Terms & Conditions
These Terms and Conditions represent the legally binding agreement between shopvelvet.com. (”ShopVelvet”) and you in connection with your access to and use of this website, http://www.tapthatmma.com (the “Site”) which is owned by Double D Apparel and your use of other Internet sites on which these Terms of Use are posted. TapThatMMA is a consumer goods company with a portfolio of leading apparel brands, including TapThatMMA and Velvet Industries. TapThatMMA and its affiliates design, manufacture, source and sell a broad range of apparel essentials such as t-shirts, shorts, casualwear, and activewear. By using this Site, you expressly accept and agree to be bound by and abide by all the terms and conditions contained in these Terms of Use. Do not use the Site if you do not accept and agree to these terms and conditions. Unless otherwise provided herein, any reference to “TapThatMMA,” “we,” “us” and “our” shall mean and include TapThatMMA and its affiliates.
PERMITTED USE
The Site is available only for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use, limited to viewing the Site, providing information to the Site, downloading product information or other materials made available for download for your personal use, purchasing products, and accessing any other features or functions made available to you on the Site and for no other purposes. Any use by you of the Site is governed by and must be in compliance with the terms and conditions set out in these Terms of Use.
CHILDREN
We recognize the particular importance of protecting privacy where children are involved. We do not knowingly collect personally identifiable information from children under the age of 13.
OWNERSHIP; COPYRIGHT PROTECTION
TapThatMMA owns the Site. We own or have rights to all of the wallpaper, icons, characters, artwork, design, images, graphics, music, games, text, software, databases and all copyrightable or otherwise legally protected elements of the Site including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items and all trademarks, service marks and trade names, and all HTML, CGI and other code and scripts in any format used to implement the Site (”Code”). The TapThatMMA Content and Code comprising the Site are protected by copyright and other intellectual property rights. Except for the uses permitted above, you may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or TapThatMMA Content from the Site without our prior written agreement. You may not use the TapThatMMA Content or Code for any purposes other than those set forth above. All names, logos and trademarks which appear on the Site are our property or are used by us under license. You may not use any of them for any purpose without our prior express written permission. Your failure to comply with these Terms of Use will constitute breach of contract, may violate our copyright, trademark and other proprietary and industrial property rights and may subject you to liability for damages. We require users to respect our copyrights, trademarks and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them repeatedly to infringe the intellectual property rights of others. We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over the Site and to promptly end any infringement that might occur.
THIRD-PARTY CONTENT AND WEBSITES
In addition to the TapThatMMA Content, this Site may contain references, URLs or hyperlinks to other content or websites owned by third parties including, but not limited to music and games. The appearance, availability, or your use of references, URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of TapThatMMA or any of its affiliates, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers. We do not verify, endorse, or have any responsibility for, any such third-party content or websites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such content or website, whether TapThatMMA or any of its affiliates; logo or sponsorship identification is use in connection with the third-party content or website as part of a co-branding or promotional arrangement. If any third party providing such content or operating such website obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability.
NO LICENSE
Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any proprietary or industrial right of TapThatMMA, its affiliates, or any third party.
PRICING, AVAILABILITY, ORDERING AND SHIPPING
We are not responsible for typographical errors regarding price or any other matter. You are solely responsible for any actions taken in reliance on any material or information contained in this Site. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Additionally, we reserve the right, at our sole discretion, to limit the quantity of items purchased. Subject to the foregoing, the prices displayed are quoted in U.S. dollars and are effective only for U.S. purchases. Purchases are subject to applicable taxes to be paid by the purchaser, and do not include shipping and handling. Purchase requests for shipment to addresses outside the U.S. cannot be filled. Title and risk of loss for all products ordered by you shall pass to you on TapThatMMA’s shipment to the shipping carrier.
POSTINGS; USE THEREOF
We are free to use, without financial or other obligation, any ideas, concepts, know-how or techniques contained in such Postings for any purpose whatsoever including, but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information. You understand, acknowledge and agree that we have the right to delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made). The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings.
You hereby release TapThatMMA from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you shall or may have in connection with your Postings including, without limitation, any and all liability for any use or nonuse of the your Posting, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. TapThatMMA has the right to assign, transfer, convey, license, sub-license and otherwise transfer, sub-contract, delegate, outsource or engage third parties to perform or benefit from all or any portion of its or their rights in your Postings, without accounting, reporting, notification or other obligation or liability to you whatsoever, now or in the future. You also forever waive and relinquish all moral rights or droit moral now or hereafter recognized in connection with your Postings and the rights granted to TapThatMMA hereunder.
©2009 Velvet Industries. All Rights Reserved.