Privacy, Copyright & Related Matters
Terms and Conditions
Welcome to Texsunglass.com (the
"Site"). Texsun Eyewear, Inc. (the "Company") provides this
Site and related services subject to the following terms and conditions of use
(the "Site Terms"). By accessing, browsing or using this Site you
agree to follow and be bound by these Site Terms and Conditions and all
applicable law.
Privacy
We have adopted a Privacy Statement that you
should refer to in order to fully understand how we collect and use your
information.
Electronic Communications
When you visit this Site, or send us emails,
you are communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you by email or
by posting notices on this Site. You agree that all agreements, notices,
disclosures, and other communications that we provide to you electronically
satisfy any legal requirement that such communication be in writing.
Copyright
Images of people, places, and/or products posted
on this Site are either the property of the Company, or are used herein with
express permission of the Company. Unless otherwise noted, all content included
on this Site, including images, illustrations, designs, icons, photographs,
video clips, and written and other materials, is the property of the Company or
its suppliers, partners, or affiliates and is protected by United States and
international copyright laws. The compilation of this Site is the exclusive
property of the Company and is protected by United States and international
copyright laws. Any unauthorized use of any content or materials on this Site
is strictly prohibited and may violate copyright and trademark laws and/or the
laws of privacy, publicity, and/or communications regulations and statutes. Any
use of the materials or content on this Site can be made only with the prior
written and express authorization of the Company. For further information on
how you may obtain authorization to use any materials or content on this Site,
please contact the Company at the "Contact Us" section of this Site.
Trademarks
All trademarks, trade dress and service marks
and their respective designs and/or logos on this Site are trademarks or
registered trademarks of the Company or its affiliates. The Company's and its
affiliate's trademarks and/or trade dress may not be copied, imitated or used,
in whole or in part, without the prior written permission of the Company. In
addition, all page headers, custom graphics, button icons, and scripts are
trademarks and/or trade dress of the Company, and may not be copied, imitated,
or used, in whole or in part, without the prior written permission of the
Company. All other trademarks, registered trademarks, product names and company
names or logos used in this Site are the property of their respective owners.
You may not use any trademarks, trade dress, service marks or intellectual
property of the Company or its affiliates, nor may you place any meta tags or
any other "hidden text" utilizing the Company's or its affiliate's
names, trademarks, or product names without our express written consent.
License and Site Access
We grant you a limited license to make
personal use only of the Site. Such grant does not include, without limitation:
(a) any resale or commercial use of this Site or any of the contents of this
Site; (b) modification, adaptation, translation, reverse engineering,
decompilation, disassembly or conversion into human readable form any of the
contents of this Site not intended to be so read, including use of or directly
viewing the underlying HTML or other code from this Site except as interpreted
and displayed in a web browser; (c) copying, imitating, mirroring, reproducing,
distributing, publishing, downloading, displaying, performing, posting or transmitting
any of the contents of this Site (including any Company trademarks) in any form
or by any means, including, but not limited to, electronic, mechanical,
photocopying, recording or otherwise; (d) the collection and use of any product
listings or descriptions; (e) making derivative uses of the Site and any of the
contents of the Site; or (f) use of any data mining, bots, spiders, automated
tools or similar data gathering and extraction methods, directly or indirectly,
on the contents of the Site or to collect any information from the Site or any
other user of the Site.
Your Account
If you use this Site and such use requires
setting up an account and/or password(s), you are solely responsible for
maintaining the confidentiality of your account and password(s) and for
restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. We reserve the right
to refuse service, terminate accounts, remove or edit content, or cancel orders
in our sole discretion. If you register on the Site, you agree that any
information you provide to us will be current, accurate and complete. The
Company will not be liable for any loss that you may incur as a result of
someone else using your password or account, either with or without your
knowledge. However, you could be held liable for losses incurred by the Company
or another party due to someone else using your account and/or password either
with or without your knowledge. You agree to notify the Company immediately of
any unauthorized use of your account and/or password(s), or other breach of
security.
Matter you may submit to the Company
From time to time the Company may make
available on this Site bulletin boards, chat rooms, comment areas, billboards,
forums, news groups, postings sections or similar communications facilities. In
such instances, the Company welcomes your comments regarding our merchandise
and services, including our Site. However, any notes, messages, billboard
postings, ideas, suggestions, or other material which you submit to the Company
must not harass, slander, malign, libel, defame, threaten, or otherwise violate
any rights of any third-parties and must not include any profanity, obscene,
indecent, pornographic, defamatory or unlawful material.
Any and all notes, messages, billboard
postings, ideas, suggestions, or other material which you submit to the Company
will become, upon your submission, the sole and exclusive property of the
Company and the Company shall be and is entitled to use any kind and nature of
material which you submit for any type of use in perpetuity, and including in
any and all media whether now known or hereafter devised. By submitting
material to this Site, you are agreeing and you do agree that the Company has
the right to publish any such material for any type of use as outlined above
including for promotional and advertising purposes, without compensation of any
kind to you. As a result, we must ask that you do not send us any original
creative materials such as stories, product ideas, catalog ideas, or original
artwork. However, if you choose to do so, you are forever assigning all rights
in such original creative materials to the Company. By submitting any materials
of any kind to the Company, you represent and warrant that you hold all
necessary right, title and license to such materials and that your submission
of such materials to the Company does not and will not violate or infringe the
rights of any third-parties.
