ShopSubRosa.com, Inc.
TERMS OF USE

Welcome to Shop Sub Rosa and Sub Rosa Marketing. Shop Sub Rosa.com, Inc., its parent, subsidiary and affiliated companies as well as their respective employees, agents and/or assignees, as applicable, ("Shop Sub Rosa.com") maintain this site(s) ("site(s)" or "site") for your personal entertainment, information, education, and communication.

We want you to have fun at our site(s) but it’s important that when you use the Shop Sub Rosa.com site(s) you are fully aware of both your and our respective legal rights and obligations. For that reason, we’ve posted these TERMS OF USE as the legally binding terms to govern your use of all Shop Sub Rosa.com site(s). Areas of Shop Sub Rosa.com may be subject to additional TERMS AND CONDITIONS including our Privacy Policy, which you should read carefully before making any use of those areas. Any such terms will not vary or replace these TERMS OF USE, unless otherwise expressly stated.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING ANY PORTION OF THE SHOP SUB ROSA.COM WEB SITE(S) BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

By using the Shop Sub Rosa.com web site(s), you signify your agreement to these TERMS OF USE and all applicable laws. If you do not agree to these TERMS OF USE, you are prohibited from access and use of Shop Sub Rosa.com web site(s). We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms means you accept those changes. We have a PRIVACY POLICY which you can read at http://ShopSubRosa.com/privacy.html and which forms part of these TERMS OF USE.

Under these TERMS OF USE Verified Merchants, Merchant Customers and the general public are "Users".

PLEASE NOTE: Shop Sub Rosa.com is not responsible or liable for any content on Verified Merchant sites. By visiting a Verified Merchant site(s) or visiting Shop Sub Rosa.com you acknowledge that you are aware that some Verified Merchants use language and offer opinions that might be deemed inappropriate by some people and that you do not find such language or opinions morally objectionable and/or offensive. If you do, your only redress is to leave that site(s). Some Shop Sub Rosa.com Verified Merchants have posted "18 and over only" rules and you warrant and agree that you have read those Verified Merchant's TERMS OF USE and that you will abide by them. On those posted site(s) Users must be 18 years of age or older within the United States or of legal age in the country in which they reside. If you are under 18 you are not allowed to view those site(s). By using this site(s) you warrant that you are of age and have the legal capacity to enter into this agreement set out in these TERMS OF USE (i.e., you warrant that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

By using the site, Shop Sub Rosa.com grants you a non-exclusive, non-transferable, revocable, limited right to enter, display and use the site(s). You agree not to affect/interrupt or attempt to affect/interrupt the operation of the site(s) in any way. Any unauthorized use of the content of the site(s) and/or their proprietary logos, T-shirt designs and sayings, service marks, Copyrights, and Trademarks may violate copyright laws, trademark laws, the laws of privacy and publicity, and certain civil and criminal statutes. You understand that Shop Sub Rosa.com reserves the right to modify or discontinue, temporarily or permanently, all or any part of this site(s) and/or any software, facilities and services on this site(s) or linked to this site(s), with or without notice, and/or to change or establish general guidelines and limitations on their use without any liability or responsibility to you.

All violations of law will be prosecuted to the maximum extent possible.

This web site(s) contains Materials and other items relating to Shop Sub Rosa.com, Inc. and its products and services, and similar items from our Verified Merchants, business partners, licensors, and licensees, and other third parties. All Materials contained in any/all Shop Sub Rosa.com, Inc. web site(s)—which includes but is not limited to information, text, data, images, button icons, registered and unregistered trademarks, illustrations, software, photographs, pictures, graphics, T-shirt designs and sayings, audio clips, videos, e-Books, music, sounds, and other information and Material in other forms and formats now known or later invented (“Materials”)—are protected by state, national and international law pertaining to copyrights, trademarks, trade secrets, and other proprietary rights. All Material is the copyrighted property of Shop Sub Rosa.com or its parent, subsidiaries or affiliated companies, Verified Merchants, third-party licensors, and/or Users and is to the best of our knowledge and belief used with permission. All trademarks, service marks, and trade names are proprietary to Shop Sub Rosa.com or its affiliates. Use of these Materials by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the Material may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Nothing contained in this TERMS OF USE may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Material under any copyright or any other intellectual property right. No Material from any site owned, operated, licensed, or controlled by Shop Sub Rosa.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the Materials on any single computer for your personal, noncommercial home use only, provided that (1) you keep intact all copyright and other proprietary notices, (2) you make no modifications to the Materials, (3) you do not use the Materials in a manner that suggests an association with any of our products, services, or brands, and (4) you do not download quantities of Materials to a database that can be used to avoid future downloads from any Shop Sub Rosa.com site. For purposes of these TERMS OF USE, the use of any such Material on any other web site or computer environment is prohibited. Copying source code, decompiling, reverse engineering, disassembling, or otherwise reducing the code used to create this site(s) or any software on this site(s) into a readable form in order to examine the construction of the site(s) or of such software and/or to copy or create other products based (in whole or in part) upon such software, is prohibited. All Trademarks, Copyrights, service marks, trade names, and trade dress are proprietary to us and/or to our Verified Merchants.

