THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE SERVICES AND PRODUCTS AVAILABLE THROUGH THE NATIONALDOUCHEBAGREGISTRY.COM ALSO REFERRED TO AS (NDR). TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE OUR SERVICES. TERMS SUMMARY: 1) 2) 3) 4) All Sales are final and we do our best to make that CLEAR. We are not responsible for typographical errors submitted to us. We are not responsible for delivering products to an address provided to us incorrectly. You will receive a tracking number via email for products shipped and an email receipt detailing purchases made on our site. 5) If WE make an error we will correct it for you. ( Contact CUSTOMER SUPPORT ) 6) We will update our terms. If/when we do we will note that there are updates. 7) We only do business with payment account holders or those that have told us that they have authorization to use the payment account chosen. 8) We do not authorize any use or reproduction of our logo, products, or likeness unless specifically defined in the authorized use section. 9) Most everything written below is to say we will provide what we’ve offered. PLEASE don’t say you changed your mind. Once our product transaction is completed it’s too late. 10) We take your privacy and ours very serious, Please review our PRIVACY POLICY. and/or PayPal’s 11) No one will know who you are unless you choose otherwise. Seriously though; Please don’t sign up the CIA, FBI, or IRS Directors etc. and not think there is a “potential” risk for all of us. 12) If we have to pay taxes we will pass on the honor to you as well. 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THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT. CHANGES The NDR reserves the right at any time to modify this agreement and to impose new or additional terms or conditions on use of our service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this agreement. Your continued use of services will be deemed acceptance thereof and links to this agreement shall appear at each opportunity of purchase. MISCELLANEOUS This agreement constitutes the entire agreement between you and the NDR and governs your use of our service, superseding any prior agreements between you and the NDR. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. NDR's failure to enforce any right or provisions in this agreement will not constitute a waiver of such or any other provision. The NDR will not be responsible for failures to fulfill any obligations due to causes beyond its control. The NDR Service is operated from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the NDR service. You expressly agree that exclusive jurisdiction for any claim or dispute with the NDR or relating in any way to your use of the NDR’s Service resides in the courts in the State of Illinois. The NDR reserves the rights to take steps we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this agreement. You agree that the NDR has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials as the NDR believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to the NDR's right to cooperate with any legal process relating to your use of the service and/or NDR Products that your use of the NDR Service and/or NDR Products is unlawful and/or infringing such third party's rights). Advertising and/or links moving you away from the NDR environment You understand that by using any of the links or external services that may be posted on the NDR website you will need to adhere to their policies. You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the External Services at your sole risk and that neither the Licensor nor its agents shall have any liability to you for content that may be found to be offensive, indecent, or objectionable. Certain External Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the External Services, you acknowledge and agree that neither the Licensor nor its agents is responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Neither the Licensor nor its agents warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. In the case that financial information is displayed by any External Services it should be viewed as general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the External Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Location data provided by any External Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Licensor, nor its agents, nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any External Services. You agree that the External Services contain proprietary content, information and material that is owned by Licensor and/or its agents or licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the External Services or in any manner that is inconsistent with the terms of this Standard EULA or that infringes any intellectual property rights of a third party or the NDR. No portion of the External Services may be reproduced in any form or by any means. 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In addition, External Services and Third Party Materials that may be accessed from, displayed on or linked to from the NDR site are not available in all languages or in all countries or regions. Licensor makes no representation that such External Services and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such External Services and Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Licensor reserves the right to change, suspend, remove, or disable access to any External Services at any time without notice. In no event will Licensor be liable for the removal of or disabling of access to any such External Services. Licensor may also impose limits on the use of or access to certain External Services, in any case and without notice or liability. Rights and Permissions If you have any questions concerning the usage or licensing of the NDR’s copyrighted materials, for example, photographs, video footage, NDR advertisements or other NDR materials, please submit your detailed request in writing. Please be sure to include any surrounding copy or text to the material. Marketing or advertising requests (which may include promotions/giveaways, sponsorship, product placement and partnership requests) may be emailed to Advertising. For use of NDR copyrighted material in third party works e.g., books, blogs, our forum or publications, please submit your detailed request to Copyright Information and include the following: • • • • • • • Specific image(s) or material for which you are seeking permission Surrounding copy or text to the NDR material you wish