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Under no circumstances, and no matter how arising, shall Ghost Nest be liable for any damages whatsoever other than the cost of your order. Ghost Nest shall not be liable for any special, indirect, consequential, or incidental damages, exemplary damages, or damages for lost profits, loss of revenue, damage to goodwill, or loss of use, arising out of or related to this website, any order by or on your behalf, the use of this website, or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Ghost Nest has been advised of the possibility of such damages. You further agree that Ghost Nest shall not be liable or responsible for any damages or injuries of any nature sustained by you or any person or entity in connection with any order you receive. Some jurisdictions may not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations may be inapplicable.
To the fullest extent allowed by law, Ghost Nest expressly disclaims and refutes warranties of any kind or nature, whether they be express or implied, by statute, case law, common law or otherwise, including (but not limited to) warranties of title, warranties of merchantability, warranty of fitness for a particular purpose or other warranty of any kind or description. Ghost Nest does not warrant, promise or represent that your order will meet or satisfy your expectation or intended use or that it will fit or be appropriate for your intended application. Nothing written or stated, whether expressly or by implication, in this website shall be construed or interpreted to create a warranty or promise upon which legal relief may be had.
Content includes, but is not limited to, any document, photo, drawing, thing, item, artwork, depiction, material, cartoon, font or design. You retain ownership rights to your Content submitted to the website. However, by submitting any content to Ghost Nest, you do grant Ghost Nest and its users and customers a nonexclusive, worldwide, transferable, sub-licensable license and permission to use, sell, advertise, market, copy, reproduce, modify, publicly display, and distribute your Content.
You acknowledge and agree that the website and any software provided to you or used in connection with the website, including, for example and without limitation, any API's or other scripts ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Ghost Nest grants you a non-exclusive, non-transferable, non-sublicenseable license to use the Software solely as necessary to use this website only and provided that you agree not to modify, rent, lease, loan, sell, distribute, copy or create derivative works based on the website or the Software, in whole or in part.
The intellectual property rights in or relating to any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials or things which you submit or communicate to Ghost Nest (excluding the specific Content you submit) will automatically be deemed to be assigned, granted and transferred by you to Ghost Nest upon their submission or communication to Ghost Nest, and you do assign all rights therein to Ghost Nest and agree that the same will automatically become the property of Ghost Nest and that Ghost Nest may use, exploit, copy, publish, display, 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 Ghost Nest may elect.
Ghost Nest recognizes and strives to protect the intellectual property rights of others, we also dont believe in producing vulgar content. By becoming a member of Ghost Nest, we ask that our users to do the same. Ghost Nest will terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others, particularly any repeat offenders. Additionally, we reserve the right to terminate the accounts of users who act with malicious intent. You agree to indemnify and hold harmless and defend Ghost Nest from all claims and lawsuits, and expenses related thereto, including reasonable attorney's fees, based on or related to any violation by you of any of the provisions of this Agreement.
You represent and promise to Ghost Nest that you are the sole and exclusive owner of any artwork, design, document, photo, drawing, thing, item, depiction, cartoon, font or design that you submit to Ghost Nest or, alternatively, that you have the full and unlimited and unrestricted legal right to use same as submitted to Ghost Nest.
If you believe that any Content has been copied, reproduced or used in a way that constitutes copyright and/or trademark infringement, or an invasion of your legal rights, please notify Ghost Nests Copyright Agent, and provide the following information ("Notice"):
You acknowledge and agree that Ghost Nest 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 Ghost Nest, its users and the public.
Ghost Nest's Copyright Agent can be reached at: firstname.lastname@example.org.
If your Content is uploaded as a design for products available to other users on this website, you grant the additional rights set forth in the Non-Exclusive License Agreement that is incorporated herein by this reference.
The following terms of this Nonexclusive License Agreement ("Agreement") apply if you create products with Ghost Nests design tools and/or publish a Design to be displayed and/or offered for sale on websites owned or operated by or for Ghost Nest. "Design" means any and all artwork, photographs, depiction, designs, sketches, materials, sketches, drawings, text, stitch files, and digital images that you send to Ghost Nest for placement on Ghost Nests website or on physical or electronic products made by or for Ghost Nest ("Products").