The only exception(s) is where reproductive permission is expressly stated on the web page in question; regarding specific Materials available for reproduction by the Press or when we are contacted by the Press and grant such usage. If used in print, we require that you keep intact all contact information attached to the Material you wish to use and that you make no modifications to the Material other than to edit for space restrictions. We require that if you use our Material on the web, you also keep our contact information attached to the Material, that you make no modifications to the Material other than to edit for space restrictions, and that you link back to our home page so we can get more traffic.

You should assume that everything you see or read on the Shop Sub Rosa.com site(s) are Copyrighted and/or Trademarked and may not be used, except as provided in these TERMS or in the text on the site, without the prior written permission of Shop Sub Rosa.com, Inc. Shop Sub Rosa.com neither warrants nor represents that your use of Materials displayed on the site will not infringe the rights of third parties not owned by or affiliated with Shop Sub Rosa.com.

Users who post Materials (e.g., comments at bulletin boards or within our blogging community or chat rooms including sig files with art or graphics) to the Shop Sub Rosa.com, Inc. web site(s) represent that such Material is unique to the User or used with permission of the legal copyright holder, and assigns to Shop Sub Rosa.com, Inc. unlimited license and sublicenses (through multiple tiers) of such Material. Shop Sub Rosa.com does not claim ownership of the Materials you provide to Shop Sub Rosa.com or that you post, upload, input or submit to any Shop Sub Rosa.com site(s) for review by the general public, or by the members of any public or private community. Any communications or Material you transmit to the site by electronic mail, posting, or otherwise, including, but not limited to any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and non-proprietary. Anything you transmit or post is subject to parody at the sole discretion of Shop Sub Rosa.com. Shop Sub Rosa.com is under no obligation to post or use any Material you may provide. HOWEVER, User Material may be used by Shop Sub Rosa.com or its affiliates for any purpose, including, but not limited to, in connection with the operation of our Internet businesses, reproduction in any format including T-shirt and other designs, disclosure, transmission, publication, broadcast and posting. Furthermore, Shop Sub Rosa.com is free to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Material and to publish your user name in connection with your Material; 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 that you are not entitled to any compensation, credit or notice whatsoever and that by sending unsolicited Material you waive the right to make any claim in law or equity against Shop Sub Rosa.com, its parents, affiliates, Verified Merchants, Merchant customers or partners relating to unsolicited Material, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality. Shop Sub Rosa.com will consider anything you provide to Shop Sub Rosa.com and/or contribute to its site(s) as available for our use free of any obligations to you, except or unless where we have expressly solicited Material and that Material is expressly governed by Additional Terms appearing elsewhere on the site(s), in which event those Additional Terms will determine how we will treat your Material.

While Shop Sub Rosa.com likes to hear from you and appreciates User feedback, Users are asked to be specific in their comments. We do not knowingly accept unsolicited Material including, without limitation, T-shirt sayings, suggestions relating to products, services, marketing plans, creative ideas, inventions, notes, drawings, models, designs, concepts, ideas for toys, games, or contests, submissions of any form of writing including but not limited to scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. Therefore, any similarity between unsolicited Material and any elements in any Shop Sub Rosa.com or related company's creative work including, without limitation, T-shirts, films, T.V. series, story, title or concept would be purely coincidental. If, despite our request, you send any of the aforementioned to Shop Sub Rosa.com via this site(s) or by fax, mail, or otherwise, or transmitted, posted, or uploaded by you to this site(s) Shop Sub Rosa.com will not assume any responsibility, obligation, or liability for them or for Shop Sub Rosa.com's receipt or non-receipt of them. User agrees and acknowledges that by sending any such unsolicited Material User hereby makes an irrevocable, unlimited, exclusive, perpetual, worldwide, royalty and payment-free transfer to Shop Sub Rosa.com of any and all interest, Copyright, Patent, Trademark and ownership in the Material.