to use in your project Publisher, if applicable Publishing date, if applicable Title, if applicable How the NDR and its products fit into your project Your deadline ( Guidelines for Third Parties Using NDR Trademarks and Copyrights) These guidelines are for NDR licensees, authorized resellers, developers, customers, and other parties wishing to use NDR’s trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging. Use of the NDR Logo or other products for commercial purposes without the prior written consent of the NDR may constitute trademark infringement and unfair competition in violation of federal and state laws. Use of NDR trademarks may be prohibited, unless expressly authorized. If you are a licensee of an NDR trademark or logo and have been provided with special trademark usage guidelines with your license agreement, please follow those guidelines. If your license agreement does not provide usage guidelines, then follow these guidelines. If you are an NDR Authorized Reseller or member of an NDR program, you may be subject to additional restrictions. NDR’s trademarks, service marks, trade names, and trade dress are valuable assets. In following these guidelines, you help us protect our valuable trademark rights and strengthen our corporate and brand identities. By using an NDR trademark, in whole or in part, you are acknowledging that the NDR is the sole owner of the trademark and promising that you will not interfere with NDR’s rights in the trademark, including challenging NDR’s use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any NDR trademark. The goodwill derived from using any part of an NDR trademark exclusively inures to the benefit of and belongs to the NDR. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise. If you have any questions regarding these guidelines, please talk to your NDR representative or submit your query to NDR’s Communications Department. Unauthorized Use of NDR Trademarks 1. Company, Product, or Service Name: You may not use or register, in whole or in part, The National Douchebag Registry, or any other NDR trademark, including NDR-owned graphic symbols, logos, icons, or an alteration thereof, as or as part of a company name, trade name, product name, or service name except as specifically noted in these guidelines. 2. NDR Logo and NDR-owned Graphic Symbols: You may not use the NDR Logo or any other NDR-owned graphic symbol, logo, or icon on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except pursuant to an express written trademark license from the NDR, such as a reseller agreement. 3. Variations, Takeoffs or Abbreviations: You may not use an image of a NDR seal, a real douchebag or other variation of the NDR logo for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of an NDR trademark for any purpose. For example: Not acceptable: Douche wear Douchebag Products in relation to our business 4. Disparaging Manner: You may not use an NDR trademark or any other NDR-owned graphic symbol, logo, or icon in a disparaging manner. 5. Endorsement or Sponsorship: You may not use the NDR or any other NDR trademark, including NDR-owned graphic symbols/logos, or icons, in a manner that would imply the NDR’s affiliation with or endorsement, sponsorship, or support of a third party product or service. 6. Merchandise Items: You may not manufacture, sell or give-away merchandise items, such as T-shirts and mugs, or other materials bearing Douchebag, or any other NDR trademark, including symbols, logos, or icons, except pursuant to an express written trademark license from the NDR or proof or prior ownership and wrights to November, 21. 2013 . 7. NDR’s Trade Dress: You may not imitate the distinctive NDR packaging, web site design, logos, or typefaces. 8. Slogans and Taglines: You may not use or imitate an NDR slogan or tagline. 9. Domain Names: You may not use an identical or virtually identical NDR trademark as a second level domain name. xxxxx.(anything) com,net,info,mobi,co,info,biz,us, etc. obtained after November 21, 2013. Example: Non acceptable: “douche.com” “globaldouchebagregistry.com” “Youradouchebag.com” “Douchebagproducts.com” “Whosadouchebag.com” NDR User Conduct In use of this site, including the use and posting on our Forum you agree to not: 1.Submit or otherwise transmit any materials including but not limited to text, data, photos, graphics, or any of these elements in combination as a design for products available on this site or otherwise ("Content") that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory. libelous, tortuous, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasion of another's rights including but not limited to rights of celebrity, privacy and intellectual property. Use of the NDR website, our products, and services are intended for entertainment only. 2. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. 3. Submit or otherwise transmit any content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can't use images of celebrities or corporate products, nor images, text, or design that you've copied from a website without written permission from the owner. 4. Submit or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law. 5. Submit or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation on our site. 6. Submit or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, gather information, spy or limit the functionality of any computer software or hardware or telecommunications equipment. 7. Submit or otherwise transmit false or misleading information 8. Disrupt or interfere with the security of, or otherwise abuse, the website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites. 9. Access, tamper with or use non-public areas of the website. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution. 10. Disrupt or interfere with any other user's enjoyment of the NDR website or affiliated or linked websites. 