Revised May 1, 2020

Please read SHOP TITA TERMS OF USE carefully before using this website

Welcome to SHOP TITA, Terms Of Use
 

Terms of Use

Revised May 1, 2020

Please read carefully before using this website.

·        
1.

Introduction

·        
1.1

Welcome to the SHOP TITA LLC (“SHOP TITA”) website, SHOP TITA.com. These terms of use apply to all users of the SHOP TITA website.

By using this website, including but not limited to viewing content, registering for an account, commenting on a design or on the SHOP TITA forum, submitting a design, or ordering apparel through the SHOP TITA website, you signify that you have read, understand, and agree to be bound by (1) these terms of use; (2) SHOP TITA privacy policy; (3) SHOP TITA’s and  any other documents incorporated in the terms
of use, privacy policy, or users agreement (collectively, the “Terms”). If you do not agree to any of the Terms, please do not use the SHOP TITA website.

·        
1.2

SHOP TITA may make changes to the Terms from time to time. If SHOP TITA changes the terms of use, we will post the revised terms here. If SHOP TITA changes the privacy policy, we will post the revised policy.  As SHOP TITA may make changes at any time without notifying you, it is your responsibility to review the Terms for any changes.

·        
1.3

The Terms of Use that exist at the time of a particular visit to the SHOP TITA website govern your use at that time. Areas of the SHOP TITA website may have different terms posted, and if there is a conflict between these Terms of Use and the terms posted for a specific area of this website, then the latter will govern your use.

·        
1.4

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case you affirm that you are over the age of 13, as the SHOP TITA website is not intended for children under 13. If you are under 13 years of age, then please seek the permission of a parent or guardian to use the SHOP TITA website.

·        
2.

SHOP TITA Accounts

·        
2.1

In order to access some features of the website, you will have to create an account. You may never use another’s
account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account login information secure. You must notify SHOP TITA immediately if you become aware any unauthorized use of your account or any other breach of security regarding your account.

·        
2.2

Although SHOP TITA cannot and will not be liable for your losses or damage caused by any unauthorized use of your account, you may be liable for the losses or damage of SHOP TITA or others due to such unauthorized use.

·        
3.

Designs

·        
3.1

SHOP TITA offers a custom print service.  This means you can submit your design to SHOP TITA for this purpose, however at SHOP TITA’s sole discretion, SHOP TITA can select unsolicited designs and sell t-shirts bearing the designs. The owner of the design will be notified of the design use and the designs will receive commissions on the t-shirts sold. Commission sits at 5%, which is hereby expressly incorporated herein.

·        
3.2

All independent artists who submit unsolicited designs to SHOP TITA must read privacy policy. 

·        
4.

Intellectual Property

·        
4.1

Intellectual property (“IP”) includes patents, copyrights, trade secrets, trade dress, trademarks, and rights  publicity. SHOP TITA respects the IP rights of others and asks you to do the same. When using and interacting with SHOP TITA and the SHOP TITA website, you may not modify, distribute, or reproduce in any way any material (including any unsolicited design) that infringes an IP right belonging to this SHOP TITA website.

·        
4.2

SHOP TITA acknowledges that all material/designs on the SHOP TITA website is covered by the Intellectual Property
rights of the designer.

 

4.3

If you are a copyright owner and believe that material is seen on the SHOP TITA website in a way that infringes one or more of your copyrights, you may submit a request to SHOP TITA. Please refer to SHOP TITA IP policy which is hereby expressly incorporated herein, for more information.  SHOP TITA is not responsible for the IP rights of or relating to unsolicited designs on the SHOP TITA’s website. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Tee Fury with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless SHOP TITA, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the SHOP TITA’s website.

o   
5.

SHOP TITA’s Intellectual Property

Except as expressly provided in these terms of use, you are not granted any rights or license to IP owned by SHOP TITA. SHOP TITA reserves all rights not expressly granted in these terms of use.