Subject to the provisions of any Additional Terms, by posting or uploading any content to this site(s) and/or providing any communication or Material to Shop Sub Rosa.com you automatically and irrevocably agree that Shop Sub Rosa.com hereby acquires and User hereby irrevocably assigns, licenses and grants to Shop Sub Rosa.com, throughout the world, irrevocably, in perpetuity royalty and payment-free User’s rights, if any, in the Material and the title thereof in all media now or hereafter known throughout the world in perpetuity including without limitation all commercial product rights, all literary rights (including without limitation, Copyright, Trademark and Patent rights should Shop Sub Rosa.com choose to pursue such rights), motion picture rights, all television rights (including, without limitation, live, free, pay, cable, long form, and series television rights) and all allied, ancillary, subsidiary and incidental rights, including, without limitation, prequel, sequel and remake rights, music publishing, novelization, videocassette, videodisc, and laserdisc rights, CD-ROM, CD-1, interactive and multi-media rights and any and all on-line Internet rights, digital entertainment, animation, theme park, soundtrack recording, commercial tie-in and merchandising rights and promotional and advertising rights including, without limitation, printed synopses and 10,000 word excerpt publication rights and the right to broadcast, over radio, television and all other media, the Material subject herein. In addition to the foregoing Shop Sub Rosa.com shall have the exclusive right in perpetuity to use, exploit, advertise, exhibit and otherwise turn to account any or all of the foregoing, in any and all media, whether now known or unknown, throughout the Universe, in all languages, as Shop Sub Rosa.com, in its sole and unfettered discretion shall determine. The rights herein granted include the right to distribute, transmit, exhibit, broadcast and otherwise exploit all Material pursuant to this agreement by means of any and all media and devices, whether now known or hereafter devised, in perpetuity and in any and all markets/territories whatsoever. Shop Sub Rosa.com may in its discretion make any and all changes in, additions to, deletions, alter, add to, strike from or rearrange all or any part of the Material and User waives any and all so-called moral rights, droit morale, or any similar rights, of authors. Nothing contained in these TERMS OF USE shall be construed as requiring Shop Sub Rosa.com to exercise or exploit any of the rights granted to or acquired by Shop Sub Rosa.com under this agreement. User hereby waives any benefit of any provision of law or equity known as “droit moral” or any similar or analogous law, regulation, or decision in any country of the world. In the event User pursuant to any applicable law or regulation retains any rights in and to User’s work product or the Material that cannot be assigned to Shop Sub Rosa.com, User hereby unconditionally and irrevocably waives the enforcement of all such rights, and all claims and causes of action of any kind with respect to any of the foregoing against Shop Sub Rosa.com, its distributors, licensees and assigns, whether now known or hereafter to become known and agrees, at the request and expense of Shop Sub Rosa.com and its successors, licensees and assigns, to consent to and join in any action to enforce such rights and to procure a waiver of such rights from the holders of such rights, if any, including without limitation, User, his/her successors, representatives, heirs, and assigns. In the event, that User retains any rights in and to User’s work product and the Material that cannot be assigned to Shop Sub Rosa.com and cannot be waived, User hereby grants to Shop Sub Rosa.com and its successors, licensees and assigns, an exclusive, perpetual, worldwide, royalty-free license to reproduce, distribute modify, change, publicly perform, and publicly display, with the right to sublicense and assign such rights in and to said work product and Material including, without limitation the right to use in any way whatsoever said Material.

Shop Sub Rosa.com has no responsibility or liability for the content of any Material posted by Users. We may monitor your communications on our web site(s) but we cannot monitor all of the Material on Shop Sub Rosa.com, we do not attempt to do so, and we assume no responsibility for actively monitoring for inappropriate Material. Shop Sub Rosa.com, Inc. does not endorse, approve, or prescreen any Material that you or other Users post at Shop Sub Rosa.com nor does it endorse, approve, or prescreen any Material created by our Verified Merchants. Shop Sub Rosa.com, Inc. reserves the right in its sole discretion to either edit or delete any documents, information or other Material submitted to us or appearing on this site(s) that is objectionable to us for any reason. This determination is at our sole discretion, and is final. Shop Sub Rosa.com does not assume any liability for any failure to remove, or any delay in removing, Material. You agree that Shop Sub Rosa.com accepts no liability whatsoever if it prevents your Material from being submitted or if it edits, restricts or removes your Material. You agree to permit any other User of this site(s) to access, view, store or reproduce the Material for that other User’s personal use.

CODE OF CONDUCT

Users agree to abide by the following rules:

(1) Users may only use this site(s) and its contents for lawful purposes and in accordance with applicable law; Users are prohibited from storing, distributing or transmitting any unlawful Material through this site; any Material you send to us or post at our site(s) will not be treated as confidential;

(2) If you wish to access certain portions of the Shop Sub Rosa.com web site(s) or of the resources the site(s) offer or if you enter a contest you must register. It is a condition of use of this site(s) that all the details you provide will be correct, current, and complete. If our legal advisors believe the details are not correct, current, or complete, we have the right to refuse you access to the site(s), or any of its resources, and to terminate or suspend your account. Shop Sub Rosa.com will occasionally run contests on our site(s) in which we ask for personal information (like name, email and mailing address). This contact information is used only to get in touch with the User when necessary to give them their prize. Some Verified Merchants have newsletters which you may be given the option of subscribing to and from which you may unsubscribe at any time. We respect your privacy and always follow your wishes.

