TERMS AND CONDITIONS
Terms and Conditions
1.Interpretation and Definitions
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Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
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Definitions
For the purposes of these Terms and Conditions:
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Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to SinceriteeShirts, 1815 El Camino Real Ste. 8, Burlingame, CA 94010.
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Country refers to the United States of America.
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Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
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Service refers to the Website.
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Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
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Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
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Website refers to SinceriteeShirts, accessible from https://www.sinceriteeshirts.com/
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You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
2.Use of Website
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By accessing and using our Website, you agree to comply with these Terms and Conditions and all applicable laws and regulations.
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You may not use our Website:
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In any way that violates any applicable federal, state, local, or international law or regulation.
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To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
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To impersonate or attempt to impersonate the Company, a Company employee, another user,
or any other person or entity.
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To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
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Additionally, you agree not to:
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Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website.
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Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
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Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
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Use any device, software, or routine that interferes with the proper working of the Website.
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Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
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Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
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Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
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Otherwise attempt to interfere with the proper working of the Website.
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We reserve the right to terminate your use of the Website or any related services for violating any of the prohibited uses.
3.Products
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All products are made using print-on-demand technology. Each item is printed only after an order is placed.
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We strive to display as accurately as possible the colors and images of our products. However, we cannot guarantee that your computer monitor’s display of any color will be accurate.
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We reserve the right to discontinue any product at any time.
4.Orders
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When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your offer for any reason.
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After placing an order, you will receive an email confirmation. This email is an acknowledgment that we have received your order, but does not confirm acceptance of your offer to buy.
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We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
5.Pricing and Payment
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All prices are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed.
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In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we have the right to refuse or cancel any orders placed for the product listed at the incorrect price.
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Payment must be received in full before the order is fulfilled.
6.Prices Policy
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Currency: All prices on our website are listed in United States Dollar unless otherwise specified.
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Price Changes: We reserve the right to modify prices for our products at any time without prior notice. The price applicable to your order will be the price displayed on our website at the time we receive your order.
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Discounts and Promotions:
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We may, at our discretion, offer promotional discounts or coupon codes.
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Discounts and promotions are valid only for the specified time period or while stocks last.
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Unless otherwise stated, discounts and promotions cannot be combined with other offers.
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We reserve the right to modify or cancel any promotion without prior notice.
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Bulk Orders: For bulk orders, please contact our customer service for potential volume discounts.
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Taxes:
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Prices displayed on the website do not include sales tax, VAT, or other applicable taxes.
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Any applicable taxes will be calculated and added at checkout based on your shipping address and the value of your order.
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Price Matching: We do not offer price matching with other retailers or our own past prices.
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Errors: In the event of a pricing error on our website, we reserve the right to cancel any orders placed for products listed at the incorrect price, even if the order has been confirmed and your credit card has been charged. If this occurs, we will immediately refund the charged amount.
7.Shipping and Delivery
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Shipping times may vary depending on the product and destination. We are not responsible for delays caused by shipping carriers or customs.
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Risk of loss and title for items purchased pass to you upon delivery of the items to the carrier.
8.Returns and Refunds
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Due to the custom nature of our products, we do not offer returns unless the item is defective or damaged upon receipt.
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If you receive a defective or damaged item, please contact us within 7 days of receipt for a replacement or refund.
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Refunds will be issued to the original payment method used for the purchase.
9.Intellectual Property
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The Service and its original content, features, and functionality are and will remain the exclusive property of SinceriteeShirts and its licensors.
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Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SinceriteeShirts.
10.User-Submitted Designs
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If you submit designs for custom products, you warrant that you have the right to use and reproduce that content.
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We reserve the right to refuse printing any content that we deem to be illegal, offensive, or in violation of any third-party rights.
11.Limitation of Liability
11.1. SinceriteeShirts shall not be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.
12.No Warranty
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The Service and all products are provided “as is” and “as available” without any warranty or condition, express, implied or statutory. We do not warrant that the Service or any products will be uninterrupted, timely, secure, or error-free.
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We make no warranty that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations or be free from mistakes, errors or defects.
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We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Service, the content and any products or services purchased through the Service.
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Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
13.Governing Law
13.1. These Terms shall be governed and construed in accordance with the laws of the United States of America and the State of California, without regard to its conflict of law provisions.
14.Changes to Terms
14.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any significant changes by posting the new Terms on this page.
15.California Online Privacy Protection Act (CalOPPA)
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In accordance with the California Online Privacy Protection Act (CalOPPA), we agree to the following:
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Users can visit our site anonymously.
