terms of use
These terms and conditions, together with our Privacy Policy govern your use of www.seckswear.com ("Secks Enterprise, Inc."). By using these web sites (collectively called the "Service"), you consent and agree to these terms and conditions.
Link to Content Pages:
The RSS service may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on the Secks Enterprise, Inc. Site. You may not display the RSS Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable Secks Enterprise, Inc. site web page. You may not insert any intermediate page, splash page or other content between the RSS link and the applicable Secks Enterprise, Inc. Site web page.
Ownership:
Secks Enterprise, Inc. retains all ownership and other rights in any and all Secks Enterprise, Inc. logos, product designs and trademarks used.
Copyright
Secks Enterprise, Inc., seckswear.com, secksgear.com, secksapparel.com, as well as "Secks Enterprise, Inc." the name and its Services are protected by Copyright as a collective work and/or compilation. Information, compilations of information, graphics and other material ("Content") of the Service is copyright Secks Enterprise, Inc..com © 2007. Unless otherwise explicitly stated by Secks Enterprise, Inc., you may copy the Content only for your own personal use, provided that you maintain all copyrights and other notices that are contained in the Content, but you may not otherwise download or store Content. Except as allowed by copyright laws, no copying, storage, publication, or redistribution of any Content is permitted without the express written permission of Secks Enterprise, Inc. and The Media LLC.
Claims of Copyright Infringement
If you believe that this site contains material which infringes upon your copyrighted work, please submit the following information to our designated copyright agent:
- A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of the location on this site of the work that you claim infringes the copyrighted work;
- Your contact information, including address, telephone number and e-mail address;
- A statement that you have a good faith belief that the use of the alleged infringing material is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the information submitted above is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf.
This contact information is only for reporting copyright infringement. Contact information for other matters is provided elsewhere on this site.
Correspondence received and Communication
Secks Enterprise, Inc. reserves the right to use as it sees fit any and all information or correspondence sent to it or its current or future Services via email, letters, phone, or any electronic or other means of communication. You acknowledge that any communication with or transmission to Secks Enterprise, Inc. may be intercepted or read by others and is not confidential. No fiduciary relationship exists between you and Secks Enterprise, Inc.
You represent, warrant, and covenant that you shall not upload, post, distribute or transmit through Secks Enterprise, Inc. any information that (i) restricts or inhibits any other user from using or enjoying Secks Enterprise, Inc., (ii) in Secks Enterprise, Inc.' discretion is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, or indecent, (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or violate the law, (iv) violates, plagiarizes, or infringes on the rights of third parties, (v) contains a computer virus or other harmful component, or (vi) constitutes or contains false or misleading indications of origin or statements of fact.
Disclaimer; No Warranty
Secks Enterprise, Inc. makes no representations or warranties as to the accuracy of the Content. Secks Enterprise, Inc. is not liable for omissions or typographical errors contained in the Content. You acknowledge that any reliance upon any Content shall be at your own risk. If a party for whom Content has been published discovers an error or omission in the Content, it is that party's obligation to notify Secks Enterprise, Inc. of the error or omission; however, Secks Enterprise, Inc. does not warrant that such error or omission will be corrected.
All transactions made based on information from the Service are solely between you and the Vendor. Your sole rights and remedies shall be against the Vendor. By using the Service, you acknowledge and agree that Secks Enterprise, Inc. has no liability for any cost, damage, or harm, directly or indirectly, in connection with the delivery, failure to deliver, performance, quality, or any other aspect of any products or services ordered or attempted to be ordered via information from the Service.
You agree to indemnify, defend, and hold harmless Secks Enterprise, Inc. and any of its officers, owners, agents, employees, affiliates, licensors, and licensees from and against any and all liability and costs, including, without limitation, regulatory penalties, attorneys' fees, and costs incurred in connection with any claim arising our of your use of the Service or any breach by you of these Terms and Conditions. Secks Enterprise, Inc. reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter related hereto without the written consent of Secks Enterprise, Inc.
Secks Enterprise, Inc. shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Service. Secks Enterprise, Inc. does not warrant that the Service will be uninterrupted, error free, or virus free; nor does Secks Enterprise, Inc. make any warranty as to the results to be obtained from use of the Service or its Content. The Service and its Content are distributed on an "as is, as available" basis. Secks Enterprise, Inc. MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OF IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may or may not apply to you. In such states, the liability of Secks Enterprise, Inc. shall be limited to the greatest extent permitted by law. You expressly agree that the entire risk as to the quality and performance of the Service and the accuracy or completeness of the content is assumed solely by you.
External sites
Secks Enterprise, Inc. is not responsible for the availability of, or the content located on or through, any external site referenced on its Services or in its communications. You should contact the site administrator of those external sites if you have any concerns regarding the content located on them. Links to and from Secks Enterprise, Inc. and its sites do not constitute an endorsement by Secks Enterprise, Inc. of any third party products or services.
Modifications
Secks Enterprise, Inc. may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any database, feature, or content, without prior notice or liability. Secks Enterprise, Inc. reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Please review these Terms and Conditions from time to time to ensure that you are aware of any changes.
Forums/Blogs
Secks Enterprise, Inc. forums are maintained as a convenience for public participation among its members, using their real names. All contributions must conform with Secks Enterprise, Inc. requirements and policies. Contributions may not contain advertising. Users are individually liable for their own contributions and Secks Enterprise, Inc. expressly disclaims all responsibility or liability for any contributions. By posting a contribution, you grant to Secks Enterprise, Inc. a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such contribution, in all media now known or hereafter developed. You hereby waive all rights to any claim against Secks Enterprise, Inc. for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such contributions. Secks Enterprise, Inc. reserve the right to monitor its forum(s) and to modify or remove specific content that it deems a violation of its requirements and policies, but Secks Enterprise, Inc. has no obligation to do this. Secks Enterprise, Inc. reserves the right to disclose any information necessary to satisfy any law, regulation, or governmental request, or to edit, refuse to post, or remove any information in whole or in part that in Secks Enterprise, Inc.' sole discretion is objectionable or in violation of these Terms and Conditions.
Acceptance; Miscellaneous
Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Secks Enterprise, Inc.. If at any time these Terms and Conditions are not acceptable to you, you should immediately cease use of the Service.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that provision shall be enforced to the maximum extent permissible to further the intent of these Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect.
These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and Secks Enterprise, Inc. with respect to your use of the Service. Any cause of action you may have with respect to your use of the Service must be commenced with one (1) year after the claim or cause of action arises.
Choice of Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the province of Ontario without regard to conflicts of laws provisions. Exclusive jurisdiction for any action related to these Terms and Conditions shall be an appropriate state or federal court located in the province of Ontario.