(3) User is responsible for obtaining access to the site(s) and that access may involve third party fees (such as Internet Service Provider or airtime charges). User is responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the site(s).

(4) If you are posting at a blog, bulletin board, or contributing comments on the site(s) of our Verified Merchants, Users must abide by that site(s) policy regarding the use of Material that is normally considered offensive such as George Carlin’s “‘Seven words you can’t say on TV”‘, Material that is abusive if not aimed at a named individual except politicians and celebrities who are public figures as defined by the Statutes, and/or is rude, crude and socially unacceptable;

(5) Users may not post, upload to, distribute through, or otherwise transmit Material that is illegal, unlawful, libels or that would otherwise give rise to liability, defames, is invasive of privacy or publicity rights, is fraudulent, has explicit sexual references, discussions of illegal drugs, is harassing, inflammatory, is abusive to a named individual, threatening or stalks, or promotes violence and/or illegal activities, or contains links to other sites that have that kind of content; Users may not publish, post, upload, distribute or disseminate any topic, name, Material or information that incites discrimination, hatred or violence toward an individual or group because of their sex, religion, nationality, disability, sexual orientation, or age. IN ADDITION, Users may not post anything that Shop Sub Rosa.com in its sole discretion considers to be racist, obscene, pornographic, or promotes sexually explicit Materials; or any Material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. If you do, we reserve the right to remove the postings that defame or insult anyone as well as rants that are abusive or hateful, although we have no duty to do so. In addition, we reserve the right to remove rants that we deem, in our sole discretion, to be inappropriate, off the subject or not in English. Any postings from the categories listed in this section may be deleted and made available to the proper law enforcement officials.

(6) Users may not post Material which seeks to exploit or harm children;

(7) Users may not ask other Users for personally identifiable details, harvest or otherwise collect information about others, including e-mail addresses, or interfere with another user’s use and enjoyment of Shop Sub Rosa.com, Inc. web site(s); Users may not collect or store personal information regarding other users; Users recognize that storing, distributing and/or transmitting unlawful Material could expose you to criminal and/or civil liability; Users should respect each other’s privacy by not asking for or posting names, phone numbers, addresses, social security numbers, or any other private information;

(8) Users may not post Material which infringes on any intellectual property or other right of any entity or person, including violating anyone’s Copyrights or Trademarks or their rights of publicity; User agrees that if a third party claims that Material User has contributed to the site is unlawful, User will bear the legal burden including costs and attorney(s)'s of establishing that it is lawful; User understands that unauthorized use of Material may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

(9) Users are strictly prohibited from creating T-shirts, bumper stickers, or other products with sayings and/or art on them from any of our site(s), creating works or Materials that derive from or are based on any of the Materials on these site(s), reproduce, copy, distribute, publish, transmit, modify, alter, adapt, translate, display, distribute, sell, license, publicly perform, or otherwise use or exploit any portion of Shop Sub Rosa.com, Inc.’s site(s) including, without limitation, T-shirt designs and sayings, rants, fonts, icons, link buttons, wallpaper, desktop themes, online postcards and greeting cards and any merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

(10) Users may not post Material which violates any law or may be considered to violate any law or which advocates or promotes illegal activity including but not limited to pyramid schemes, surveys, contests, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise) or any such similar schemes;

(11) Users may not impersonate, improperly assume or claim the identity, characteristics or qualifications of another person; or misrepresent their connection to any other entity or person or otherwise manipulate headers or identifiers to disguise the origin of content;

(12) Users may not advertise any commercial endeavor (e.g., offering for sale products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized in writing by this site(s), Users may not solicit funds, advertisers or sponsors for their own projects/sites; Users may not use the site(s) for any political purpose.

(13) Users may not injure with our site(s) in any way including but not limited to;

a) posting, emailing, or providing/linking to programs which contain viruses, worms, Trojan horses, time bombs, cancelbots, easter eggs, corrupted files, or any other similar software or programs that may detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; damage the operation of another’s computer or the property of another; or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of our site(s), servers, or any computer software or hardware or telecommunications connecting to our site(s); take any action that imposes an unreasonable or disproportionately large load on site(s) infrastructure; or create liability for Shop Sub Rosa.com, its parent, subsidiary and affiliated companies, its Verified Merchants, as well as their respective employees, agents and/or assignees, customers, partners or third-party service providers; or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

b) disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities on the site(s);

c) sending, creating or replying to so called “‘mailbombs”‘ (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “‘spamming”‘ (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of this site(s) by any other person;

d) coping any pages or images on these site(s) except within the fair use laws granted above with appropriate authority.

e) Users may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this site(s);

f) Users are prohibited from removing any sponsorship banners or other Material from our site(s);

g) Users may not use any services or facilities provided in connection with this site(s) to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Shop Sub Rosa.com reserves the right to release your details to system administrators at other sites on the Web in order to assist them in resolving security incidents and to the proper governmental Authorities.

