INTELLECTUAL PROPERTY AND RESTRICTIONS ON USE OF MATERIALS
All of the content featured or displayed on the Web Site, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Stock Show Gear, its licensors, vendors, agents and/or its Content providers. Design House Creatives/Stock Show Gear is the owner and/or authorized user of any registered or unregistered trademark, trade name, and/or service mark appearing on the Website and is the copyright owner or licensee of the materials and content on the Website(s), unless otherwise indicated (collectively the "Intellectual Property"). You agree not to display or use the Intellectual Property in any manner without Design House Creatives/Stock Show Gear's prior permission. Nothing on the website shall be construed to grant any license or right to the Intellectual Property and you may not use, modify, sell, distribute, or create derivative works of such Intellectual Property, features, or content of these Websites in whole or in part. You may not download or save a copy of the Intellectual Property, except as expressly allowed by Design House Creatives or Stock Show Gear. If you make use of the Website other than as provided herein, you may be violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The Services and the Web Site may only be used for the intended purpose for which such Web Site and Services are being made available.
COPYRIGHT AND OWNERSHIP
All elements of the Web Site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and the Web Site may only be used for the intended purpose for which such Web Site and Services are being made available. Except as may be otherwise indicated in specific documents within the Web Site, you are authorized to view, play, print and download documents, audio and video found on our Web Site for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Web Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Web Site. For purposes of these Terms, the use of any such material on any other web site or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Web Site and Services. The Web Site, its Content and all related rights shall remain the exclusive property of Stock Show Gear or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Web Site.
PRODUCTS, CONTENT AND SPECIFICATIONS
Some products or services may be available exclusively online through our website and may be offered in limited quantities. These items are subject to return or exchange only in accordance with our Refund Policy.
We make every effort to display product images and colors as accurately as possible. However, we cannot guarantee that your device’s screen will display colors with complete accuracy.
We reserve the right—but are not obligated—to limit the sale of our products or services to any person, geographic region, or jurisdiction. This may be done on a case-by-case basis.
We may also limit quantities, discontinue products, or update descriptions and pricing at any time without notice. Any offer for a product or service on this site is void where prohibited by law.
We do not guarantee that the quality of any products, services, information, or materials purchased or obtained through the website will meet your expectations, or that any errors in the service will be corrected.
SHIPPING LIMITATIONS
When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
ACCURACY OF INFORMATION
We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. Except as prohibited by applicable law, we make no representation as to the completeness, accuracy or currency of any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
THIRD PARTY LINKS
From time to time, this Web Site may contain links to web sites that are not owned, operated or controlled by stockyard style or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Web Site, you do so entirely at your own risk.
UNAUTHORIZED USE OF COMPUTER SYSTEM
You are prohibited from using this website, its content, or its systems in any manner that:
(a) is unlawful, threatening, defamatory, libelous, obscene, pornographic, profane, or otherwise violates any applicable law; (b) could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability; (c) violates any international, federal, provincial, state, or local regulation, rule, or ordinance; (d) infringes upon or violates our intellectual property rights or the intellectual property rights of others; (e) harasses, abuses, insults, harms, defames, slanders, disparages, intimidates, or discriminates based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submits false, misleading, or fraudulent information;
(g) uploads or transmits viruses, malware, or any other malicious code that could affect the functionality or operation of the website, the Service, any related website, or the Internet; (h) collects or tracks the personal information of others without authorization;
(i) sends unsolicited email advertisements or other unauthorized communications, including through our systems or Voice computer systems, in violation of applicable anti-spam laws; (j) uses any robot, spider, scraper, or other automated means to access the website for any purpose without our express written permission; (k) takes any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (l) interferes with or attempts to interfere with the proper functioning of the website or any activities conducted on the website;
(m) bypasses, circumvents, or attempts to bypass or circumvent any measures we may use to prevent or restrict access to the website or its systems; (n) engages in spamming, phishing, pharming, pretexting, crawling, scraping, or similar unauthorized data collection or advertising practices; (o) is obscene, immoral, or otherwise inappropriate; or (p) interferes with or circumvents the security features of the Service, this website, any related websites, or the Internet.
Any such unauthorized use constitutes a violation of these Terms of Service. In addition to any remedies available to us at law or in equity, we reserve the right, at our sole discretion, to take any action necessary to prevent or address such violations, including without limitation the removal of content or termination of access. We will fully cooperate with law enforcement authorities, court orders, or subpoenas requesting or directing us to disclose the identity of anyone involved in prohibited conduct.
ACCOUNT SECURITY
You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Web Site.
