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Effective Date: January 31, 2005
1. INTRODUCTION
Please read these Terms and Conditions ("Terms of Use") carefully before using this
web site ("Web Site"). Your use of this Web Site is subject to these Terms of Use,
any other terms, conditions or guidelines set out elsewhere in this site, as well
as all applicable laws, rules and regulations, including but not limited to laws
regarding trademarks, copyrights, rights of privacy and publicity, pornography,
defamation and Export Controls laws. By establishing an account with a user name
and password you accept, on your own behalf and on behalf of any entity which might
represent, these Terms of Use and acknowledge that these Terms of Use constitute
a binding agreement between you and South River Trading Company ("South River").
2. User Eligibility
This Web Site is provided by South River and is available only to persons over the
age of 18 who can form legally binding agreement(s) under applicable law. If you
do not qualify, you are not permitted to use the Web Site or order product or services
from South River.
3. Privacy Policy
The South River Privacy Policy is our commitment to safeguarding your privacy and
governs the use of information collected from you or provided by you at the Web
Site. Please review our
PRIVACY POLICY prior to your use of this Web Site.
4. Content Requirements
You agree that you are solely responsible for all of the images and content
which you upload to the Web Site and which are then reproduced by South River.
By uploading an image you represent that you are the owner of, or have the
consent of the owner to copy and display, the image and that you will fully
indemnify South River from any actions which may arise from your submission and
the copying of the image. You further agree that you will not submit any
material that:
a. Infringes any copyright, trademark, patent or other intellectual property
right;
b. Harms a minor in any way, including, but not limited to, child sexual
exploitation or child pornography depictions;
c. Is unlawful to have, copy or duplicate; or
d. Is an invasion of privacy, defamatory, libelous, scandalous, inflammatory,
illegal, unlawful, threatening, menacing, abusive or harmful. You are hereby
advised that any images submitted by you are subject to review and examination
by South River. Any and all images are subject to all applicable laws regarding
child pornography, child abuse, or obscene or pornographic material. Any
perceived violations of law will be reported by South River to applicable law
enforcement authorities and South River will provide any and all information
which may be requested by such authorities.
5. Payment and Shipping Requirements
South River will only accept payment for product via authorization from PayPal as
a charge to your major credit card or an electronic debit to your banking account.
South River will only ship product to addresses authorized by these services and
in addition, will only ship product to locations within the United States of America
and its territories.
6. Product Return Policy
We value the trust you place in South River and want to ensure that you are
satisfied with every item you receive from us. We hand inspect every item prior
to packaging and shipping your order and have automated most steps of our
production process to eliminate errors in manufacturing. However, we are unable
to have any control over the quality or coloring of the images you supply to us
and which become an integral part of this product which is custom produced for
you.
A. If the package and contents is damaged when you receive it or you fail to
receive your order AND you have purchased shipping insurance you may file a
claim with the carrier. South River will assist you in this process by
supplying an email with the value of the shipment and the necessary shipment
data for the carrier. Unfortunately, except as stated here, South River cannot
accept any responsibility for lost or damaged shipments.
B. If, when you receive your order, you are not satisfied with the items for
any reason, you may return them for a refund subject to the following:
a. If South River notified you via email that your submitted image data was of
questionable reproduction quality and you waived this concern by instructing
South River to proceed with production such items are not eligible for return
for any reason.
b. All quantities of the item to be returned should be shipped prepaid and
insured to South River. Upon verification that the entire quantity of the item
has been returned, South River will issue to you a credit for the actual amount
of the purchase, less shipping and handling expenses. The maximum credit that
will be issued is $25.00 per line item.
C. This Return Policy is subject to change and the changes will become
effective immediately. If we materially change this Return Policy we will
notify account members of the changes via email and by revising the effective
date of the Return Policy appearing at the top of the page. Changes will only
be effective for orders placed after the effective date of the Return Policy.
7. License and Ownership
Any copyrighted material, trademarks, tradenames, logos, and/or service marks displayed
on the Web Site are the property of South River , its affiliates or business partners
and must not be used in any manner without the express prior written consent of
its owner. Any images contained in the Web Site are the property of South River,
its affiliates or business partners and may not be used or copied by you without
the express written consent of South River. South River grants you a limited, personal,
nontransferable, revocable license to (a) access and use only the Web Site only
in the manner presented by South River, and (b) access and use the South River computer
and network services offered within the Web Site (the "South River Systems") only
in the manner expressly permitted by South River. You may not download any software
or images contained on the Web Site (the "Content"). You may not sell, offer for
sale, modify, reproduce, display, publicly perform, import, distribute, retransmit
or otherwise use the Web Site or its contents in any way, without the express written
consent of South River. All patterns and designs contained on any product supplied
by South River are owned by South River or its licensors and may not be reproduced
or copied without the express written consent of South River.
8. Third Party Links
The Web Site may contain links ("Links") to third-party Web Sites which may be of
interest to you. These Links are provided solely as a convenience to you and not
as an endorsement by South River of the content on such Links or its operators.
