Terms and Conditions
Clotho Productions, LLC Terms and Conditions
Last Revised August 1st, 2018
Clotho Productions, LLC (the “Company”) provides an online retail store through deanslistapparel.com (the “Site”). BY USING, REGISTERING AND/OR PURCHASING ANY PRODCUTS FROM THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT (THE “AGREEMENT”). PLEASE READ THE AGREEMENT IN ITS ENTIRETY AS IT SETS FORTH YOUR OBLIGATIONS AND AGREEMENT. IF YOU DISAGREE WITH ANYTHING IN THIS AGREEMENT, PLEASE DO NOT USE, REGISTER OR PURCHASE ANY PRODUCTS FROM THIS SITE.
Copyright © 2018 Clotho Productions, LLC. All rights reserved. The material on this Site may not be reproduced and may not be distributed, publicly performed, proxy cached or otherwise used, except with the prior express permission of the Company.
Clotho Productions and other marks appearing on this site are trademarks or registered trademarks of the Company in the United States and/or other countries. No use of these marks may be made without the prior written authorization of the Company. All images, illustrations, designs, and artwork related to the Company are copyrights, trademarks, trade dress and/or other intellectual property owed, controlled or licensed by the Company. No license is granted with respect to these intellectual property rights.
Disclaimer of Warranties; Limitation of Liability
THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, OR NONINFRINGEMENT. THE COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUBJECT TO APPLICABLE LAW.
In the event that a product is mistakenly listed at an incorrect price on this site, the Company reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Company reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, the Company will issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by the Company without notice at any time, for any reason or no reason. The provisions relating to Copyrights, Trademark, Disclaimer, Disclaimer of Warranties, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice; Modification of Terms and Conditions
The Company may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to the Company. You agree that the Company may change these terms and conditions unilaterally and at any time, by posting notice of such change on this site for a period of five (5) consecutive days. Continued use of the site after such notice will constitute your acknowledgment and acceptance of the revised terms and condition.
Removal of material for which copyright infringement is claimed
The Company respects the intellectual property rights of others. Pursuant to Title 17 U.S.C.512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), the Company has implemented procedures for receiving written notification of claimed copyright infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed by materials posted on this site, please fill out a Notice of Infringement Form and fax or mail it to the following Company agent for notice of claims of copyright infringement: Clotho Productions, LLC; 3844 S. Santa Fe Ave, Vernon, California 90058 Attention: Manager.
The information requested by the Notice of Infringement Form substantively complies with 17 U.S.C. 512(c)(3)(A), which provides: To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, electronic e-mail address at which the complaining party may be contacted.
- 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.
- A statement that the information in the notification is accurate, 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.
Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent. Please provide a Notice of Infringement Form each time you wish to report alleged acts of infringement.
You agree that the laws of the State of California and the United States will apply to all matters relating to your use of this Site and/or the Agreement, as they would to agreements made and entered into entirely in California by California residents, notwithstanding your actual place of residence. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site and/or the Agreement (including but not limited to the purchase of products sold on this site) shall be in the state or federal courts located in Los Angeles County, California and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. Any cause of action or claim you may have with respect to the Site and/or the Agreement (including but not limited to the purchase of products) must be commenced within one (1) year after the claim or cause of action arises or forever be barred. The Company’s failure to insist upon or enforce strict performance of any provision of these terms and conditions and/or the Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions and/or the Agreement. The Company may assign its rights and duties under this Agreement to any party at any time without notice to you. The decisions of the Company with respect to any and all matters relating to or arising out of these terms and conditions and/or the Agreement are final and binding.
Use of Site
Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including the Company or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. Except as permitted pursuant to a written agreement between you and the Company and subject to the terms thereof, you may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
The Company does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, the Company is not undertaking any obligation or liability relating to any contents or activities on the site. However, the Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, libelous, pornographic, violent, bigoted, hate-oriented, illegal, offers any illegal goods or services, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to the Company in its sole discretion including, without limitation, (i) operating, utilizing, or promoting links to any website that contains, displays or promotes any (A) content that is libelous, defamatory, obscene, pornographic, abusive, violent, bigoted, hate-oriented, illegal, offers any illegal goods or services, or (B) software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (ii) using material that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) using material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (f); sending email “spam” in violation of any law; (iv) using any robot, spider, adware, scraper or other automated means to access this site; (vi) generating queries or click-throughs through any means that could reasonably be interpreted as coercive, misleading, invalid, automated, or fraudulent.
You agree to indemnify, defend and hold harmless the Company, its affiliates and their respective directors, officers, employees agents, licensors and suppliers, from and against any and all claims, liabilities, damages, losses, costs, fees (including attorneys’ fees) and expenses that such parties may incur as a result of, arising out or in connection from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, the Company may link to sites operated by third parties. However, even if the third party is affiliated with the Company, the Company has no control over these linked sites, all of which have separate privacy and data collection practices, independent of the Company. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, the Company seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).