11. Frame or link to the NDR website except as permitted in writing by the NDR. You acknowledge that the NDR does not pre-screen submitted content, but that the NDR and its designers shall have the right (but not the obligation) in their sole discretion to reject or remove any content that is stored on or otherwise available via the site. Upon placing your order, you acknowledge that the NDR may review your order and the content it contains for adherence to our guidelines and compliance with the terms and conditions set forth in this agreement. You acknowledge and agree that the NDR may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this agreement; (iii) respond to claims that any content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of the NDR, its users and the public. You understand that the technical processing and operation of the Site, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices. You agree that you are responsible for actions and communications undertaken under your account. The NDR takes no responsibility and assumes no liability for any content uploaded or otherwise transmitted by or to you or by or to any thirdparty, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against the NDR and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, content or materials on the site. You agree to indemnify the NDR and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of this agreement. You agree that you will use this site and any products ordered on this Site in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity. Proprietary Rights You acknowledge and agree that any content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by the NDR, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any content received or produced through the Site without the authorization of the content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute content available through the site, in violation of applicable copyright and other intellectual property laws. You retain all ownership rights to your content submitted to the site. By submitting content to the NDR, you grant us a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your content if we see fit. The intellectual property rights in or relating to the content of any notes, messages, emails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to the NDR (excluding your content you submit) will automatically be deemed to be assigned, granted and transferred by you to the NDR upon their submission or communication to the NDR, and you do assign all rights therein to the NDR and agree that the same will automatically become the property of the NDR and that the NDR may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose the NDR may elect, forever. Pricing, Shipping, and Terms of Sale Prices for products are described on the Site and are incorporated into this agreement by reference. All prices are in US dollars. Prices and products may change at the NDR’s discretion. Title and risk of loss for all products ordered by you shall pass to you on NDR shipment to the shipping carrier. All Purchases are final and subject to NDR’s processing procedures. If we made an error we will fix it. If you made an error please understand we cannot un-list, reprint, etc our property once purchased. One day it may be different but for now we do not accept returns. Please do not purchase products if you do not agree. We will understand. Correction of Errors and Inaccuracies The information and product listings on this Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of products (including after you have submitted your order)for any reason, including, without limitation, if the product violates any terms of this agreement. Assignment This agreement and all of your rights and obligations hereunder will not be assignable or transferable by you without the prior written consent of the NDR notwithstanding the foregoing, this agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. Relationship Without limiting any other provision of this agreement, this agreement creates no agency, partnership, joint venture or employee-employer relationship between You and the NDR. Third-Party Websites The NDR website may contain links to websites operated by third parties ("Third-Party Websites"). The NDR does not have control over these Third-Party Websites, each of which may be governed by its own terms of service and privacy policy. NDR has not reviewed, and cannot review, Third-Party Websites, and therefore does not warrant or endorse any Third-Party Website or the content appearing thereon. By visiting or using Third-Party Websites, You assume all responsibility and liability for all resulting harms, whether to You or to any third party, including without limitation as resulting from Your downloading or use of any content, software or other materials available there from. Integration Clause This agreement (and any documents referred to in it) with the nonexclusive license agreement contains the whole agreement between the parties relating to the transactions contemplated by this agreement and supersedes all previous understandings and agreements between the parties relating to these transactions. Each party acknowledges that, in agreeing to enter into this agreement, it has not relied on any representation, warranty, collateral contract or other assurance (except those set out in this agreement and any documents referred to in it) made by or on behalf of any other party or any other person whatsoever before the execution of this agreement. Each party waives all rights and remedies which, but for this clause, might otherwise be available to it in respect of any such representation, warranty, collateral contract or other assurance, provided that nothing in this clause shall limit or exclude any liability for willful misconduct or fraud." USE COMMON SENSE IN ALL YOUR ONLINE ACTIVITIES Even the best policy can't protect your online privacy and security in all circumstances. Unscrupulous advertisers, hackers, and scam artists are constantly searching the Internet looking for new targets. Your best protection is to understand the limits to privacy on the Internet and use common sense in all of your on-line activities. Be aware that e-mail is an inherently insecure form of communication. Remember that third parties are sometimes able to illegally intercept your unencrypted messages, including online greetings. Anytime you visit a chat room or post a message to an on-line bulletin board, your e-mail address can be accessed by advertisers looking to compile lists for unsolicited commercial email (also known as spam). Be sure that you only disclose your e-mail address in circumstances in which it is safe to do so. Beware of scams in which persons unknown to you request your screen name, password, or credit card information. Make sure you verify the identity of anyone asking for personal information. Always monitor your children's on-line activities and educate them as to the rules for safe Internet use. For more information, click here for the Internet Education Foundation's Online Safety Guide for Kids.
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