USER GENERATED CONTENT – INFORMATION CONTROL
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Web Site post to the Web Site or transmit using the Web Site (“User Generated Content”) do not represent the views of Stock Show Gear or any individual associated with Stock Show Gear, and we do not control this User Generated Content. In no event shall you represent or suggest, directly or indirectly, Stock Show Gear endorsement of User Generated Content. Stock Show Gear does not vouch for the accuracy or credibility of any User Generated Content on our Web Site, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Generated Content on our Web Site. Through your use of the Web Site and Services, you may be exposed to User Generated Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Web Site, you assume all associated risks.
USER GENERATED CONTENT – YOUR LICENSE TO US
User Generated Content remains the intellectual property of the individual user. By posting User Generated Content on our Web Site, you grant Stock Show Gear a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Generated Content throughout the world in any media, whether now known or hereafter discovered. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
FEES
For all charges for any products and services sold on the Web Site, Stock Show Gear will bill your credit card or alternative payment method offered by Stock Show Gear. In the event legal action is necessary to collect on balances due, you agree to reimburse stockyard style for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Web Site..
FORCE MAJEURE
Neither Stock Show Gear nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
PRIVACY
Your use of our Web Site and Services is subject to our Privacy Policy. Please read our Privacy Policy.
DISCLAIMER
Except as prohibited by applicable law, the information, materials and Services provided on or through this Web Site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Except as prohibited by applicable law, neither stockyard style, nor any of its respective affiliates (i) warrants the accuracy or completeness of the information, materials or services provided on or through the Web Site or (ii) makes any commitments or assumes any duty to update such information, materials or services.
Neither Stock Show Gear, nor any of its respective affiliates, warrants that the functions contained in this Web Site will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components.
Except as prohibited by applicable law , we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this Web Site. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation, except as prohibited by applicable Tennessee law. We make no warranties to those defined as “consumers” in the Magnuson-Moss Warranty Act.
LIMITATION OF LIABILITY
Your use of the Web Site is at your own risk. You agree that our sole obligation to you is to provide the Web Site “as is.” Except as prohibited by applicable Tennessee law, neither Stock Show Gear nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Web Site shall be liable to you or to any third party for your use of, or the inability to use, the Web Site and its Content except in cases of (a) gross negligence, recklessness, or an act of knowing or intentional willful misconduct; or (b) a violation of a consumer protection statute in connection with the Web Site.
Except as prohibited by applicable Tennessee law, in no event will Stock Show Gear or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this web site, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Web Site, any web sites linked to this Web Site, and its Content, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. Please refer to your local laws for any such prohibitions.
In the event of any problem with this Web Site or any Content, you agree that your sole remedy is to cease using this Web Site. In the event of any problem with the products or services that you have purchased on or through this Web Site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier's warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Web Site. Except as prohibited by applicable Tennessee law, in no event shall Stock Show Gear's total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the greater of (a) fifty dollars ($50.00) or (b) the value of your purchase on the Web Site.
RELEASE
In the event that you have a dispute with one or more other users of the Web Site, you release Stock Show Gear (and its owners, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
TERMINATION
You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Web Site in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
WEB SITE DISPUTES
“Web Site Disputes” include: (a) any claim you may have against Stock Show Gear in connection with the Site, (b) any claim Stock Show Gear may have against you in connection with the Site, and (c) any action to enforce the Terms and Conditions or to object to the Terms and Conditions.
All other disputes are Non-Web Site Disputes. Any claim arising from your purchase of a Stock Show Gear product or service is a Non-Web Site Dispute. Any claim arising from the content of any offer or advertisement on the Site is a Non-Web Site Dispute.
GENERAL
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the State of Tennessee. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Except as prohibited by applicable Tennessee law, we do not guarantee continuous, uninterrupted or secure access to our Web Site or Services, and operation of the Web Site may be interfered with by numerous factors outside of our control.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
You agree that the Agreement may be automatically assigned by stockyard style in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Sections 9 (User Generated Content – Your License to Us); 11 (Access and Interference), 15 (Limitation of Liability), 16 (Legal Notice to Pennsylvania Residents), 17 (Indemnity), and 18 (Release) shall survive any termination or expiration of this Agreement.
COPYRIGHT AND TRADEMARKS NOTICE
All Site design, graphics, text selections, arrangements, and all software are Copyright.
All trademarks, service marks and trade names of Design House Creatives/Stock Show Gear used herein (including but not limited to: the Design House Creatives/Stock Show Gear name, the Design House Creatives/Stock Show Gear corporate logos) (collectively “Marks”) are trademarks or registered trademarks of the Design House Creatives/Stock Show Gear, or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify stockyard style trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this site, without stockyard style' prior written consent. The use ofDesign House Creatives/Stock Show Gear trademarks on any other web site or network computer environment is not allowed. This protects you, too. When you see the Design House Creatives/Stock Show Gear marks, you can be sure of our quality and performance.