(14) Passwords and login IDs used for any Shop Sub Rosa.com Site(s) are for individual use only. To create an Account, a User must use their email address as their login ID and create a password. Users' login ID is Users' Shop Sub Rosa.com identity. User may not use a login email address that is used by someone else, or that in any way violates these TERMS OF USE. User may not provide false information during the registration process. User may not reveal Users' password to other users. User is solely responsible for all activity on Users' Account and for the security of Users' own login ID email address and password. Shop Sub Rosa.com shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Shop Sub Rosa.com considers insecure, we will be entitled to require it to be changed and/or we will have the right to terminate your account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Shop Sub Rosa.com immediately of any unauthorized use of your account or any other breach of security. Shop Sub Rosa.com 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 Shop Sub Rosa.com or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. You agree to indemnify and hold Shop Sub Rosa.com harmless for any improper or illegal use of your Account. This includes illegal or improper use by someone to whom you have given permission to use your Account. Your Account is at risk if you let someone use it inappropriately and your Account is subject to termination if you or anyone using your Account violates our TERMS OF USE. If your Account is terminated, you may not rejoin Shop Sub Rosa.com again without our express written permission. If you wish to rejoin the service, please fill out our contact form at http://www.Shop Sub Rosa.com/contact.php. Requests will be considered on an individual basis and reinstated or not at the sole discretion of Shop Sub Rosa.com.

(15) Users understand and agree that all Materials publicly posted (other than by Shop Sub Rosa.com) or privately transmitted on or through this site(s) are the sole responsibility of the sender, not of Shop Sub Rosa.com, and that you are legally responsible for all Material you upload, post or otherwise transmit to or through this site(s).

SUSPENSION AND/OR TERMINATION

Shop Sub Rosa.com reserves the right, without any limitation whatsoever, to investigate (a) suspected violations of these TERMS OF USE, including any violation arising from any postings or e-mails you make or send to any sickidiots rant “rant backs”, (b) any comments or rants posted at bulletin boards or within our blogging community or chat rooms affiliated with Shop Sub Rosa.com, Inc., (c) any suspected breaches of its site(s) security or its information technology or other systems or networks. Shop Sub Rosa.com will involve and cooperate with law enforcement authorities in investigating any such matter and prosecute violators of this TERMS OF USE to the full extent of the law. Shop Sub Rosa.com may choose to gather information from the User who is suspected of violating these TERMS OF USE, and from any other user suspected of being involved in the violation.

Shop Sub Rosa.com reserves the right, at its sole discretion, to restrict, suspend or terminate your account and your access to all or any part of our site(s) at any time for any reason without prior notice or liability and may remove any Material from its servers as it deems appropriate without notice. If Shop Sub Rosa.com believes, in its sole discretion, that a violation of these TERMS OF USE has occurred, it may edit or modify any submission, posting or e-mails, remove the Material permanently, cancel postings, warn users, not warn users, suspend users and passwords, terminate accounts and/or take other corrective action it deems appropriate for any reason and without any obligation to you or any third-party whatsoever. If you are terminated by Shop Sub Rosa.com you must immediately destroy all materials obtained from any and all Shop Sub Rosa.com site(s) and all related documentation and all copies and installations thereof, whether made under these TERMS OF USE or otherwise.

Shop Sub Rosa.com will fully cooperate with any law enforcement authorities or any court order requesting or directing Shop Sub Rosa.com to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any Materials that are believed to violate these TERMS OF USE. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS SHOP SUB ROSA.COM FROM ANY CLAIMS RESULTING FROM ACTION TAKEN BY SHOP SUB ROSA.COM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER SHOP SUB ROSA.COM OR LAW ENFORCEMENT AUTHORITIES.

Users may terminate their own accounts by filling out our online Contact Form and checking the Terminate box. The form is available at http://www.Shop Sub Rosa.com/contact.php. We will remove you from our active system but your posts and all online communications will remain visible on our site(s) with these TERMS OF USE still in force and your contact information will remain in our files. If you choose to terminate your account you must immediately destroy all materials obtained from any and all Shop Sub Rosa.com site(s) and all related documentation and all copies and installations thereof, whether made under these TERMS OF USE or otherwise.

