Idotshirt - Terms of use

TERMS OF USE

Welcome to IDOtshirt. As a user of the IDOtshirt Site or any IDOtshirt Services ("you"), you signify your agreement to be bound by the following Terms of Use (the "Terms"), as well as our Privacy Policy. Please read the Terms & Conditions and Privacy Policy carefully before utilizing the IDOtshirt Site. In the case that you do not agree to these terms, please refrain from using this Site.

IDOtshirt reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review the Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.

Introduction

IDOtshirt operates an online service on the Internet located at http:/IDOtshirt.com and other online areas owned and operated by us such as Facebook and mobile phone applications ("IDOtshirt" or the "Site"), offering customized t-shirts.

Use Of The Site

Your permission to use IDOtshirt is conditioned upon your agreement that you:

will comply with these Terms of Service;
are 13 years of age or older, but are 18 years of age or older to purchase any product;
will not copy or distribute any part of IDOtshirt in any medium without IDOtshirt's prior written authorization;
will provide accurate information when creating an account or registering for our Services
are solely responsible for your User ID and the activity that occurs while signed in to or while using IDOtshirt using your User ID;
are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security;
will not use IDOtshirt to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
will not use the communication systems provided by or contacts made on IDOtshirt for any commercial solicitation purposes;
are solely responsible for your Content submissions, including discussion posts, profile information and links, pictures, and other such content;
represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize IDOtshirt to use any and all Content submitted by you to IDOtshirt in accordance with the licenses granted in this Agreement;
hereby grant each IDOtshirt user, whether using IDOtshirt or an application authorized by IDOtshirt but developed via a third-party developer, a non-exclusive license to access the Content you submit through IDOtshirt and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through IDOtshirt 's functionality and under these Terms of Service;
will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to IDOtshirt; and
hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

Account Maintenance

You are required to create an account with IDOtshirt (either by way of registering directly on our Site or by allowing a IDOtshirt application to connect through your Facebook profile) in order to access certain Services on our Site. By using this site, you represent that you will be responsible for maintaining your account and password and for restricting access to your computer. You also agree to be responsible for any and all activities that occur under your password or your account. IDOtshirt will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these Terms of Use. To purchase any Products or use the services on this Site, you must open an account with us and/or provide the required information to us. By entering any information on this Site, you represent and warrant that: (i) you are at least 18 years of age; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.

Non-confidentiality And Security

Any communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary. In addition, you agree that such information may be freely used by IDOtshirt. Other information such as your credit card details in relation to the purchase of a product will be dealt with using appropriate security and privacy protection.

Privacy

Please review our Privacy Policy to understand our uses and practices about how we use and collect information from users of our Sites.

Proprietary Rights

You acknowledge and agree that the content (other than content that may be submitted by Members), materials, software and other components (including our graphics, logos, videos, button icons, music and page headers) available on the Site are the property of IDOtshirt or our licensors and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. You agree not to sell, license, rent, distribute, modify, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any content or materials on the Site.

Submitted Content

IDOtshirt does not claim ownership of any materials you make available through the Site. With respect to any materials you submit or make available for inclusion on the Site, you grant IDOtshirt a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant IDOtshirt the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libellous or otherwise unlawful, abusive or obscene material. IDOtshirt will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

Product Information; Limitation On Quantities

Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.

Disclaimers

You assume all responsibility and risk with respect to your use of the Site. THE SITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A "LINKED" SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, IDOTSHIRT DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. IDOTSHIRT makes no warranties of any kind regarding any non-IDOTSHIRT sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and IDOTSHIRT makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-IDOTSHIRT sites. IDOTSHIRT does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

Rules Of User Conduct

We welcome and encourage user interaction on our Site. However, we insist that you agree not to do any of the following:

impersonate another user;
violate in any way the rights of others;
upload or distribute anything that may be harmful to minors;
upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
use the Site or Services to generate unsolicited email advertisements or spam; attempt to reverse engineer or jeopardise the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables the Site;
attempt to gain access to secured portions of the Site or Services to which you do not possess access rights; or use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services.

Other Sites

The Site includes links to other websites or resources and businesses operated by Affiliates and Providers or other persons (collectively, "Other Sites"). Other Sites are independent from IDOtshirt, may have different or inconsistent privacy notices or terms of use, and IDOtshirt has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. By using IDOtshirt you expressly relieve us from any and all liability arising from your use of any third party website.

Indemnification

You agree to indemnify, hold harmless, and defend IDOtshirt, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys' fees, in any way arising from or related to your use of the Site, your violation of these Terms or the Privacy Policy, content posted to the Site by you, or your violation of any law or the rights of a third party.

Limitation Of Liability

IN NO EVENT SHALL IDOTSHIRT, ITS AFFLIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF IDOTSHIRT HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF IDOTSHIRT, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO IDOTSHIRT IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.

Governing Law And Dispute Resolution

The Site is controlled by IDOtshirt from Kuala Lumpur, Malaysia. This Agreement, your use of the Site, and all related matters are governed solely by Malaysian laws, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the Kuala Lumpur Regional Centre for Arbitration (the "KLRCA"), in accordance with the procedures of the KLRCA Rules of Arbitration, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will be before a single arbitrator. The place of arbitration will be Kuala Lumpur, Malaysia.

Notwithstanding the foregoing, you or IDOtshirt may seek injunctive relief from an appropriate court located in Kuala Lumpur, Malaysia prior to or during the arbitration. Any claim or cause of action you may have arising from, connected with, or relating to your use of the Site, this Agreement, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.

Risk Of Loss Or Theft

Any merchandise purchased from the Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

Electronic Communications

When you visit our Site, purchase products or services through the Site, or instigate contact with our customer service department, you are communicating with us electronically. We will also communicate with you via email or by posting notices on and updates to the Site. By using the Site, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would be in writing.

This Terms of Use was first published and made effective on December 1, 2012.

To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms, please CONTACT US at [email protected]