Access to the Web Site
Emc Ventures grants you a limited, revocable, nonexclusive license to access the Web Site for your own personal use. You may not sub-license your rights hereunder to a third party, and this license does not extend to:
- access to the Web Site by Posting Agents; or
- any collection, aggregation, copying, duplication, display or derivative use of the Web Site nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Emc Ventures.
A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Web Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
Conditions of Access To User's Account
User is responsible for protecting the confidentiality of User's identification and/or password and is responsible for all use of User's account whether expressly authorized by User or not. User is also responsible for terminating each session by following the proper log out directions provided by Emc Ventures. Emc Ventures shall not be responsible for any damage arising from User's failure to comply with this section.
Postings and Submissions
By uploading files, posting messages, inputting data or engaging in any other form of communication (individually or collectively "Communications") to or with the Web Site, you hereby warrant and represent that you are the owner of your Communications or you have all rights necessary to upload, post, transmit and otherwise use any such Communications for your intended purpose. User hereby grants to Emc Ventures a worldwide, non-exclusive, royalty free license to use, copy, distribute, display, publicly perform, reproduce, transmit, modify, and edit your Communications solely in order to fill your order for custom designed apparel with us.
This Web Site is protected by copyright pursuant to U.S. copyright laws, international treaties and other copyright laws. The Web Site contains copyrighted material, trademarks and other proprietary information of Emc Ventures and others, including, without limitation these designers and/or companies (collectively "Proprietary Material"), which may include, but shall not be limited to: text, software, photos, video, graphics, images, music and sound. User agrees not to modify, publish, copy, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material without proper authorization.
Digital Millennium Copyright Act Notices
Emc Ventures will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For directions and more information, please click here.
User represents warrants and covenants that User shall not upload, post or transmit to or distribute or otherwise publish through the Web Site any materials which:
- restrict or inhibit any other user from using and enjoying the Web Site;
- are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
- falsely state or otherwise misrepresent your affiliation with any person or entity;
- constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law;
- violate, plagiarize or infringe the rights of third parties including without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
- contain a virus or other harmful component;
- contain any information, software or other material of a commercial nature;
- contain advertising of any kind; and
- constitute false or misleading indications of origins or statements of fact.
No Liability for Reliance
Emc Ventures does not represent or endorse the accuracy or reliability of any third party advice, opinion, statement or any other third party information displayed or distributed through the Web Site. User acknowledges that any reliance upon any third party opinion, advice, statement, memorandum or information shall be at User's sole risk.
User agrees to indemnify, defend and hold harmless Emc Ventures and its directors, officers, employees, agents and shareholders, and defend any action brought against them with respect to any claim, demand cause of action, debt or liability, including costs and reasonable attorneys' fees to the extent that it is based on a claim that (i) if true, would constitute a breach of any of your representations, warranties or agreements made in these Terms; or (ii) arises out of your negligence or willful misconduct in regard to your use of the Site.
THE WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR CONTENT OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THIS WEB SITE, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY, CORRECTNESS OR VALIDITY OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THE WEB SITE RESTS WITH USER.
Emc Ventures does not warrant that the functions of the Web Site will meet User requirements or that the operation of the Web Site will be uninterrupted or error free.
No Liability for Loss or Injury
Emc Ventures shall not be liable for any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating or delivering information contained in the Web Site.
Links to Third Party Sites
The Web Site may contain hyperlinks to web sites operated by parties other than Emc Ventures. Such hyperlinks are provided for reference only. Emc Ventures does not control such web sites, and is not responsible for their contents. Cloz Companies' inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.
Limitations on Liability and Remedies
Emc Ventures IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OF OR THE INABILITY TO USE THE WEB SITE. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATIONS LINES FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
In no event shall Emc Ventures be liable for any indirect, special, incidental, punitive or consequential damages, including lost profits, arising out of the use or performance of the Web Site, even if the Emc Ventures has been advised of the possibility of such damages.
The privacy policies of Emc Ventures are accessible by clicking on privacy. By accepting these Terms, User expressly consents to use of User's information, as enumerated in the then-current privacy policies of Emc Ventures, which are incorporated herein by reference.
Emc Ventures may terminate User's right to access the Web Site at any time, with or without cause, in Emc Ventures' absolute discretion and without notice. The recital in this agreement of specific grounds for termination of User's right to access the Web Site shall in no manner whatsoever limit Emc Ventures' absolute right to terminate User's access to the Web Site under this paragraph.
Right to Modify Terms
Emc Ventures has a right to modify these terms in any manner and at any time, with or without cause, in Emc Ventures' absolute discretion and without notice or liability. Any modification is effective immediately upon posting on the Web Site. Users continued use of the Web Site following any modification of these Terms shall be conclusively deemed an acceptance of any modification. User's only right with respect to any dissatisfaction with any modification made pursuant to this provision, or any policies or practices of Emc Ventures in providing the Web Site, is to cease use of the Web Site.
Right to Modify Web Site Emc Ventures may at any time, without notice or liability, change or eliminate any content or feature of the Web Site, or restrict the use of any portion of the Web Site. Users only right with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Web Site.
These Terms are governed by the laws of the State of Illinois and by the federal laws of the United States, without reference to conflict of laws principles. The federal and state courts within Cook County, Illinois shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement, and User hereby expressly consents to such personal jurisdiction. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The failure of Emc Ventures to act with respect to a breach by a User does not waive Emc Ventures' right to act with respect to subsequent or similar breaches. User may not assign or transfer this Agreement or his or her rights hereunder, and any attempt to the contrary is void. Emc Ventures shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond its control. User shall comply with all applicable laws and regulations relating to User's access to and use of the Web Site. This Agreement sets forth the entire understanding and agreement between Emc Ventures and User with respect to the subject matter hereof and supersedes any prior understandings or agreements with respect to such subject matter.
Should you have any questions concerning these Terms, or if you desire to contact us for any reason, please contact us.