Online Shopping

The Shop Sub Rosa.com site(s) offer online capabilities to purchase products such as T-shirts, Baby Dolls, Raglans, Hoodies, Tanks and other merchandise. Your purchase of our products subjects you to our TERMS OF USE and Privacy Policy. At some Verified Merchant's site(s) you must be 18 years of age or older to make any such purchases. By ordering a product online from those Verified Merchant Shops you represent that you are 18 years of age or older.

Check our FAQS for more information on delivery, returns, and other sales policies. As to products and services featured on this site(s), please note that we make every effort to display as accurately as possible the products that we offer. However, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products.

All disputed transactions between any Customer and Verified Merchant must resolved between the customer and Merchant; the parties acknowledge that Shop Sub Rosa.com has no responsibility, authority, management or involvement with any such commercial transaction.

Warranties, Disclaimer of Liability, and Indemnification

THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON OUR WEB SITE(S), COMMENTS AT BULLETIN BOARDS, OR WITHIN OUR BLOGGING COMMUNITY, OR CHAT ROOMS INCLUDING SIG FILES WITH ART OR GRAPHICS ARE NOT NECESSARILY THOSE OF SHOP SUB ROSA.COM OR ITS AFFILIATED OR RELATED ENTITIES, VERIFIED MERCHANTS, MERCHANT CUSTOMERS OR CONTENT PROVIDERS. You understand that by using the site(s), you may be exposed to Material that is offensive, indecent or objectionable. Shop Sub Rosa.com is not liable for any defamatory, offensive or illegal conduct or material found in connection with this site(s), including such conduct or Material transmitted by any means by any other person. Except as required by law, Shop Sub Rosa.com, Inc. is not responsible for examining or evaluating, and has made no effort to verify the accuracy of any statement on this web site(s) and the statements published on this web site(s), including those of Shop Sub Rosa.com, Inc.’s employees or ex-employees, are not necessarily endorsed or approved by Shop Sub Rosa.com, Inc. Investors should not rely on any statements on this site(s) when making investment decisions. SHOP SUB ROSA.COM DOES NOT MONITOR OR REVIEW BLOGS AND/OR COMMENTS ANYWHERE WITHIN OUR SITE(S), AND SHOP SUB ROSA.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE CONTENT OF THESE POSTINGS.

Shop Sub Rosa.com makes no warranties or representations as to the accuracy or completeness of the information on the site and assumes no liability or responsibility for any errors or omissions in the content of the site. The information may be out of date, and Shop Sub Rosa.com makes no commitment to update such information. Documents and other information available on the site may be subject to further disclaimers contained therein as to their accuracy and reliability. Shop Sub Rosa.com may remove or modify any content without notice or liability at any time in its sole discretion. Any use of our blogs, bulletin boards and/or chat rooms will be at your own risk and will be subject to the disclaimers and limitations on liability set out herein. Shop Sub Rosa.com, Inc. assumes no responsibility for the consequences resulting from the use of the information herein, (or from use of the information obtained at linked Internet addresses,) or in any respect for the content of such information, including (but not limited to) errors or omissions, the accuracy or reasonableness of factual or scientific assumptions, studies or conclusions, the defamatory nature of statements, ownership of copyright or other intellectual property rights, and the violation of property, privacy, or personal rights of others. Shop Sub Rosa.com, Inc. is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on such information. No guarantees or warranties at law or in equity, including (but not limited to) any express or implied warranties of merchantability, accuracy, reliability, title, non-infringement, or fitness for a particular use or purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, are made by Shop Sub Rosa.com, Inc. with respect to such information. Shop Sub Rosa.com, Inc. does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted as part of the web site(s) or used in conjunction with any products created by its Verified Merchants. Any information or Material placed online, including advice and opinions, are the views and responsibility of those who post the statements and/or the Verified Merchants who created the products containing them and does not necessarily represent the views of Shop Sub Rosa.com, Inc. nor does Shop Sub Rosa.com, Inc. warrant or make any representations regarding the use or the results of the use of the Materials posted in terms of their correctness, accuracy, timeliness, reliability or otherwise.

