Denimhead, Inc. ("Denimhead" or "We") maintains the Web site located at www.denimhead.com (the "Site") for valuable information and enjoyment. Please read this carefully. By accessing and browsing the Site, you accept, without limitation or qualification, and agree to be bound by, the Terms and Conditions set forth below and all applicable laws.
Use of Site
-
This site is owned by Denimhead, Inc. Denimhead grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Denimhead. This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar date gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Denimhead. You may not use any meta tags or any other "hidden text" utilizing Denimhead's name or trademarks without the express written consent of Denimhead. Any unauthorized use terminates the permission or license granted by Denimhead. You are granted a limited, revocable, and nonexclusive right to create a hyper link to the home page of Denimhead so long as the link does not portray Denimhead, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Denimhead logo or other proprietary graphic or trademark as part of the link without express written permission.
-
Unless otherwise indicated, all of the content featured or displayed on this Site, as well as the compilation of such content, including, but not limited to, text, graphics, logos, photographic images and illustrations, audio clips, digital downloads, data compilations, and software (collectively, "Content"), is the property of Denimhead or its content suppliers and protected by United States and international copyright laws, and may not be used except as provided in these Terms and Conditions without Denimhead's prior written permission.
-
Denimhead.com and all graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Denimhead or its affiliates in the U.S. and/or other countries. Denimhead's trademarks and trade dress may not be used in connection with any non-Denimhead product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Denimhead. All other trademarks not owned by Denimhead or its affiliates that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Denimhead and its affiliates.
-
Except as expressly set out above, you may not resell, reproduce, modify or in any way commercially exploit any of the Content featured on the Site, or any similar content contained in any book or other product sold on the Site, other than as source material. In the event that you copy the designs, trademarks or intellectual property of third parties contained within the Site or any books or other products sold on the Site, you do so at your own risk, as such use could result in your being sued by the owner of such intellectual property. Without limitation, you agree not to do the following:
1. remove the copyright or trademark notice from any copies of the Content; or
2. redistribute any of the Content (including using it as part of any library, news, information, archive or similar service); or
3. create a database in electronic or structured manual form by downloading and storing all or any of the Content.
Limitation of Liability and Disclaimer
THIS SITE IS PROVIDED BY DENIMHEAD ON AS "AS IS" AND "AS AVAILABLE" BASIS. DENIMHEAD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR ANY OF THE PRODUCTS OFFERED FOR SALE INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DENIMHEAD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DENIMHEAD DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM DENIMHEAD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DENIMHEAD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Risk of Loss
- All books or other items purchased from Denimhead are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Advertising and Sponsorship
- Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Denimhead will not be responsible for any error or inaccuracy in advertising material.
Links to Other Sites
- Our Site may contain links to the Web sites of third parties on which you may be able to obtain content and/or download software. Denimhead makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third party websites accessible from the Site, or websites linking to the Site. These links are provided to you as a convenience, and the inclusion of the link does not imply affiliation, endorsement or adoption of any site or any information contained herein.
Forums and Interactive Services
-
The Site may include discussions, chats, postings, transmissions, bulletin boards, blogs or other areas of services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Site. You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law.
Registration Data and Account Security
-
In consideration of your use of this Site, you agree to: (a) provide accurate, current and complete information about you when prompted by the registration and/or check-out form; (b) maintain and promptly update the Registration Data, and any other information you provide to the company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Denimhead immediately of any unauthorized use of your account or breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to the company.
Privacy Policy
- The information that you provide about yourself to Denimhead will only be used by Denimhead and will not be disclosed to any third party without your consent.
Indemnification
- You agree to defend, indemnify and hold harmless Denimhead, its affiliates, employees, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses, including reasonable attorneys' fees, arising out of or related to any breach by you of any of the terms and conditions or applicable law, including those regarding intellectual property.
Applicable Law and Venue
- By visiting this Web site, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Site terms and any dispute of any sort that might arise. Any dispute shall be exclusively resolved by confidential and binding arbitration in Los Angeles, California. Any arbitration under this agreement shall be conducted under the prevailing rules of the American Arbitration Association and shall be binding and may be entered as a judgment in any court of competent jurisdiction. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California. You consent to exclusive jurisdiction and venue in such courts.
Termination
- Notwithstanding any of these Site Terms, Denimhead reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.
Changes to Site Terms
- Denimhead reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and its sole discretion. When a change is made, we will revise the "last updated" date at the top of the Site Terms. Your continued use of the Site following the posting of changes will constitute your acceptance of the changes. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Questions and Contact Information
Questions or comments about the Site or Site Terms may be directed to Denimhead at customerservice@denimhead.com or by calling 1.213.232.3112
Last updated on 29.1.07