1. This Contract governs your use of DTF Printing `s Content (namely, the photographic images, illustrations, or other material that you download from the DTF Printing website in conjunction with entering into this Contract (‘Content’)).
2. You are hereby granted a perpetual, non-exclusive, non-transferable license to use Content on the terms and conditions contained in this Contract. You may only engage in expressly permitted activity with respect to Content. All other rights in and to the Content and accompanying materials, including, all intellectual property rights relating thereto, are retained by DTF Printing or its Members, as the case may be.
3. This Contract is effective until terminated. You can terminate this Contract by destroying the Content, and any related Derivative Works, and any copies of it or accompanying materials, and ceasing to use the Content, and any Derivative Works related thereto. This Contract will also terminate upon your failure to comply with the terms herein. You agree, upon termination of this Contract, to destroy all copies of any Content, and any related Derivative Works, to cease using the Content, and any related Derivative Works, and to confirm to DTF Printing in writing that you have complied with these conditions.
4. Termination of this Contract does not relieve you of your responsibilities to pay any amounts due to DTF Printing or your obligations not to use the Content, or any related Derivative Works, other than as permitted under this Contract.
REPRESENTATIONS AND WARRANTIES:
5. The DTF Printing website acts as an exchange of Content between those who provide Content to the website (our Members) and those who wish to use such Content. Accordingly, DTF Printing makes no representation or warranty that any Content provided is royalty free.
6. Statements regarding any rights and ownership of the Content are provided as a reference only and questions regarding the usability for any purpose or proposed use should be directed to the party who provided the Content to our website.
7. THE CONTENT AND ANY ACCOMPANYING MATERIALS ARE PROVIDED ‘AS IS’ WITHOUT REPESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Tshirt Factory DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT YOURS. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT DTF Printing) ASSUME THE ENTIRE COST OF ALL NECESSARY CORRECTIONS.
LIMITATION OF REMEDIES & LIABILITY:
8. DTF Printing `s entire liability and your exclusive remedy, with respect to any claims arising out of your use of Content or accompanying material, or out of your actions in downloading Content, are as follows:
(a) You may, upon request to DTF Printing, be permitted to download the Content again, at a location DTF Printing will provide for you;
(b) If you continue to be unable to download the Content, DTF Printing will refund the fee actually paid by you in respect of the use of such Content, provided DTF Printing determines that you have been unable to download such Content successfully.
9. IN NO EVENT SHALL DTF Printing OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS CONTRACT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
10. THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS CONTRACT, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF ANY OF THE CONTENT IN ANY MANNER WHATSOEVER IS TO BE LIMITED TO THE FEES ACTUALLY PAID BY YOU TO DTF Printing UNDER THIS CONTRACT IN RESPECT OF THE USE OF THE CONTENT.
11. You agree to indemnify and hold DTF Printing harmless against all claims or liability asserted against DTF Printing arising out of or in connection with any breach by you or anyone acting on your behalf of any of the terms of this Contract.
12. If any provision or part of this Contract is unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
13. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Content, pursuant to this Contract.
JURISDICTION & ARBITRATION:
14. This Contract will be governed under the laws of Romania applicable therein (without reference to conflicts of laws principles). This Contract will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time the Content was downloaded, or such other address as you may advise us in writing to use.
15. Any disputes arising out of, or in connection with this Contract, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Bucharest, Romania, pursuant to the applicable legislation in effect at the time arbitration is demanded.
16. If DTF Printing is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse DTF Printing for its legal fees, costs and disbursements if DTF Printing is successful.
17. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS CONTRACT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE CONTRACT BETWEEN YOU AND DTF Printing, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR CONTRACT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND DTF Printing RELATING TO THE SUBJECT OF THIS CONTRACT.