Your use of the site(s) are at your risk. Under no circumstances, including but not limited to negligence, shall Shop Sub Rosa.com, its Verified Merchants, or any other party involved in creating, producing, or delivering the site(s) and/or the products be liable for any damages at law or in equity whatsoever (including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or punitive damages [including without limitation lost profits or lost savings goodwill, use, data or other intangible losses], whether based in contract, tort, strict liability or otherwise, that arises out of or is in any way connected with the sale or purchase of any goods or merchandise; any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network; your access to, use of, or inability to access or use the site; the 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 this site(s); unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on this site(s); or any other matter relating to this site(s) even if Shop Sub Rosa.com or its authorized representative has been advised of the possibility of such damages. We will use our reasonable commercial efforts to keep our site available on a 24-hour/7-day-a-week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages. Shop Sub Rosa.com, Inc. does not warrant that the functions contained in its site(s) will be available, uninterrupted or error-free, that defects will be corrected, or that the site(s) or the servers that make them available are free of viruses or other harmful components. Shop Sub Rosa.com, Inc. does not warrant or make any representations regarding the use or the results of the use of the Material, information, software, facilities, services or other content at Shop Sub Rosa.com or any sites linked to Shop Sub Rosa.com in terms of their correctness, accuracy, or reliability. Shop Sub Rosa.com assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any Materials, data, text, images, video, or audio from the site. You agree to indemnify, defend, and hold harmless Shop Sub Rosa.com, Inc. (which includes Shop Sub Rosa.com's parent, subsidiary, affiliated companies, Verified Merchants, and third-party service providers, as well as their respective employees, agents and/or assignees, as applicable) and its officers, employees, agents, business partners, licensors, and licensees from and against any claims, demands, damages, liabilities, costs, and expenses (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including reasonable attorney(s)'s fees and costs) arising out of your use of this site(s); your failure to use the site(s); your breach or alleged breach of these TERMS OF USE or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties connected in any way with this site(s); on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this site(s). IN ADDITION, you will defend and indemnify Shop Sub Rosa.com et al from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought on your behalf or by third parties as a result of your breach of these TERMS OF USE, your violation of any law or the rights of a third party or your use of our site(s). If you are a California resident, you waive California Civil Code Section 1542, which states, in part: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor".

Without limiting the foregoing, everything on the site(s) is provided to you “‘AS IS”‘ and, to the fullest extent permitted by law, are WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. This means, without limitation, that Shop Sub Rosa.com DOES NOT WARRANT that the site(s) is fit for any particular purpose. Your sole remedy for dissatisfaction with or damage sustained from the site(s) is to stop using the Shop Sub Rosa.com web site(s). Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Third Party Products, Services and Web Sites

Third parties may develop or provide games, videos, tools, photographs, software applications or components, materials, data, content or other products or services for use with our products or services, some of which may be accessible on or via the Shop Sub Rosa.com site(s). Shop Sub Rosa.com makes no representation or warranty with respect to the quality, reliability or non-infringement of any third party product, service or material accessible on or via this site(s). Your rights with respect to third party products, services or data are subject to the terms and conditions of separate agreements between you and the third parties providing them.

INCOMING LINKS: i.e; Links you put on your site to any Shop Sub Rosa.com site(s).

You are granted a limited, non-exclusive, revocable right to create referential hyperlinks to any publicly accessible page on Shop Sub Rosa.com that is not password protected so long as: (a) you don’t link to our site(s) in any way that might lead others to believe that Shop Sub Rosa.com, its site(s), or any of its contents were created, or are operated by, or are offered by you or any party other than Shop Sub Rosa.com, (b) you may not frame or otherwise display any portion of our site(s) or any of its contents, nor may you place any text or other content on your web site that states or implies that there is any association between you and Shop Sub Rosa.com other than that of customer (only if you have documented proof that you have purchased from Shop Sub Rosa.com) (c) your links only incorporate text, and do not use any Trademark graphics, (d) the links and related content on your site do not suggest any affiliation with Shop Sub Rosa.com which might cause confusion among consumers, (e) the links and related content on your site do not portray Shop Sub Rosa.com or its products or services in a false, misleading, derogatory, or otherwise offensive matter, (f) the link(s) you create are not done in such a manner as to hurt the standings of our site(s) within the search engines, and (f) the links and related content on your site are not operated for any commercial purposes, e.g.; you are not padding your link farm with random sites whose domain names you have appropriated for your own use without the knowledge, consent or active participation of Shop Sub Rosa.com. Your link(s) are subject to review and termination by us at any time and for any reason. Please be aware that we continually update and revise our site(s). We cannot guaranty that each page to which you may provide a link will remain available or that its content will remain the same.

Shop Sub Rosa.com has not reviewed all of the sites linked to its site(s) and is not responsible for the content of any linked sites or any link contained in a linked site or any changes or updates to such sites (collectively, “Linked Sites”). Shop Sub Rosa.com does not imply agreement with, endorse, or make any representations regarding any Linked Sites. Your linking to any Linked Sites is at your own risk. Shop Sub Rosa.com is under no obligation to monitor such sites and assumes no responsibility or liability arising from the content of any such locations nor for any error, infringement, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the site(s).

