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Use of the FPS Apparel Web Service
Your Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Please immediately notify FPS of any unauthorized use of your password or account or any other breach of security.
Promotions: Any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the FPS Web Service may be governed by specific rules that are in addition to these Terms. By participating in any Promotion, you will become subject to those rules. To the extent that the terms and conditions of the Promotion rules conflict with these Terms, the terms and conditions of the Promotion will control.
Age Requirement: If you are under 13 years of age, you are not authorized to use the Service. If you are under 18 years old, you may use the FPS Web Service only with the approval of your parent or guardian.
Applicable Laws: In connection with your use of the FPS Web Service, you will comply with all applicable laws, regulations and industry standards.
General Practices and Instructions Regarding Use: You will comply with any instructions provided to you by FPS in connection with your use of the FPS Web Service. FPS may establish general practices and limits concerning use of the FPS Web Service. FPS reserves the right to change its instructions, general practices and limits at any time, in its sole discretion, with or without notice.
Designers: FPS Design
The FPS Web Service allows you to create amazing branded products, which can be emailed or purchased online at FPSApparel.com or offline with the assistance of our customer service team. The following are specific obligations regarding designing, to the extent any design violates these Terms, we may choose to remove, delete, or modify the design in our discretion.
Artwork Quality: Content you provide must meet reasonable production standards (e.g. do not upload images with poor quality).
Design Ownership: By creating a design through the FPS Web Service, you represent and warrant that you own or are the licensee of all trademark rights, copyrights, rights of publicity and other intellectual property or other proprietary rights necessary to create the design (“Design Content”), including any rights relating to the name, description, images, text or URL used for the order. You will provide FPS with evidence of your Design Content ownership upon request.
FPS does not claim any ownership rights in the content you upload to the FPS Web Service. Please be sure you maintain copies of all of your work. FPS has no responsibility or liability for the deletion or failure to store any content or information uploaded to the FPS Web Service. FPS retains all ownership rights in any designs created by FPS designers and may not be used by you, other than in connection with your orders on the FPS Web Service, without FPS’s express written consent.
For the purpose of producing your design and for the purpose of marketing the FPS Web Service, you hereby grant FPS a worldwide, non exclusive, transferable, fully paid up, sublicensable license under your Design Content to display, copy, modify and distribute the content (including all related images, text, content and information) you upload to the FPS Web Service in any medium FPS chooses.
If FPS receives any complaint or allegation that your order or any resulting merchandise constitutes an unauthorized use of a third party’s rights, you understand that FPS may terminate or delay your order, in its sole discretion. In addition, you understand that FPS may release your contact information to any third party that satisfactorily alleges a violation of its rights.
FPS reviews complaints infringement only from parties that own, or have the exclusive right to exploit, the applicable intellectual property. If you believe that an FPS user has infringed upon your rights, please notify FPS by emailing firstname.lastname@example.org. You may also contact us via the information provided at the end of these Terms, attention Legal Department.
You must include with your notification the following information.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that you allege is being infringed;
- The URL to the FPS order(s) or products used in connection with the sale of the allegedly infringing merchandise;
- Identification of the copyright, trademark or other rights that allegedly have been infringed, including proof of ownership (such as copies of subsisting trademark or copyright registrations);
- Your full name, address, telephone number(s) and email address(es);
- A statement that you have a good-faith belief that use of the material in the URL submitted is unauthorized by the rights owner, or its licensee, and such use amounts to infringement under federal or state law; and
- A statement, under penalty of perjury, that the information in the notification is complete and accurate and that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.
Buyers: Purchasing of FPS Products
Payment Information: You represent and warrant to FPS that payment information is true and that you are authorized to use the payment method. You will be responsible for all taxes associated with your purchase of FPS products through the Service.
Shipping & Returns: Title and risk of loss for all merchandise ordered by you will pass to you on our delivery to the shipping carrier. A special note for international orders, FPS is not responsible for any delay, damage, or additional fees, imposed by customs. FPS maintains current shipping & returns policies under that section of the FPS website. FPS reserves the right to modify the shipping & returns policy at any time, for any reason. Cancellation: We reserve the right to cancel any order for any reason.
FPS's Proprietary Rights
Service Content, Software and Trademarks: You are only authorized to use the FPS Web Service for the purpose of engaging in business transactions with FPS. You may not use any automated technology to mine, scrape or gather any information from the FPS Web Service or otherwise access the pages of the FPS Web Service for any unauthorized purpose. If you are blocked by FPS from accessing the FPS Web Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). The technology and software underlying the FPS Web Service or distributed in connection therewith are the property of FPS, our affiliates and our partners (the “Software”). You agree not to modify, copy, create a derivative work of, reverse assemble, reverse engineer or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.
The FPS Web Service contains images, artwork, fonts and other content or features (“Service Content”) that are protected by intellectual property rights and laws. Except as expressly authorized by FPS, you agree not to modify, frame, lease, loan, copy, rent, distribute, sell or create derivative works based on the FPS Web Service or the Service Content, in whole or in part. Any use of the FPS Web Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by FPS.
The FPS name and logos are trademarks and service marks of FPS (collectively the “FPS Trademarks”). Other company, product and service names and logos used and displayed via the FPS Web Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to FPS. Nothing in these Terms or the FPS Web Service should be construed as granting any license or right to use any of FPS Trademarks displayed on the FPS Web Service, without our prior written permission in each instance. All goodwill generated from the use of FPS Trademarks will inure to FPS’s exclusive benefit.
Third Party Material: Under no circumstances will FPS be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content or materials. To the maximum extent permitted under applicable law, the third party providers of such content and materials are express and intended third party beneficiaries of these Terms with respect to their content and materials.
FPS may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of FPS, its users or the public.
Third Party Websites
The FPS Web Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. FPS has no control over such sites and resources and FPS is not responsible for and does not endorse such sites and resources. FPS will 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 content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the FPS Web Service are between you and the third party, and you agree that FPS is not liable for any loss or claim that you may have against any such third party.
Disclaimer of Warranties
YOUR USE OF THE FPS WEB SERVICE IS AT YOUR SOLE RISK. THE FPS WEB SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. to the fullest extent permissible pursuant to applicable law, FPS and its affiliates 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.
Limitation of Liability
Under no circumstances including, without limitation, its own negligence, shall FPS or its parents, subsidiaries, officers, shareholders, employees, affiliates, directors, agents, suppliers, or any other party involved in creating, producing, transmitting, or distributing FPS or related services be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if FPS has been advised of the possibility of such damages), resulting from: (a) the use or inability to use the site; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the site; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the site or (e) any other matter relating to the site. 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.
FPS, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the FPS Web Service and remove and discard any content within the FPS Web Service, for any reason. Further, you agree that FPS will not be liable to you or any third party for any termination of your access to the FPS Web Service. Upon termination of your account or discontinuation of your use of the website FPS is not required to clear your designs, orders, text and related content.
Each party is an independent contractor in the performance of each and every part of these Terms. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of its activities under these Terms. You do not have the authority to commit FPS in any way and will not attempt to do so or imply that you have the right to do so.
Questions? Concerns? Suggestions?
Please contact us with any questions regarding these Terms or the FPS Web Service.