South River makes no representations or warranties regarding the correctness, accuracy,
performance or quality of any content, software, service or application found at
any of these Links. South River is not responsible for the availability of the Links
or the content or activities of such sites. If you decide to access these Links,
you do so at your own risk. In addition, your use of these Links is subject to any
of their applicable policies and terms and conditions of use, including but not
limited to, the Link's privacy policy.
9. Termination
You agree that South River, in its sole discretion, may terminate or suspend your
use of the Web Site at any time and for any or no reason in its sole discretion,
even if access and use continues to be allowed to others. Upon such suspension or
termination, you must immediately (a) discontinue use of the Web Site, and (b) destroy
any copies you have made of any portion of the Content. Accessing the Web Site after
such termination or suspension shall constitute an act of trespass. Further, you
agree that South River shall not be liable to you or any third party for any termination
or suspension of your access to the Web Site.
10. Relationship of Parties
No agency, partnership, joint venture, employee-employer or franchisor-franchisee
relationship is intended or created by these Terms of Use. You agree that your use
of the Web Site or purchase of any South River product or service is for your own
consumption and not for resale or commercial distribution.
11. Submissions
South River does not accept ideas, concepts, or techniques for new services or products
through the Web Site ("Comments"). If such Comments are received, you acknowledge
that (a) they will not be considered confidential or proprietary, (b) South River
and its affiliates are under no obligation to keep such information confidential,
and (c) South River will have an unrestricted, irrevocable, world-wide, royalty
free right to use, communicate, reproduce, publish, display, distribute and exploit
such Comments in any manner it chooses.
12. Compliance with Law Including Export Control
You agree to use the Web Site, its Content and any products or services received
from South River in strict compliance with all applicable United States federal,
state and local laws, statutes, rulings and regulations and in a fashion that does
not harm or violate the rights of any person or entity and not to take any actions
which would cause South River to be in violation of any laws, rulings or regulations
applicable to South River. The downloading or exporting of software is subject to
all applicable laws, rules and regulations, including but not limited to laws regarding
copyrights and U.S. Export Controls laws and regulations prohibiting the exporting
of software to certain countries and individuals.
13. Disclaimer of Warranties
SOUTH RIVER MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING
THE WEB SITE, THE SOUTH RIVER SYSTEMS, THE PRODUCTS, THE SERVICES OR THE CONTENT.
THE USE OF SAME IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SOUTH RIVER,
ITS AFFILIATES, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED
BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
SOUTH RIVER AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS
OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT,
INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEB SITE OR THE SOUTH
RIVER SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE WEB SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED BY SOUTH RIVER IN THESE TERMS OF USE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS
AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER,
YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS.
YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY
PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
14. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT SOUTH RIVER
IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, SOUTH RIVER IS RESPONSIBLE FOR ACTUAL
DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SOUTH RIVER, ITS
AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEB
SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL
DAMAGES OR LOST PROFITS RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEB SITE,
THE SOUTH RIVER SYSTEMS, PRODUCTS, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY,
CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SOUTH RIVER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE
REMEDIES STATED HEREIN ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED
FOR HEREIN.
The submission of any image to us constitutes an agreement by you that if such image
is damaged, lost or mishandled by South River or South River fails to reproduce
such image on any of the South River products purchased in a manner satisfactory
to you, or if unauthorized access is gained or misuse of an image is made by any
third party, our liability will be limited, at our option, to replacement or a refund
as set forth in these terms and conditions.
15. Applicable Law and Jurisdiction
To the fullest extent permitted by law, these Terms of Use are governed by and construed
in accordance with the laws of the Commonwealth of Virginia. You agree that any
claim or cause of action arising out of or related to your use of the Web Site,
the Content or South River products or services must be filed within one (1) year
after such use.
16. General Information
You may not assign these Terms of Use or any of your interests, rights or obligations
under these Terms of Use. South River may assign our rights and responsibilities
hereunder without notice to you. If any provision of these Terms of Use is found
to be invalid by any court having 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. Further, the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision most closely
matching the intent of the original provision. No waiver of any of these Terms of
Use shall be deemed a further or continuing waiver of such term or condition or
any other term or condition. You may preserve these Terms of Use in written form
by printing them for your records, and you waive any other requirement that these
Terms of Use be evidenced by a written document.
17. Amendment and Modifications of these Terms of Use and Web Site
South River may revise, update or modify these Terms of Use, the Web Site, the Contents,
or the offered products and services at any time in our sole and absolute discretion.
Your continued usage of the Web Site or ordering of any product after any changes
to these Terms of Use will mean you accept those changes. Any aspect of the Web
Site may be changed, supplemented, deleted or updated without notice to you at the
sole discretion of South River. South River may also change, add or modify fees
for the use of this Web Site or for products and services provided through this
Web Site. South River may establish or change, at any time, general practices and
limits concerning other South River products and services in its sole discretion.
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