following are the terms and conditions for use of the UDesign-It
Service including without limitation design, reproduction and shipment, as well
as, other Services
which may be offered from time to time by WebJacket.com under your account
member name (each feature individually and collectively referred to as the
"Service"). Please read them carefully. This Service is provided to
individuals who are at least 18 years old or minors who have parental permission
to open and maintain an account.
CLICKING THE "SUBMIT" BUTTON AND COMPLETING THE REGISTRATION PROCESS,
YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE
BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS").
Service is offered to you conditioned on your acceptance without modification of
the terms, conditions, and notices contained herein.
THE COLORS OF BODY,
SLEEVES, SNAPS, FRONT CHARACTER(S), BACK TEXT, OUR IMAGES AND YOUR UPLOADED
IMAGES IN THE REAL JACKET MAY NATURALLY DIFFER SLIGHTLY FROM WHAT YOU SEE ON
YOUR MONITOR. THIS DIFFERENCE SHOULD NOT BE USED AS A REASON TO APPLY FOR REFUND
NOR FOR AN EXCHANGE. FURTHERMORE, WE ARE PROVIDING THE HEXADECIMAL VALUES OF
THOSE COLORS. PLEASE MAKE SURE THAT YOUR MONITOR SUPPORTS THOSE VALUES.
WEBJACKET.COM IS NOT RESPONSIBLE FOR YOUR MONITOR SETTINGS, RESOLUTION, BRAND OR
ANY FACTOR THAT PREVENT YOU FROM SEEING THE REAL COLORS OR SEE THEM DIFFERENTLY
FROM THEIR ORIGINAL VALUES ACCORDING TO THE HEXADECIMALS.
Customer guarantees, warrants, and certifies that it does not infringe upon or
unlawfully, wrongfully, or improperly use any trademark, trade name, service
mark, or copyright owned or claimed by another. The Customer further guarantees,
warrants, and certifies that to its knowledge, no action, suit, proceeding, or
investigation has been instituted or threatened relating to any trademark, trade
name service mark, copyright formerly or currently used by the Customer in
connection with the services rendered by the WebJacket.com. The Customer shall
indemnify, defend, and hold harmless WebJacket.com from and against any and all
liabilities, costs or expenses which the WebJacket.com might incur arising from
or relating to the Customer's infringement upon, or unlawful, wrongful, or
improper use of a trademark, trade name, service mark, or copyright owned or
claimed by another.
Furthermore, WebJacket.com shall not be
liable for any injury or damage to any person or property whatsoever by reason
of, or in any manner growing out of, the Customer's infringement upon, unlawful,
wrongful, or improper use of a trademark, trade name, service mark, copyright,
owned or claimed by another.
WebJacket.com reserves the right to decide
in its sole discretion whether to reproduce images presented to it in connection
with its business as well as the sole discretion to deny the customer the
ability to utilize WebJacket.com website for the sale of their goods.
Customer certifies that he is over the legal
age 18 and has the ability to enter into any and all transactions on
WebJacket.com and all the employees, staff,
affiliates, partners are not held responsible for any lost or damage of images
and/or the deletion of the account even if your account consists of
WebJacket.com reserves the right to decide
on its sole discretion and without any notice to close and remove any account
even if your account consists of Up&Used Image(s)
You will create your own password and account designation upon completing the
registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify WebJacket.com of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. WebJacket.com cannot and will not be liable
for any loss or damage arising from your failure to comply with this Section 5
You agree to not use the Service to:
upload any Content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a
WebJacket.com official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service.
e. upload any Content that you do not have a right to make available under any
law or under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
f. upload any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party;
h. upload any material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
i. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise act in a
manner that negatively affects other users' ability to engage in real time
j. interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national
or international law
l. "stalk" or otherwise harass another
that WebJacket.com does not pre-screen Content, but that WebJacket.com and its
designees shall have the right (but not the obligation) in their sole discretion
to refuse or move any Content that is available via the Service. Without
limiting the foregoing, WebJacket.com and its designees shall have the right to
remove any Content that violates the TOS or is otherwise objectionable.
You agree not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial purposes, any portion of the Service,
use of the Service, or access to the Service.
You acknowledge that WebJacket.com may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of uploaded images. You agree that WebJacket.com has no responsibility or
liability for the deletion or failure to store any images or other Content
maintained or transmitted by the Service. You acknowledge that WebJacket.com
reserves the right to log off accounts that are inactive for an extended period
of time. You further acknowledge that WebJacket.com reserves the right to change
these general practices and limits at any time, in its sole discretion, with or
WebJacket.com reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that WebJacket.com shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the
You agree that WebJacket.com, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove and
discard any images and/or Content within the Service, for any reason, even
if your account consists of Up&Used Image(s)
including, without limitation, for lack of use or if WebJacket.com believes that
you have violated or acted inconsistently with the letter or spirit of the TOS.
WebJacket.com may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice. You agree
that any termination of your access to the Service under any provision of this
TOS may be effected without prior notice, and acknowledge and agree that
WebJacket.com may immediately deactivate or delete your account and all related
images and/or content your account and/or bar any further access to such files
or the Service. Further, you agree that WebJacket.com shall not be liable to you
or any third-party for any termination of your access to the Service.
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because WebJacket.com has no control over such sites and
resources, you acknowledge and agree that WebJacket.com is not responsible for
the availability of such external sites or resources, and does not endorse and
is not responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge
and agree that WebJacket.com shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
DISCLAIMER OF WARRANTIES
UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. WEBJACKET.COM EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WEBJACKET.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEBJACKET.COM OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
WebJacket, the WebJacket.com logo, Udesign-It, UDESIGN-IT
are trademarks and service marks, and other WebJacket.com logos and
product and service names are trademarks of WebJacket.com.
The TOS constitute
the entire agreement between you and WebJacket.com and govern your use of the
Service, superceding any prior agreements between you and WebJacket.com. You
also may be subject to additional terms and conditions that may apply when you
use affiliate services, third-party content or third-party software.