OUTGOING LINKS: i.e.; Links we’ve put on our site(s) to and from Other Sites

You should be aware that from the Shop Sub Rosa.com site(s) you could be directed to other sites that are beyond our control and that take you outside of our service. For example, if you click on a banner advertisement or a link, the click may take you off the Shop Sub Rosa.com site(s). These links are provided solely as a convenience to you. Unless explicitly stated otherwise, they are not intended as a certification or endorsement of Shop Sub Rosa.com or the owner of the site(s), the site(s)’s content, or any products or services available on or via the site(s). Shop Sub Rosa.com does not control, and is not responsible for, linked site(s).

This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. Shop Sub Rosa.com cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from Shop Sub Rosa.com since other stores are owned and operated by independent retailers. Shop Sub Rosa.com does not endorse any of the merchandise, nor has Shop Sub Rosa.com taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Shop Sub Rosa.com does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. These other sites may send their own cookies to users, collect data, solicit personal information, or they might contain information that you find inappropriate or offensive. In addition, advertisers on Shop Sub Rosa.com site(s) may send cookies to users that we do not control. We reserve the right to disable links from third-party sites to any Shop Sub Rosa.com site(s).

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

We may give notice to our users by means of a general notice on any Shop Sub Rosa.com site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s address in our records or otherwise acquired.

Pursuant to the U.S. Digital Millennium Copyright Act (“‘DMCA”‘), 17 United States Code, Section §512(c)(3), notifications of claimed copyright infringement by us should be sent to our VP of Business Affairs via email: legal@Shop Sub Rosa.com. If Shop Sub Rosa.com or its Verified Merchants have inadvertently used Material whose copyright is held by someone else, or if you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper User posting or User distribution via this site(s), we will remove it upon written notice and proof of ownership. To be effective, the notification must include a legend or subject line that says: “‘DMCA Copyright Infringement Notice”‘; the physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification and description of the copyrighted work claimed to have been infringed and that is to be removed; information reasonably sufficient to permit the service provider to locate the Material, (for example, the URL of the page and a description of where the Material that you claim is infringing is located on that page); information reasonably sufficient to permit our VP of Business Affairs to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; and a statement that the complaining party has a good-faith belief that use of the Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Shop Sub Rosa.com, Inc. may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and Shop Sub Rosa.com, Inc. may elect to not remove allegedly infringing Material that comes to its attention via notices that do not comply with the DMCA.

The trademarks, logos, T-shirt designs and sayings, and service marks (collectively the “‘Trademarks”‘) displayed on the Shop Sub Rosa.com site(s) are registered and unregistered Trademarks of Shop Sub Rosa.com, Inc. All Trademarks not owned by Shop Sub Rosa.com are the property of their respective owners, and are used to the best of our knowledge and belief with permission. Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site without the written permission of Shop Sub Rosa.com or such third party that may own the Trademarks displayed on the site. Your misuse of the Trademarks displayed, or any other content on the site, except as provided in these TERMS OF USE, is strictly prohibited. You are also advised that Shop Sub Rosa.com will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

JURISDICTION

Shop Sub Rosa.com site(s) are controlled and operated by Shop Sub Rosa.com, Inc. from its office(s) within the State of Nevada, United States of America. Shop Sub Rosa.com makes no representation that the products, services and other Materials available through this site(s) are appropriate or may be lawfully viewed or accessed outside of the United States, and access to them by certain persons or in certain countries where their contents or use is illegal is prohibited. If you access the site(s) from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. User conduct may also be subject to local, state, national, and international laws. You are solely responsible for your conduct according to the laws where you reside. All information available on the site(s) is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.

Shop Sub Rosa.com may at any time revise these TERMS OF USE without notice by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current TERMS to which you are bound. Your authorization to use the site automatically terminates without notice if in Shop Sub Rosa.com’s sole discretion you fail to comply with any of these TERMS OF USE. Upon termination, you must immediately destroy any downloaded or printed Materials.

This agreement is entered into in the State of Nevada and shall be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to any principles of conflicts of law. You hereby consent and submit to the personal jurisdiction of the state and federal courts located in Reno, Nevada for the purposes of litigating any action at law or in equity arising out of or relating to these TERMS OF USE and agree not to commence any such action against Shop Sub Rosa.com other than in such courts.

If any of the provisions of this agreement are held by a court or a tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect. This agreement constitutes the entire agreement between the parties hereto relating to the subject matter herein and shall not be modified except in writing, signed by both parties. These TERMS OF USE shall not constitute any relationship of partnership, joint venture, employment, or agency between the parties.

TM & © 1980 – 2007 Shop Sub Rosa.com, Inc. All Rights Reserved. Use of this site constitutes your acceptance of these TERMS OF USE.


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TM and © 1980-2007 ShopSubRosa.com, Inc. and its related entities. All Rights Reserved.
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