Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Thank you for shopping on Tara-Rific Screenprinting Inc.. Before you use the Tara-Rific Screenprinting Inc. web site, please read the terms and conditions that govern your use of the site. By using and shopping on the Tara-Rific Screenprinting Inc. web site, you agree to follow and be bound by these terms.
Tara-Rific Screenprinting Inc. reserves the right to change the terms and conditions that govern your use of the site, as we deem necessary. By using the site following these changes you agree to follow the rules and regulations set forth by the changes. Tara-Rific Screenprinting Inc. may add to, delete, change or move any portion of the site including but not limited to content, and equipment or software needed to access Tara-Rific Screenprinting Inc.. Any changes or modifications to the site are effective immediately upon notice thereof. You, the user, shall be notified of such changes either through an email update or through a notice published on the site. Any use of the site by you after such notice shall be interpreted as acceptance by you of such changes or modifications.
User Provided Artwork and Images
You represent and warrant to Tara-Rific Screenprinting Inc. that you have right to use, copy and distribute each copyright, trademark, service mark, trade name, logo, statement, graphic, artwork, name, photograph, portrait, picture or illusion of any person or any other intellectual property in the way it is to be printed on or otherwise applied to the products ordered by you from Tara-Rific Screenprinting Inc.. You warrant that in obtaining the material and submitting it to Tara-Rific Screenprinting Inc. for reproduction, you have not violated the property rights of any third party. You agree to indemnify and hold Tara-Rific Screenprinting Inc. and its owners, officers, employees and agents harmless from and against any suit, demand, claim, loss, liability, damage or expense made against Tara-Rific Screenprinting Inc. by reason of breach of this warranty, and you agree to pay any judgment or settlement offer resulting from any suit, demand, or claim and to pay any attorney's fees incurred by Tara-Rific Screenprinting Inc. in defending against any such suit, demand or claim.
The burden of determining that any material is not protected by trademark, service mark, copyright or other proprietary right rests with you. You are solely responsible for obtaining proper permissions and licenses, except as may be permitted by copyright law, from third parties whose rights may be violated or infringed by the use of any material protected by trademark, service mark, copyright or other proprietary right. A customer may not use any logo or other graphic material in a manner in which may infringe on copyright, trademark, service mark or other proprietary mark. A customer also may not use any logo or trademark in a vulgar, libelous, disparaging or otherwise unlawful manner. We assume no responsibility for damages or any wrong doing that the customer may cause using a logo, trademark or copyrighted items. You agree to indemnify and hold Tara-Rific Screenprinting Inc. harmless from and against any suit, demand, claim, loss, liability, damage or expense made against or incurred by Tara-Rific Screenprinting Inc. by reason of the unauthorized, improper, or illegal use of any logo or trademark or copyright that is printed on or otherwise applied to promotional merchandise ordered or purchased by the customer through Tara-Rific Screenprinting Inc. .
All clip art images are the property of Tara-Rific Screenprinting Inc. or licensed from 3rd party vendors unless otherwise stated. Designs created from the clip art provided are in no way the exclusive property of users or customers who assemble such designs. For this reason, designs created using the clip art library should not be resold. If you would like to inquire about the license agreement on a particular piece of clip art, please contact us at email@example.com.
Accuracy of Colors
Tara-Rific Screenprinting Inc. has displayed as accurately as possible the colors and graphics of the products that appear on the site. However, we cannot guarantee that your monitor's display of any color and or graphic will be accurate. The colors shown on the site are for reference only. The colors you see will depend on your monitor and may be slightly different from the actual colors of the products. We will have no liability whether for damages, return of merchandise for credit or otherwise, as a result of any variances between the appearance of colors and or graphics displayed on your monitor and on any finished product purchased by you from Tara-Rific Screenprinting Inc. .
