Terms of Agreement
Welcome to Vanthary.com. The Vanthary.com Web Site is an online retail store
provided by Vantha Ry, subject to your compliance with the terms and conditions
set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE,
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Vanthary.com
MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF
THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS
AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE
DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT.
1. Copyright, Licenses and Idea Submissions
The entire contents of the Site are protected by international copyright and
trademark laws. The owner of the copyrights and trademarks are Vanthary.com,
its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY,
REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE,
IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT,
GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions
of material from the different areas of the Site solely for your own noncommercial
use provided that you agree not to change or delete any copyright or
proprietary notices from the materials. You agree to grant to Vanthary.com a
non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense,
to reproduce, distribute, transmit, create derivative works of, publicly
display and publicly perform any materials and other information (including,
without limitation, ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as bulletin boards,
forums and newsgroups) or by e-mail to Vanthary.com by all means and in any
media now known or hereafter developed. You also grant to Vanthary.com the
right to use your name in connection with the submitted materials and other
information as well as in connection with all advertising, marketing and
promotional material related thereto. You agree that you shall have no recourse
against Vanthary.com for any alleged or actual infringement or misappropriation
of any proprietary right in your communications to Vanthary.com.
TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are
the exclusive trademarks or service marks of Vanthary.com. Other product and
company names mentioned in the Site may be the trademarks of their respective
owners. Vantha Ry graphics, logos, button icons, scripts, and service names are
trademarks, registered trademarks or trade dress of Vantha Ry in the U.S. and/or
other countries. Vantha Ry trademarks and trade dress may not be used in
connection with any product or service that is not Vantha Ry, in any manner that
is likely to cause confusion among customers, or in any manner that disparages
or discredits Vantha Ry. All other trademarks not owned by Vantha Ry that
appear on this site are the property of their respective owners, who may or may
not be affiliated with, connected to, or sponsored by Vantha Ry.
2. Use of the Site.
You understand that, except for information, products or services clearly
identified as being supplied by Vanthary.com, Vanthary.com does not operate,
control or endorse any information, products or services on the Internet in any
way. Except for Vanthary.com- identified information, products or services, all
information, products and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated with Vanthary.com.
You also understand that Vanthary.com cannot and does not guarantee or
warrant that files available for downloading through the Site will be free of
infection or viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a means external to the
Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. Vanthary.com PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE
OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND Vanthary.com SHALL NOT BE LIABLE FOR ANY COST OR
DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
Vanthary.com DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.
YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Vanthary.com
IN NO EVENT WILL Vanthary.com BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF Vanthary.com OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Vanthary.com
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Vanthary.com makes no representations whatsoever about any other website
which you may access through this one or which may link to this Site. When you
access a non-Vanthary.com web site, please understand that it is independent
from Vanthary.com, and that Vanthary.com has no control over the content on
that web site. In addition, a link to a Vanthary.com web site does not mean that
Vanthary.com endorses or accepts any responsibility for the content, or the use,
of such web site.
3. Indemnification
You agree to indemnify, defend and hold harmless Vanthary.com, its officers,
directors, employees, agents, licensors, suppliers and any third party information
providers to the Service from and against all losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting from any violation of this
Agreement (including negligent or wrongful conduct) by you or any other person
accessing the Service.
4.Third Party Rights
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are
for the benefit of Vanthary.com and its officers, directors, employees, agents,
licensors, suppliers, and any third party information providers to the Service.
Each of these individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
5.Term; Termination
This Agreement may be terminated by either party without notice at any time for
any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights)
and 6 (Miscellaneous) shall survive any termination of this Agreement.
6. Product Descriptions
Vantha Ry attempts to be as accurate as possible. However, Vantha Ry does not
warrant that product descriptions or other content of this site are accurate,
complete, reliable, current, or error-free. If a product offered by Vantha Ry itself is
not as described, your sole remedy is to return it in unused condition.
7. Your Account
If you use this site, you are responsible for maintaining the confidentiality of your
account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account or
password. Vantha Ry does sell products for children, but it sells them to adults,
who can purchase with a credit card. If you are under 18, you may use
Vanthary.com only with involvement of a parent or guardian. Vantha Ry reserves
the right to refuse service, terminate accounts, remove or edit content, or cancel
orders in its sole discretion.
8. Electronic Communications
When you communicate with us electronically such as visiting Vanthary.com or
sending us e-mail, you are giving us permission to deliver communications from
us electronically. We will communicate with you by e-mail or by posting notices
on this site. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
9. Copyright
All content included on this site, such as text, graphics, logos, button icons,
images, audio, data compilations, and software, is the property of Vantha Ry or
its content suppliers and protected by United States and international copyright
laws. The compilation of all content on this site is the exclusive property of
Vantha Ry and protected by U.S. and international copyright laws. All software
used on this site is the property of Vantha Ry or its software suppliers and
protected by United States and international copyright laws.
10. Licenses and Site Access
Vantha Ry grants you a limited license to access and make personal use of this
site and not to download or modify it, or any portion of it. This license does not
include any resale or commercial use of this site or its contents; any collection
and use of any product listings, descriptions, or prices; any derivative use of this
site or its contents; any downloading or copying of account information for the
benefit of another merchant; or any use of data mining, robots, or similar data
gathering and extraction tools. This site or any portion of this site may not be
reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for
any commercial purpose without express written consent of Vantha Ry. You may
not frame any trademark, logo, or other proprietary information (including images,
text, page layout, or form) of Vantha Ry without express written consent. You
may not use any meta-tags or any other "hidden text" utilizing Vantha Ry name
or trademarks without the express written consent of Vantha Ry. Any
unauthorized use terminates the permission or license granted by Vantha Ry.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink
to the home page of Vanthary.com so long as the link does not portray Vantha
Ry, or its products or services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any Vantha Ry logo or other proprietary
graphic or trademark as part of the link without express written permission.
11.Miscellaneous
This Agreement shall all be governed and construed in accordance with the laws
of The United States of America applicable to agreements made and to be
performed in The United States of America. You agree that any legal action or
proceeding between Vanthary.com and you for any purpose concerning this
Agreement or the parties' obligations hereunder shall be brought exclusively in a
federal or state court of competent jurisdiction sitting in The United States of
America. Any cause of action or claim you may have with respect to the Service
must be commenced within one (1) year after the claim or cause of action arises
or such claim or cause of action is barred. Vanthary.com's failure to insist upon or
enforce strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any provision of this
Agreement. Vanthary.com may assign its rights and duties under this Agreement
to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Contact:
Vantha Ry Clothing
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