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We will add a link to our Privacy Policy on our home page, or at a minimum, on the first significant page after entering our website.
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Our Privacy Policy link includes the word ‘Privacy’ and can be easily found on the page specified above.
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Users will be notified of any Privacy Policy changes on our Privacy Policy Page.
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Users can change their personal information by emailing us or by logging in to their account.
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Our Policy on “Do Not Track” Signals:
We honor Do Not Track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
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Third-Party Behavioral Tracking:
We do not allow third-party behavioral tracking.
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COPPA (Children Online Privacy Protection Act):
We do not specifically market to children under the age of 13 years old.
16.DMCA (Digital Millennium Copyright Act)
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We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using our service that are reported to our Designated Copyright Agent identified in the sample notice below.
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If you are a copyright owner, or are authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent.
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Upon receipt of Notice as described below, our Designated Copyright Agent will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site and/or termination of the user’s account in appropriate circumstances.
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DMCA Notice of Alleged Infringement (“Notice”):
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Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
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Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
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Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
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Include both of the following statements in the body of the Notice:
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“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
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“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
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Provide your full legal name and your electronic or physical signature.
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Deliver this Notice, with all items completed, to our Designated Copyright Agent: [Your Designated Copyright Agent’s Name]
[Your Company Name] [Full Address]
[Email Address]
18.California Legal Notices
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Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice:
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
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In accordance with California Business and Professions Code Section 17538, we provide the following information:
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Our company name is SinceriteeShirts.
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Our address is 1815 El Caminor Real, STe. 8, Burlingame, CA 94010.
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Our telephone number and email address for customer service inquiries are 650-374-2079 and hello@sinceriteeshirts.com.
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The prices for our products can be found on our website. All prices are subject to change without notice. Applicable sales tax and shipping costs will be added to the price of your purchase.
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We begin processing orders after payment is received. Shipping times may vary depending on the product and destination.
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Our return policy is outlined in Section 8 of these Terms and Conditions.
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We reserve the right to change the terms of sale at any time.
19.Privacy Policy
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Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms and Conditions by reference, explains how we collect, use, and disclose information about you. Please review our Privacy Policy here.
20.Third Party Links and Content
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Our Service may contain links to third-party websites or services that are not owned or controlled by SinceriteeShirts.
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SinceriteeShirts has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that SinceriteeShirts shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
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We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
21.Dispute Resolution
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If you have any concerns or disputes about the Service, you agree to first try to resolve the dispute informally by contacting the Company.
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For any dispute not resolved informally, you agree to resolve any claim, cause of action, or dispute you have with us arising out of or relating to these Terms or the Service exclusively in the United States of America in the State of California in the County of San Mateo court. You also agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim, and that the laws of the County of San Mateo in the State of California in the United States of America will govern these Terms and any claim, without regard to conflict of law provisions.
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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 Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
22.Prohibited Activities
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You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
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As a user of the Service, you agree not to:
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Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
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Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
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Use the Service to advertise or offer to sell goods and services.
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Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Service and/or the Content contained therein.
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Engage in unauthorized framing of or linking to the Service.
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Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
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Make improper use of our support services or submit false reports of abuse or misconduct.
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Engage in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and extraction tools.
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Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.
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Attempt to impersonate another user or person or use the username of another user.
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Use any information obtained from the Service in order to harass, abuse, or harm another person.
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Use the Service as part of any effort to compete with us or otherwise use the Service and/or the Content for any revenue-generating endeavor or commercial enterprise.
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Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.
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Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service.
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Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you.
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Delete the copyright or other proprietary rights notice from any Content.
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Copy or adapt the Service’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
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Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service.
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Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
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Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software.
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Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service.
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Use the Service in a manner inconsistent with any applicable laws or regulations.
23.Miscellaneous
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Entire Agreement: These Terms constitute the entire agreement between you and SinceriteeShirts regarding your use of the Service, superseding any prior agreements between you and SinceriteeShirts relating to your use of the Service.
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Waiver: The failure of SinceriteeShirts to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
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Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
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Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without SinceriteeShirt's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. SinceriteeShirts may freely assign or transfer these Terms without restriction.
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Headings: The section titles in these Terms are for convenience only and have no legal or contractual effect.
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Notices: Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to hello@sinceriteeshirts.com).
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Force Majeure: SinceriteeShirts shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
24.Contact Us
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If you have any questions about these Terms, please contact us at hello@sinceriteeshirts.com.
By using our Service, you acknowledge that you have read and understood these Terms and agree to be bound by them.