·        
5.1

Disclaimer

SHOP TITA accepts unsolicited designs from independent artists who are informed of and have agreed to SHOP TITA’s policies concerning the IP rights of others as set out in these Terms and elsewhere on the SHOP TITA website.

All designs selected by SHOP TITA are new, original, and/or transformative works that may parody, satirize, or provide social
commentary on the IP rights of others. SHOP TITA and the selected designs make only “fair use” of the IP rights of others. SHOP TITA respects all such IP rights of others, and Tee Fury is not affiliated with the owners of the IP rights to which the selected designs may refer.

·        
5.2

Copyrights

o   
5.2.1

All original content (“Content”) on the SHOP TITA website or on SHOP TITA’s t-shirts and cushions is © 2019 SHOP
TITA and is protected by U.K. and international laws and treaties. Content includes and is not limited to media, artwork, software, text, software or HTML code, scripts, images, graphics, user interfaces, music, videos, photographs, logos, artwork, and the design, selection, assembly, arrangement, and coordination thereof. You understand and agree that the Content is solely owned by SHOP TITA.

o   
5.2.2

Unless otherwise indicated, Content does not include the selected designs of independent artists. Content also does not include the IP rights of others, to which the selected designs may refer.

 

5.3. Trademarks and Branding Guidelines

o   
5.3.1

The following marks are registered trademarks of SHOP TITA: the SHOP TITA ® mark, ® logo SHOP TITA octopus. All other SHOP TITA products or service names, slogans, or logos used on the SHOP TITA website or on SHOP TITA’s t-shirts are trademarks of SHOP TITA. You understand and agree that SHOP TITA’s registered trademarks and unregistered trademarks used on the SHOP TITA website or on SHOP TITA’s t-shirts are solely owned by SHOP TITA. Failure of a mark to appear on this page does not mean that SHOP TITA does not use or own the mark. All other company, product, service names, slogans, or logos referenced on SHOP TITA website are used for identification purposes only and may be trademarks of others.

o   
 

Website Access and Use

·        
6.1

The SHOP TITA website and all Content associated therewith are provided by SHOP TITA AS IS as a service to current
and prospective customers, independent artists, and visitors to the SHOP TITA website.

SHOP TITA hereby grants you a limited license to use the SHOP TITA website and the Content, subject to the following restrictions:

(a) your use of the website and the Content is a personal use and is not for any commercial purpose beyond what is permitted by the Terms;

(b) you do not copy, download, or print any aspect of the website or the Content beyond what may be reasonably necessary for proper use of the website for its intended purpose;

(c) if you copy, download, or print any aspect of the website or the Content, you do not remove or modify any copyright notices or other proprietary notices displayed on the website or the Content;

(d) you do not distribute, alter, or modify any aspect of the website without SHOP TITA’s prior written authorization; and

(e) you otherwise comply with these Terms in all respects. No right, title or interest in SHOP TITA’s Content is conveyed to you. The foregoing is a limited license, not a transfer of title to SHOP TITA’s Content. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of the Content is prohibited.

·        
6.2

Prohibited commercial purposes include, without limitation, any of the following actions: sale of access to the SHOP TITA website or the Content on another website; use of the SHOP TITA website or the Content for the primary purpose of gaining advertising or subscription revenue; the sale of advertising targeted to the Content; and any use of the SHOP TITA website that SHOP TITA finds, in its sole discretion, to use the SHOP TITA Content with the effect of competing with or displacing the market for SHOP TITA, the Content, or the selected designs of independent artists.

·        
7.

Prohibited Uses

·        
7.1

You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that
(a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer;

(b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable;

(c)
contain chain letters or pyramid schemes;

(d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other
users, individuals or entities;

(e) impersonate any person, business or entity,
including our company and our employees and agents;

(f) encourage conduct that
would constitute a criminal offense;

(g) give rise to civil liability;

(h) otherwise violate any law; or –

(i) in doing so, amounts to any conduct that, in the judgment of SHOP TITA, restricts, impairs, interferes or inhibits any other user from using or enjoying the SHOP TITA website and/or our related services and products.

