1. ACCEPTANCE OF TERMS
Techtomix LLC. provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By accessing any page on any Techtomix owned web site, you agree to be bound by these terms and conditions. In addition, when using particular Techtomix services, you may be subject to additional posted guidelines or rules applicable to our partners or affiliates, or specific to such services which may be posted on our site or on the sites of our partners or affiliates, from time to time. All such guidelines or rules are hereby incorporated by reference into these TOS.
2. USE OF SERVICE
Techtomix currently provides users with access to a large collection of online design and printing resources (collectively, the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Techtomix features, shall be subject to these TOS. You understand and agree that the Service is provided "AS-IS" and that Techtomix assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication, design, graphic, or photo that you or any other person customizes or supplies.
(a) DESIGN SHOP GRAPHICS
Graphics selected from any of the MyGarb's web sites may be used on any printed product for individual, internal or promotional non-commercial purposes only
If you have any questions regarding the use of Techtomix graphics, please contact us directly via email firstname.lastname@example.org .
(b) PERSONAL DATA
3. CUSTOMER CONTENT
You understand that all information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not MyGarb, are entirely responsible for all Content that you send, upload, post or otherwise transmit via the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. You agree to not use the Service to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of Techtomix or any third party. Techtomix does not control the Content posted or uploaded by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will Techtomix be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable.
You acknowledge that Techtomix may not pre-screen Content, but that Techtomix and its designees shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the TOS or may otherwise be objectionable. You further acknowledge and agree that Techtomix 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; (b) enforce the TOS; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of MyGarb, its users and the public.
You agree to indemnify and hold MyGarb, and its subsidiaries, affiliates, officers, agents, co-branders, print vendors, business partners, employees, successors or assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, upload, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of the rights of a third party.
5. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
6. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Techtomix may establish general practices and limits concerning your use of the Service, including without limitation the maximum number of days that designs or other uploaded Content will be retained by the Service, the maximum size of any Content that may be uploaded on the Service, and the maximum disk space that will be allotted on MyGarb's servers for Customer use. You agree that Techtomix has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted to the Service. You acknowledge that Techtomix reserves the right to delete Content stored on the Service which is inactive for an extended period of time. You further acknowledge that Techtomix reserves the right to change its general practices and limits at any time, in its sole discretion, with or without notice to you.
7. MODIFICATION OR TERMINATION TO SERVICE
Techtomix reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that MyGarb, in its sole discretion, may terminate your password, account (or any part thereof) or your use of the Service, and remove and discard any Content for any reason, including, without limitation, for lack of use or if Techtomix believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Techtomix may also in its sole discretion, and at any time, discontinue providing the Service, or any part thereof, with or without notice to you. You agree that Techtomix shall not be liable to you for any loss or damage you may suffer due to any modification, suspension, termination or discontinuance of the Service.
8. DEALINGS WITH THIRD PARTIES
Your correspondence or business dealings with, or participation in promotions of, any third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Techtomix shall not be responsible or liable for any loss or damage of any sort incurred by you as the result of any such dealings or as the result of the presence of such third parties on the Service.
From time to time, you may find, links to third party websites from the Service. You acknowledge your understanding that your access to and use of any third party website will be governed by the terms and conditions belonging to such third party. Techtomix does not endorse and is not responsible for your use of or exposure to any content, advertising, products, or other materials found at or available from these websites. You further acknowledge and agree that Techtomix shall not be responsible or liable, directly or indirectly, for any damage or loss you may suffer or allege to suffer in connection with your use of or reliance upon any content, goods or services available on or through any third party website.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. Techtomix EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
(b) MYGARB MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
(c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYGARB OR THROUGH THE USE OF THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYGARB AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, VENDORS OR OTHER BUSINESS PARTNERS, SHALL NOT BE LIABLE TO YOU 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 Techtomix HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE SERVICE; (ii) YOUR 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 SERVICE; (iii) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
12. TRADEMARK INFORMATION
Techtomix and MyGarb.com are trademarks of Techtomix LLC. You shall not display or use in any manner, the Techtomix Marks, without MyGarb's prior written permission. All other brand and product names found on the Techtomix site are considered trademarks or registered trademarks of their respective companies.