The Company has no obligation to monitor the
bulletin board services, chat rooms, postings sections, news groups, forums,
communities and/or other message or communication facilities. However, the
Company reserves the right at all times and in its sole and absolute discretion,
to disclose any information deemed by the Company necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole or in part.
You acknowledge that communications to or
with bulletin board services, chat areas, news groups, forums, communities
and/or other message or communication facilities are not private
communications, therefore others may read your communications without your
knowledge. You should always use caution when providing any personal
information about yourself or your children. The Company does not control or
endorse the content, messages or information found in any bulletin board
services, chat areas, news groups, forums, communities and/or other message or
communication facilities and, specifically disclaims any liability with regard
to same and any actions resulting from your participation. To the extent that
there are moderators, forum managers or hosts, none are authorized Company spokespersons,
and their views do not necessarily reflect those of the Company.
Any communication or material you transmit to
the Site by electronic mail or otherwise, including any data, questions,
comments, suggestions, or the like is, and will be treated as, non-confidential
and non-proprietary, except as otherwise may be stated in our Privacy Policy.
Anything you transmit or post may be used by the Company or its affiliates for
any purpose, including, but not limited to, reproduction, disclosure, transmission,
publication, broadcast and posting. Furthermore, the Company is free to use any
ideas, concepts, know-how, or techniques contained in any communication you
send to the Site for any purpose whatsoever including, but not limited to,
developing, manufacturing and marketing products using such information.
You agree to fully indemnify the Company, its
shareholders, officers, directors, employees, agents, distributors, vendors,
and affiliates from and against any and all third party claims, demands, liabilities,
costs or expenses, including reasonable attorneys' fees, resulting from your
breach of any of these terms and conditions, including, but not limited to, any
allegations, damages or claims relating to any of your postings or
communications in any forums or facilities on the Site, or for infringement or
violation of any third-party rights.
Hyperlinks
The Company makes no claim or representation
regarding, and accepts no responsibility for, the quality, content, nature or
reliability of web sites accessible by hyperlink from this Site, or web sites
linking to this Site.
Children
This Site is designed for and intended for
use by adults. If you are under 18, you may use this Site only with involvement
of a parent or guardian. If you are a parent or legal guardian, you must
monitor and supervise the use of this Site by children, minors and others under
your care. You agree to be responsible for their use of this Web site.
Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ALL CONTENTS OF THE SITE ARE
PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED AND/OR EXPRESS
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES AND
PRODUCTS ON THIS SITE.
THE COMPANY MAKES NO REPRESENTATIONS OR
WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE,
CURRENT OR ERROR-FREE. THE COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS
OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON
THIS SITE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE OR
ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE FOREGOING DISCLAIMERS APPLY EVEN IF THE
COMPANY OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF ANY DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO THIS SITE AND/OR ITS
CONTENTS. BY USING THIS SITE YOU EXPRESSLY AGREE THAT ALL USE YOU MAY MAKE OF
THIS SITE, INCLUDING ALL USE OF ASSOCIATED CONTENT, DATA OR SOFTWARE
DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS MADE
SOLELY AT YOUR OWN RISK.
IN NO EVENT SHALL THE COMPANY, ITS PARENT,
SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE,
EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA,
WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO
NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE
OR INABILITY TO USE THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH,
THIS SITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, ITS
PARENT, SUBSIDIARIES OR AFFILIATES (WHETHER IN CONTRACT, WARRANTY, TORT
(INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY
OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE
LESSER OF $5, OR THE TOTAL AMOUNT YOU PAID TO THE COMPANY.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE
CONTAINED HEREIN.
Termination
Notwithstanding any of these Site Terms, we
reserve the right, without notice or attendant liability, and in our sole
discretion, to terminate your license to use this Site, and to block or prevent
future access to and use of this Site for any reason or no reason. Upon
termination, these Site Terms will still apply.
Applicable Law
By accessing, browsing or using this Site,
you agree that the laws of the State of Ohio, without regard to principles of
conflict of laws, will govern these Site Terms and any dispute of any sort that
might arise between you and the Company or its affiliates. Regardless of where
you access this Site, you agree that any action at law or in equity arising out
of or relating to these Site Terms shall be filed and adjudicated only in the
federal or state courts located in Warren County, Ohio and/or the Southern
District of Ohio, and you hereby irrevocably and unconditionally consent and
submit to the exclusive jurisdiction and venue of such courts over any suit,
action or proceeding between you and the Company or any of its affiliates.
Site Policies, Modification and Severability
We reserve the right to make changes to this
Site, our Privacy Statement, and these Site Terms at any time. If any of these
Site Terms shall be deemed invalid, void, or for any reason unenforceable, that
term shall be deemed severable and shall not affect the validity and
enforceability of any remaining term or condition.
Entire Agreement
These Site Terms constitute the entire
agreement between the user and the Company with respect to this Site and
supersede all prior or contemporaneous communications and proposals, whether
electronic, oral or written with respect to this Site. A printed version of
these Site Terms and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to these Site
Terms to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. Any
rights not expressly granted herein are reserved.
Software
To the extent applicable, software from this
Site is further subject to United States Export Controls. No software from this
Site may be downloaded or exported (i) into (or to a national or resident of)
any other country to which the United States has embargoed goods; or (ii) anyone
to the United States Treasury Department's list of Specially Designated Nations
or the U.S. Commerce Department's Table of Deny Orders. If applicable, by
downloading or using software on this Site, you represent and warrant that you
are not located in, under the control of, or a national or resident of any such
country or any such list.