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Terms & Conditions
1 Acceptance of Hoopswagg Terms and Conditions
In order to place a custom order, you are required to accept these terms and conditions.
2 Hoopswagg Intellectual Property
2.1 All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation product or Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Hoopswagg or otherwise used by Hoopswagg as permitted by law.
2.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
3 Customer Intellectual Property
3.1 You agree any images or artwork you provide to Hoopswagg (“Customer Images”) for the purpose of placing a custom order are owned by or licensed to you or otherwise used by you as permitted by law.
3.2 You agree that by providing the Customer Images, you grant Hoopswagg a limited, worldwide, nonexclusive, royalty-free license to use the Customer Images for the purpose of fulfilling your order and creating derivative works.
3.3 You acknowledge and agree that Hoopswagg offers no warranties as to Customer Images, and we are under no obligation to retain the Customer Images. If we are notified by a third party that the Customer Images, or any derivative work, may be infringing, we retain the right to immediately discard and delete all objects, products and instances containing such Customer Images.
4 Disclaimers and Limitation of Liability
4.1 To the extent permitted by law, Hoopswagg will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Hoopswagg website.
4.2 Your custom order is made specifically for you, to your specifications, and has no residual value to Hoopswagg.
You agree to indemnify and hold Hoopswagg and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Hoopswagg arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of Hoopswagg’s Website, including claims that your Customer Images infringe the intellectual property rights of a third party.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
7 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of the state of Oregon and you hereby submit to the exclusive jurisdiction of Oregon courts.