As a user of Tara-Rific Screenprinting Inc. , you acknowledge that you may provide to Tara-Rific Screenprinting Inc. information regarding yourself including your name, address, and email address. We are committed to protecting your privacy and any information that we collect about you will not be used outside our company without your notification and permission. We do not buy, sell, rent, lease, hock, barter, donate, or share email addresses and other personal information in any way.
Tara-Rific Screenprinting Inc. utilizes Secure Sockets Layer (SSL) technology with 128 bit encryption to protect the security of your personal information during transmission. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are also responsible for making sure your browser supports SSL transactions. You must be over 18 years of age to purchase products on Tara-Rific Screenprinting Inc. . If you are under 18 you must have the permission and accompaniment of an adult.
You shall use Tara-Rific Screenprinting Inc. for lawful purposes only. You shall not transmit through Tara-Rific Screenprinting Inc. any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. We reserve the right, in our sole discretion, to refuse to produce goods and/or to terminate your access to Tara-Rific Screenprinting Inc. for any breach of this provision or any other provision of this Agreement.
Warranty/Disclaimer of Liability
YOU ACKNOWLEDGE THAT USE OF THE OUR SITE IS AT YOUR SOLE RISK. THE SITE IS NOT WARRANTED TO BE ERROR FREE OR UNINTERRUPTED, AND THERE IS NO WARRANTY AS TO THE RESULTS OBTAINED THROUGH USE OF THE SITE. THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT $(COMPANYNAMELEGAL) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
Our liability to you, if any, shall not exceed the total of the invoice for services and products provided on the transaction in dispute. We shall not be liable for indirect, incidental, consequential, reliance or special damages for harm to business, lost profits, lost savings or lost revenues, whether or not we have been advised of the possibility of such damages. We shall not be liable for any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder unless such damage is a caused intentional act of Tara-Rific Screenprinting Inc. . We shall not be liable for unauthorized access by third parties to your transmission facilities, premises or equipment or for unauthorized access to or alteration, theft, loss or destruction of users network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method. These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability or tort, and shall survive failure of an exclusive remedy. The provisions of this paragraph will survive any sale completed with you and any change or elimination of this Agreement and/or the Site.
The Site is created and controlled under the legal trade name of Tara-Rific Screenprinting Inc. in the State of New York. The laws of the State of New York will govern all terms, conditions and disclaimers on the site, including this agreement, without giving effect to any principles of conflicts of law.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Tara-Rific Screenprinting Inc.. The collective work includes works that are licensed to Tara-Rific Screenprinting Inc.. Copyright 2003, Tara-Rific Screenprinting Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Tara-Rific Screenprinting Inc. or purchasing Tara-Rific Screenprinting Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Tara-Rific Screenprinting Inc. or to purchase Tara-Rific Screenprinting Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Tara-Rific Screenprinting Inc.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Tara-Rific Screenprinting Inc. used in the site are trademarks or registered trademarks of Tara-Rific Screenprinting Inc.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Tara-Rific Screenprinting Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Tara-Rific Screenprinting Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Tara-Rific Screenprinting Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Tara-Rific Screenprinting Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Tara-Rific Screenprinting Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Tara-Rific Screenprinting Inc. product is mistakenly listed at an incorrect price, Tara-Rific Screenprinting Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Tara-Rific Screenprinting Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Tara-Rific Screenprinting Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Tara-Rific Screenprinting Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Tara-Rific Screenprinting Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Tara-Rific Screenprinting Inc..
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Tara-Rific Screenprinting Inc. products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Tara-Rific Screenprinting Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Tara-Rific Screenprinting Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Tara-Rific Screenprinting Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Tara-Rific Screenprinting Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Tara-Rific Screenprinting Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Tara-Rific Screenprinting Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Tara-Rific Screenprinting Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Tara-Rific Screenprinting Inc. in its sole discretion.
You agree to indemnify, defend, and hold harmless Tara-Rific Screenprinting Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Tara-Rific Screenprinting Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Tara-Rific Screenprinting Inc., Tara-Rific Screenprinting Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Tara-Rific Screenprinting Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Tara-Rific Screenprinting Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).