Terms and Conditions
Shirt Scuffle LLC (“Shirtscuffle.com”) owns and operates the Internet site located at http://www.shirtscuffle.com (the “Website or “Site”), located on servers in the United States. 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 of Use, and to abide by and comply with these Terms of Use.
If you do not agree to these Terms of Use, please do not use the Website. Shirtscuffle.com provides service to you subject to the following Terms of Use, which may be updated by us from time to time without notice to you. These Terms of Use constitute a binding agreement between Shirtscuffle.com and you governing your use of the Website. By using and/or visiting the Shirtscuffle.com Website (the "Website" or “Site”), you agree to both these Terms of Use and the Shirtscuffle.com Privacy Policy.
By registering with Shirtscuffle.com, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the Shirtscuffle.com Website. You agree to provide accurate information about yourself in all required fields of the registration form. If Shirtscuffle.com suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Use, your account may be subject to suspension or termination, and you may be barred from using the Shirtscuffle.com Website. In addition, you agree to immediately notify Shirtscuffle.com of any unauthorized use of your password or account or any other breach of security. Shirtscuffle.com cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms of Use.
These Terms of Use apply to all users of the Website. The Website may contain links to third party websites that are not owned or controlled by Shirtscuffle.com. Shirtscuffle.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release Shirtscuffle.com from any and all liability arising from your use of any third-party website.
The ideas, suggestions, opinions, comments, and observations made by Shirtscuffle.com users, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by users (all of which are referred to as "User Content") are not endorsed by Shirtscuffle.com, and we make no guarantee regarding the reliability, accuracy, or quality of any User Content that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. All User Content posted to the Website are the sole responsibility of the person who originally posted the User Content, and your sole recourse for any damage you may suffer as a result of User Content shall be to such individual. You understand that Shirtscuffle.com does not guarantee any confidentiality with respect to any User Content.
Shirtscuffle.com hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website (iii) you will not alter or modify any part of the Website; (iv) you will otherwise comply with the Terms of Use; (v).you agree not to use or launch any automated system that access the Website in a manner that sends more request messages to the Shirtscuffle.com servers in a given period of time than any human could reasonably produce in the same period by using a conventional on-line web browser.; and (vi) you agree not to collect or use any personally identifiable information ("Personal Information"),or other User Content, from the Website, nor use the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website. Shirtscuffle.com expressly disclaims any and all liability in connection with User Content. Shirtscuffle.com reserves the right to remove Content and User Content in its sole discretion and without prior notice. Shirtscuffle.com also reserves the right to terminate a user's access to the Website at any time in its sole discretion and without prior notice.
The content on the Website, except all User Content are owned by or licensed to Shirtscuffle.com, and subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Shirtscuffle.com. Shirtscuffle.com reserves all rights not expressly granted in and to the Website and the Content contained therein.
You may not, in connection with the Website upload, post, email or otherwise transmit any User Content that (a) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (b) infringes or violates any patent, copyright, trademark, trade secret or other property right, including that of User Content or Shirtscuffle.com; (c) breaches an existing duty of confidentiality by which you are bound due to a contractual or fiduciary relationship; (d) a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way; (e) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech; (f) violates or encourages others to violate any applicable law, statute, ordinance or regulation; (g) promotes software or services that deliver unsolicited e-mail; or (h) contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.
You shall be solely responsible for your own User Content and the consequences of posting or publishing them. You retain all of your ownership rights in your User Content subject to the terms of these Terms of Use. However, by submitting the User Content to Shirtscuffle.com, you hereby grant Shirtscuffle.com a worldwide, non-exclusive, royalty-free, sublicensable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Website and Shirtscuffle.com’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media now known or hereafter developed.
Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you believe that your work has been copied or posted on the Website in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements) to Shirt Scuffle LLC, PO Box 592, Red Bank, NJ 07701 with the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Each registered user will be allowed 1 Vote for each Voting Period. A voting period begins on Friday and ends on Thursday of the subsequent week. For purposes of voting, a "day" shall be defined as the 24-hour period beginning at 12:00:01 a.m. ET and ending at 11:59:59 p.m. ET. Limit one (1) registration per person/email address.
If Shirtscuffle.com determines, in its sole and absolute discretion, that any participant or voter has not complied with these Term of Use in any way, Shirtscuffle.com reserves the right to cancel that voter or participant’s account, disqualify all their votes and disqualify any Artwork that they have submitted and disallow any further participation on the Site.
Once each Voting Period has ended, the respective participants responsible for the Artwork with the highest rating will each be deemed the winner. Ratings are determined by multiplying the (rating given by the number of people who rated it) divided by (the total number of people who voted during the applicable Voting Period). If there is a tie among the Artwork Content after a Voting Period has ended, Shirtscuffle.com (and/or its Artwork agent), in its sole and absolute discretion, will review the tied Artworks and will break the tie based on the Artwork Content that first in time received the highest rating during the Voting Period. The winning Artwork Content will be determined solely by the number of Votes cast for each Application as set forth herein. Shirtscuffle.com is under no obligation to review or consider the similarity of other Artwork Content in determining whether or not to accept a Artwork. Shirtscuffle.com decisions, in its sole and absolute discretion, are final and binding in all matters relating to the Website and Artwork competition.
Shirtscuffle.com may, and without prior notice, immediately terminate your Shirtscuffle.com account and access to the Website and any other Shirtscuffle.com services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Use other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) non-payment of any fees owed by you in connection with the Website or any other Shirtscuffle.com product. You agree that all terminations for cause shall be made in Shirtscuffle.com’s sole discretion and that Shirtscuffle.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SHIRTSCUFFLE.COM, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF SHIRTSCUFFLE.COM, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SHIRTSCUFFLE.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. SHIRTSCUFFLE.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND SHIRTSCUFFLE.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHIRTSCUFFLE.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL SHIRTSCUFFLE.COM, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF SHIRTSCUFFLE.COM, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS 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.
YOU SPECIFICALLY ACKNOWLEDGE THAT SHIRTSCUFFLE.COM SHALL NOT BE LIABLE FOR USER CONTENT OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless Shirtscuffle.com, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Shirtscuffle.com, 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 Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website. The Website is controlled and offered by Shirtscuffle.com from its facilities in the United States of America. Shirtscuffle.com makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Shirtscuffle.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Shirtscuffle.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Shirtscuffle.com without restriction.
If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Shirtscuffle.com’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Shirtscuffle.com reserves the right to amend these Terms of Use at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
The Shirtscuffle.com Website is © 2009, Shirtscuffle LLC – All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Shirtscuffle.com. All of the Shirtscuffle.com trademarks are owned by [Shirt Scuffle LLC] Shirtscuffle.com and may not be used for any purpose without the prior written permission of Shirtscuffle.com.
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in these Terms of Use.
You may contact us at:
Shirt Scuffle LLC
PO Box 592
Red Bank, NJ 07701
admin@shirtscuffle.com