You may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed via the Techtomix Service. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos.
The same policy applies for copyrights. You may not use copyrighted materials from artists, photographers, publishers, writers, composers, and other authors of original works unless they are specifically licensed to you by the copyright holder.
13. COPYRIGHT INFRINGEMENT
Techtomix respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Techtomix with the following information:
(a) an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
All communication with regard to copyright infringement should be directed to:
319 South Westgate Drive Suite E.
Greensboro , NC 27407 USA
14. GENERAL INFORMATION
The TOS constitutes the entire agreement between you and Techtomix and govern your use of the Service, superseding any prior agreements between you and MyGarb. You also may be subject to additional terms and conditions that may apply when you use affiliate services, or third-party content. These TOS and the relationship between you and Techtomix shall be governed by the laws of the State of Massachusetts , without regard to its conflict of law provisions. You and Techtomix agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Middlesex , Massachusetts . The failure of Techtomix to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Service group via email to email@example.com .
MYGARB LEGAL NOTICE
Techtomix LLC. maintains Internet sites as a service to the Internet community. Access and use of any of Techtomix LLC.'s Web sites are subject to the terms and conditions set forth herein and all applicable laws. Techtomix reserves the right to revise these terms and conditions from time to time by updating this posting.
Please be advised that Techtomix LLC and Techtomix.com are trademarks and/or service marks of Techtomix Shop Inc.
Techtomix invites the Internet user community to browse and peruse Techtomix Web sites for the purpose of personal entertainment, making purchases, obtaining promotions and incentive offers, information, education and/or communication to Techtomix LLC.
The Techtomix offer is an offer to provide services and acceptance is expressly conditioned upon your acceptance of these terms and conditions. This agreement represents the entire agreement between you and Techtomix and supersedes any and all other communications, prior, contemporaneous or subsequent, and any course of performance or course of dealing, except as modified by a written agreement signed by an authorized officer of Techtomix LLC Techtomix reserves the right to refuse access to any and all Techtomix Web sites.
Techtomix will use reasonable efforts to include accurate and up to date information on MyGarb.com, but Techtomix makes no warranties or representations as to its accuracy. All users agree that all access and use of Techtomix Web sites and the content thereof is at your own risk. Neither Techtomix nor its Internet service provider nor any other party involved in creating, producing or delivering Techtomix Web sites or products shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access, use or inability to use Techtomix Web sites, or any errors or omissions in the content thereof.
Please be advised that any communication or material you transmit to Techtomix via Techtomix Web sites or Internet electronic mail is on a non-confidential basis with no promise by Techtomix not to use such communication or material for any purpose whatsoever, including reproduction, publication, broadcast, posting, or other public or commercial use. Techtomix reserves the right not to respond to, and/or not to post, any communication from a user. Customer data and related profiling, collected as part of the Techtomix user experience will, however, adhere to generally accepted, opt-in, permission-based marketing standards.
Techtomix operates a variety of application and services in its own name and on its own account, and, our clients using Techtomix web sites, in particular, have no responsibility with respect to the provision of these web site.
Please be advised that the images of people, places, logos and/or objects available in Techtomix Web sites are either the property of, or used with permission by, MyGarb. The use or misuse of those images except as permitted by this agreement is expressly prohibited. Any impermissible use or misuse of such images may be a violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity and communications regulations and statutes.
Please be advised that Techtomix LLC, MYGARB.COM, and PERSONALIZED APPAREL AND GEAR are trademarks and/or service marks of Techtomix LLC
Please be advised that Techtomix actively and aggressively enforces its intellectual property rights to the fullest extent of the law.