By uploading Designs to the website or creating Designs with Ghost Nests design tools, you grant the following licenses to Ghost Nest: the nonexclusive, worldwide, transferable, sublicensable right to use, manufacture, reproduce, publicly display, sell, market, and distribute the Design in or on Products and in advertising, marketing, samples, and promotional materials for the purpose of promoting the website and Products.
You agree that Ghost Nest, in its sole discretion, may terminate your password, account (or any part thereof) or use of the website, and remove and discard any Content you may have contributed to the website, at any time for any reason or no reason. Ghost Nest may also in its sole discretion and at any time discontinue providing the website, or any part thereof, with or without notice. You agree that any termination of your access to the website under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Ghost Nest may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the website.
By accessing or using this website, you agree to the following rules of conduct. It is within the sole discretion of Ghost Nest to decide that you have violated these rules of conduct in which event Ghost Nest may terminate its relationship with you as provided above and reject any order which Ghost Nest believes violates these rules. You hereby agree to not:
You agree to defend, indemnify and hold harmless Ghost Nest from all claims, demands, judgments, lawsuits awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on anything you submit, post to or transmit through the website, your use of the website, your violation of the terms and policies of this website, or your violation of any rights of any third party.
Prices for products are described in the website and are incorporated into this Agreement by reference. All prices are in U.S. dollars. Prices and products may change at any time, without notice, at Ghost Nests discretion. Title and risk of loss for all products ordered by you shall pass to you upon Ghost Nests delivery to the shipping carrier. All orders are subject to Ghost Nests Return Policy. Ghost Nest reserves the right to cancel any order for any product that may violate the intellectual property rights of a third party, or Ghost Nests policies, and will notify the purchaser that the order has been canceled.
Ghost Nest generally uses UPS, although we reserve the right to use other shippers in our sole discretion. Customers who order products from Ghost Nest are responsible for all shipping costs. Your order may arrive in different shipments.
Currently, we attempt to process orders once each week. Although there may be circumstances when it will take longer to deliver your order, particularly for orders outside the continental United States, you should normally allow for at least 10 business days from when you place your order until when we expect it to arrive for your enjoyment. However, Ghost Nest does not guarantee delivery dates and there may be times when orders arrive later than anticipated.
Because your order is truly a customized item made to your design, Ghost Nest does not accept returns and does not offer refunds. However, if the product you order is broken, flawed, defective, or doesnt contain the artwork you requested, at Ghost Nests option, your order will either be replaced or a refund will be made. A refund, if made, shall not include the cost of shipping but only the cost of the product ordered. It is within the sole and exclusive discretion of Ghost Nest to make the final determination whether any product is broken, flawed, defective or doesnt contain the artwork you requested. Any complaint and/or request for a replacement or refund must be made within 15 days after receipt of the item made the subject of the complaint, otherwise it will be conclusively deemed the item is satisfactory and acceptable to you.
The information and product listings on this website 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.
In the event of a dispute between you and Ghost Nest, both parties agree to negotiate with each other in good faith in an effort to amicably resolve the disagreement to each others satisfaction. Notwithstanding any law to the contrary, if such an agreement cant be reached, and should one party desire to pursue the matter further, then it is hereby agreed that any and all legal proceedings, complaints or investigations shall be filed, initiated and/or prosecuted in the County of San Francisco, California. The parties hereby agree that the County of San Francisco, California shall be the exclusive and sole venue for any and all legal disputes, investigations or proceedings of any nature whatsoever, including those pursued by any third party, agency or government, at your instance or initiation. Should you initiate any legal proceeding, complaint or investigation other than within the County of San Francisco, then you shall be responsible for all attorney fees, travel expenses and other costs and/or expenses of any nature related to any and all attempts to transfer the matter to the County of San Francisco. Notwithstanding any law to the contrary, you agree to waive any claim for attorney fees or court costs incurred in connection with the prosecution of any claim or lawsuit against Ghost Nest.