Terms and Conditions USE AND RESTRICTIONS The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 12 years of age or older, and who are not barred from using the Sites under applicable laws. The Sites are provided solely as a convenience to you for non-commercial use. You may access and use the Sites only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that Store, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Sites. You further agree that you will not: Resell for commercial purposes products purchased through use of the Sites; Resell or make commercial use of the Sites or Content therein; Modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; Collect or use any product listings or descriptions; Use any data mining, robots, or similar data gathering and extraction methods from the Sites; Other than for your use of the Sites as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Sites are hosted or modify or alter the Sites in any way; Forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Sites; Use frame or utilize framing techniques to enclose any Store. trademark, logo or other proprietary information (including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page) without Store’s express written consent; or use any meta tags or any other “hidden text” utilizing a Store name, trademark, or product name without Store’s express written consent. Any unauthorized use of the Sites will terminate the permission or license granted by these Terms of Use, will result in you being barred from use of the Sites, and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. COPYRIGHT The Content and the Sites, as well as the selection and arrangement thereof, are the sole property of Elk and Hyve Sports and/or its licensors and are protected by patent, copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms of Use or with Store’s express written consent. Other than as necessary for your use of the Sites in accordance with these Terms of Use, Store grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark and other proprietary notices on the Content. Any Content owned by Store’s licensors may be subject to additional restrictions. Except as expressly provided in these Terms of Use, no part of the Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Store’s express prior written consent. You acknowledge and agree that Store may access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the Sites, and all information relating to the use of the Sites under your account or account password if Store is required to do so by law or legal process or if Store determines, in its sole discretion, that such action is necessary to protect the rights of Store, third parties, and other users of the Sites or for purposes of responding to your request for customer service. Store’s right to disclose any such information shall govern over any terms of our Privacy Policy. CUSTOMIZING AND PERSONALIZING PRODUCTS By using our designer tools and uploading any image or adding any text to your customized product, you acknowledge that you have the legal right to use any logos, trademarks, text, messages, artworks, or images. You are solely responsible for ensuring that any content used in your designs does not infringe on the intellectual property rights of any third party, including copyright and trademark rights. We reserve the right to refuse any orders that contain unauthorized or illegal content. You agree to indemnify and hold us harmless against any claims, damages, or costs arising from any violation of intellectual property rights resulting from the use of your customized designs. We do not verify or endorse any content used in customized designs and are not liable for any violations of intellectual property rights resulting from their use. By submitting your customized design for production, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and distribute the design for the sole purpose of fulfilling your order. TERMS OF SALE All product sales from the Sites are governed by any terms of sale that may be posted on the Sites. You should refer to our contact page to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in Store’s sole discretion so you should review the terms of sale each time you make a purchase. ELECTRONIC COMMUNICATIONS You consent to receive electronic communications from Store. either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites. You acknowledge and agree that any electronic communication in the form of such email or posting on the Sites shall satisfy any legal requirement that such communication be in writing. LINKS TO THIRD PARTY WEBSITES The Sites may contain links to websites and other resources operated by third parties other than Store Such links are provided solely as a convenience to you. Store does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Sites does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