·        
7.2

You agree not to use or launch any automated system, including without limitation, “bots” or “robots,” “spiders,”
or “offline readers,” that accesses the SHOP TITA website in a manner that sends more request messages to the SHOP TITA servers in a given period of time than a human can reasonably produce in the same period by using a conventional
on-line web browser. Notwithstanding the foregoing, SHOP TITA grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. SHOP TITA reserves the right to revoke these
exceptions either generally or in specific cases.

·        
7.3

You agree not to circumvent, disable or otherwise interfere with security-related features of SHOP TITA website or
features that prevent or restrict use or copying of any Content or enforce limitations on use of the SHOP TITA website or the Content therein.

·        
7.4

You agree not to collect or use any personal information from the SHOP TITA website, as that term is used and/or
defined in SHOP TITA’s privacy policy. Personal information includes, but is not limited to, the names, account names, and contact information of other users. Additionally, you agree not to use the communication systems provided by the website (including account messaging and the SHOP TITA forums) for any commercial purposes. You agree not to solicit, for commercial purposes, any independent artists with respect to their unsolicited designs.

·        
8.

Links to Third Party Sites

·        
8.1

The SHOP TITA website may contain links to websites controlled by third parties. SHOP TITA provides these links
merely as a convenience and SHOP TITA is not responsible for and does not endorse, adopt, agree with, or accept any responsibility over the contents or use of these websites. Access to other websites is at your own risk and SHOP TITA
expressly disclaims any responsibility for the content of any third-party sites linked to this site. You should take precautions to ensure that whatever you select for your use is free from viruses, worms, trojan horses and the like. You should also refer to the policies posted by the other websites regarding privacy and other topics before you use them. SHOP TITA is not responsible for third party content accessible through this website, including opinions, advice, statements, and advertisements and you assume all risks associated with your use of this content. If you choose to purchase products or services from a third party, your relationship is directly with the third party. SHOP TITA makes no representation or warranty as to any third-party products or services.

·        
8.2

Accordingly, SHOP TITA encourages you to be aware when you leave the SHOP TITA website and to read the terms and
conditions and privacy policy of each other website that you visit.

·        
9.

Electronic Communications

·        
9.1

You consent to receive communications from SHOP TITA electronically. SHOP TITA may communicate with you by email, by
a message sent to your SHOP TITA account, or by posting a notice on the SHOP TITA website. You agree that SHOP TITA’s electronic communications to you will satisfy any legal requirement that such communications be in writing.

·        
9.2

Any feedback or comments you provide with respect to the website will be treated as non-confidential and we are free
to use such information on an unrestricted basis. Requests for information regarding services or user accounts submitted through the website will be treated in accordance with the privacy policy.

·        
10.

Privacy

·        
10.1

SHOP TITA respects your privacy. SHOP TITA’s privacy policy describes what information SHOP TITA collects about
you during your visit to the SHOP TITA website and what SHOP TITA does with that information. SHOP TITA’s privacy policy governs SHOP TITA ‘s collection, use, and disclosure of the personal information and non-personal information that you provide 

to SHOP TITA, as well as communications between you and SHOP TITA.

·        
10.2

You must review the Privacy Policy carefully to make sure you understand our practices and procedures. If you have
any questions or comments regarding this Privacy Policy, ask SHOP TITA.

o   
11.

General Terms

You agree that, in your use of the SHOP TITA website, you will comply with all applicable laws.

o   
11.1

Disclaimer

§  11.1.1

Every effort has been made to ensure the accuracy of the information presented. However, SHOP TITA assumes no
responsibility for the accuracy of the information contained in this website. Product information is subject to change without notice and in the sole discretion of SHOP TITA. SHOP TITA may make changes to this website at any time without notice. 

