE DESIGNS AND CONTENT DO NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (E.G. COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE DESIGNS AND CONTENT OR ANY PARTS OF THE DESIGNS AND CONTENT.
You agree to defend, indemnify and hold the Company and the Company’s officers, directors, employees and other Representatives harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) designs you submit, post to or transmit through the site, (b) your use of the site, (c) your connection to the site, (d) your violation of these Terms or (e) your violation of any rights of a third party.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. THE COMPANY DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE, ITS CONTENT OR ANY PRODUCTS ORDERED THROUGH THE SITE, INCLUDING FABRICS, WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL THE COMPANY OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY PRODUCTS ORDERED THROUGH THE SITE. IN THE EVENT THAT YOU OBJECT TO ANY OF THESE TERMS OR ARE DISSATISFIED WITH YOUR USE OF THE SITE, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE AND IN THE EVENT THAT ANY PRODUCTS OBTAINED THROUGH THE SITE ARE DEFECTIVE, YOUR REMEDY AND THE COMPANY’S SOLE OBLIGATION SHALL BE RETURN OF THE DEFECTIVE PRODUCTS AND, UPON DETERMINATION BY THE COMPANY OF SUCH DEFECTS, REFUND OF ANY AMOUNTS PAID BY YOU TO THE COMPANY FOR SUCH DEFECTIVE PRODUCTS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree that any claim or cause of action arising out of or related to your use of the site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.
The Company shall have no liability for any failure or delay resulting from any condition beyond the reasonable control of the Company, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
These Terms and this agreement will be governed by the laws of the Commonwealth of Pennsylvania. The Company may elect to resolve any controversy or claim arising out of or relating to these Terms or the site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and you hereby agree to consent to such arbitration. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Lancaster, Pennsylvania, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Lancaster, Pennsylvania, necessary to protect the rights or the property of you or the Company pending the completion of arbitration.