Mention of non-SHOP TITA products or services is for informational purposes only and constitutes neither an endorsement nor a
recommendation.

§  11.1.2

ALL CONTENT, MATERIAL, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE. 

TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, SHOP TITA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR OTHER WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SHOP TITA MAKES NO WARRANTY THAT: 

(1) THIS SITE WILL MEET YOUR REQUIREMENTS; 

(2) THIS SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE BASIS; OR 

(3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. ANY CONTENT,
MATERIALS OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE OR A LINKED SITE IS DONE AT YOUR OWN DISCRETION AND RISK. SHOP TITA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM FOR LOSS OF DATA OR FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES THAT RESULTS FROM THE DOWNLOADING OF ANY CONTENT, MATERIALS OR INFORMATION.  
THIS INCLUDES THE TRANSMISSION OF VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SOFTWARE.

o   
11.2

Limitation of Liability

§  11.2.1

IN NO EVENT SHALL SHOP TITA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, OR
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OF, ACCESS TO, OR INABILITY TO USE THE TEE FURY WEBSITE OR A LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF SHOP TITA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

§  11.2.2

SHOP TITA ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DELAYED, LOST OR MISDIRECTED COMMUNICATIONS THROUGH THE SHOP TITA WEBSITE.

§  11.2.3

YOU SPECIFICALLY ACKNOWLEDGE THAT SHOP TITA SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH ANY CLAIM THAT AN UNSOLICITED DESIGN SUBMITTED BY AN INDEPENDENT ARTIST HAS VIOLATED THE
INTELLECTUAL PROPERTY RIGHTS OF ANOTHER.

o   
11.3

Indemnity

You agree to defend, indemnify, and hold harmless SHOP TITA, its officers, directors, employees, and agents, from
and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the SHOP TITA; (ii) your violation of any of these Terms; (iii) your violation of any third party right, including without limitation any IP right; or (iv) any claim that one of your unsolicited
designs caused damage to a third party. This defence and indemnification obligation will survive these Terms and your use of the SHOP TITA website.

o   
11.4

Waiver

No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and SHOP
TITA’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

o   
11.5

Limitations on Actions

You agree that any cause of action arising out of or relating to the Site must commence within one (1) year after
the cause of action accrues. Otherwise, such cause of action is permanently barred.

o   
11.6

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may
be assigned by SHOP TITA without restriction.

o   
11.7

Formatting

The formatting in these Terms (including without restriction the paragraph headings and paragraph numbering)
is included to help make these terms easier to read and has no binding effect.

o   
11.8

Governing Law and Jurisdiction

o   
11.9

Violations

Please report any violations of the Terms, including objectionable or offensive Content, unsolicited design, or SHOP TITA
forum posting. Please state the reasons for your concern and provide a link to the Content, unsolicited design, or SHOP TITA forum posting in question. Upon receiving such a report, SHOP TITA in its sole discretion may investigate the matter and take such action as SHOP TITA determines to be appropriate.

o   
11.10

Other Reservation of Rights

SHOP TITA reserves the right to discontinue any aspect of the SHOP TITA website at any time.

o   
11.11

Termination or Cancellation

You agree that SHOP TITA may, at any time and at SHOP TITA’s sole discretion, with or without cause or any notice to
you, terminate these Terms, your access to the SHOP TITA website, and/or your account, or suspend or block your access to the SHOP TITA website. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. 

If you use the SHOP TITA website after termination of these Terms, that use will constitute your agreement to the Terms then posted on the SHOP TITA website.

o   
11.12

Entire Agreement

The Terms constitute the entire agreement between you and SHOP TITA regarding the use of the website,
superseding any prior agreements between you and SHOP TITA relating to your use of the website. 

The failure of SHOP TITA to exercise or enforce any right or provision of these Terms shall not constitute a waiver 

of such right or provision in that or any other instance. 

 

If any provision of these Terms is held invalid, the remainder of this agreement shall continue in full force and effect.

Please contact us with any questions regarding these Term