Terms & Conditions
The entire content included in this website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of MECHANIX WEAR, INC.. The collective work includes works that are licensed to MECHANIX WEAR, INC. Copyright 2009, MECHANIX WEAR, INC. ALL RIGHTS RESERVED. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with MECHANIX WEAR, INC. or to purchase MECHANIX WEAR products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by MECHANIX WEAR, INC. in writing. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the website.
All trademarks, service marks and trade names of MECHANIX WEAR, INC. used in the website (including but not limited to the MECHANIX WEAR name, the “M” mark and “Scatter” are trademarks or registered trademarks of MECHANIX WEAR, INC. They may not be used without MECHANIX WAER INC.’S prior written permission. Any other intellectual property in the website, including but not limited to patents, issued or pending, are the sole property of MECHANIX WEAR, INC. and/or its licensors.
All orders placed through the website are subject to MECHANIX WEAR INC.’S acceptance, which is in its sole discretion. Without limitation, this means that MECHANIX WEAR, INC. may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, MECHANIX WEAR, INC. shall issue a credit to your credit card account.
Before continuing, we want you to know how your photograph may be used. If selected, your photograph may be used by Mechanix Wear in any of our various on-line, catalog or print media to highlight the real-world uses of The Tool that Fits Like a Glove®. We want to hear from you!
IMPORTANT - READ CAREFULLY: This photograph submission process is intended for only adults (over the age of 18 in most jurisdictions) who own or have sufficient rights in the photographs to allow use by Mechanix Wear. Prior to continuing, you must agree to the following Photograph Submission License Agreement as indicated by pressing the “I agree” button at the end of this page. If you do not agree to the terms of the Agreement, press the “I do not agree” button also at the end of this page to reject the Agreement and to cancel submission of the photograph.
PHOTOGRAPH SUBMISSION LICENSE AGREEMENT
This Photograph Submission License Agreement (“Agreement”) is binding between you and Mechanix Wear Inc., with offices at 28525 Witherspoon Parkway, Valencia, CA 91355 United States (“Mechanix Wear”).
A. Photograph Submitter desires to submit a photograph to Mechanix Wear for evaluation and use in on-line photo gallery, catalog or print media and other publically available publications.
B. Mechanix Wear desires to receive, evaluate and possibly use such photograph for the uses described above.
Photograph Submitter and Mechanix Wear agree as follows:
1.1 “Affiliates” shall mean any entity that, directly or indirectly, controls, is controlled by, or is under common control with, such entity. With respect to Affiliates, “control” shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the actions and/or policies and management of a person or entity, whether by the ownership of stock, by ownership of voting security, by contract, or by any other method.
1.2 “Photograph Submitter” shall mean the person or entity accepting this Agreement.
1.3 “Photograph” shall mean a picture, image, depiction or other visual work of authorship being submitted under this Agreement.
2.1 Photograph Submitter grants to Mechanix Wear and its Affiliates a royalty-free, non-exclusive, non-revocable and worldwide license to all intellectual properties (including copyright) subsisting in the Photograph, including economic and moral rights, to reproduce, prepare derivative works of, distribute copies of and display the Photograph.
2.2 To the extent such license does not include rights of attribution and integrity, Photograph Submitter hereby waives such rights to the maximum extent permitted by law.
2.3 Photograph Submitter retains all other rights, title and interest in and to the Photograph.
3.1 The term of this Agreement is from the date of submission of the Photograph to Mechanix Wear until the last to expire of the copyright rights in the Photograph.
4. PHOTOGRAPH SUBMITTER REPRESENTATIONS
4.1 If Photograph Submitter is a company, the person accepting this Agreement warrants that he/she has authority to contract on behalf of and bind the Photograph Submitter. If Photograph Submitter is an individual, Photograph Submitter represents that they are an adult in their jurisdiction and capable of entering into a binding agreement.
4.2 Photograph Submitter represents and warrants that he/she has full rights, power and authority to provide the licenses granted to Mechanix Wear in this Agreement.
4.3 Photograph Submitter represents and warrants that the Photograph does not contain confidential, sensitive, obscene, defamatory or offensive subject matter and that the Photograph has been cleared for public distribution by any necessary governmental authority.
4.4 Photograph Submitter represents and warrants that the Photographic Material does not contain programming code or instruction(s) constructed with the ability to damage, interfere with, or otherwise adversely affect computer programs, data files, or hardware.
5. LIMITATION OF LIABILITY.
5.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MECHANIX WEAR OR ITS AFFILIATES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, REMOTE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFITS AND ATTORNEY’S FEES, ARISING FROM OR CAUSED, DIRECTLY OR INDIRECTLY, BY USE OF THE PHOTOGRAPH OR CAUSED BY THIS AGREEMENT.
5.2 THE FOREGOING LIMITATIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
5.3 IN NO EVENT SHALL THE AGGREGATE LIABILITY THAT MECHANIX WEAR OR ITS AFFILIATES INCUR IN ANY ACTION OR PROCEEDING, EXCEED ONE HUNDRED U.S. DOLLARS (USD $100).
6. GENERAL PROVISIONS.
6.1 THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA, EXCLUDING ITS CONFLICT OF LAW PRINCIPLES. PHOTOGRAPH SUBMITTER AND MECHANIX WEAR AGREE THAT THE SUBJECT MATTER AND PERSONAL JURISDICTION ARE PROPER IN THE COURTS LOCATED IN U.S. DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA.
6.2 Photograph Submitter may not assign or delegate all or any part of Photograph Submitter’s rights or obligations under this Agreement without the prior written consent of Mechanix Wear.
6.3 Articles 1, 5 and 6 shall survive the termination and/or expiration of this Agreement for any reason.
6.4 Any amendment to or modification of this Agreement must be made in writing and signed by an authorized representative of both Photograph Submitter and Mechanix Wear. This Agreement is the complete and final agreement between Photograph Submitter and Mechanix Wear with respect to the subject matter of this Agreement.
6.5 If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
End of Agreement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon MECHANIX WEAR, INC.’S actual knowledge of facts or circumstances from which infringing material or acts are evident. MECHANIX WEAR, INC.’S copyright agent for notice of claims of copyright infringement can be reached as follows:
Name: Legal Department (Copyright)
- Address: 28525 Witherspoon Parkway Valencia, CA 91355
- Telephone: 800.222.4296
- Fax: 661.257.0155
We suggest that you consult your legal advisor before filing a notice with MECHANIX WEAR, INC.’S copyright agent. You should note that there can be penalties for false claims under the DMCA.
MECHANIX WEAR, INC. may, in appropriate circumstances and in its sole discretion, terminate the accounts of users who may be repeat infringers or otherwise prohibit such users from accessing the website.
You agree to indemnify, defend, and hold harmless MECHANIX WEAR, INC., its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from or relating in any way to your use of this website.
THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MECHANIX WEAR, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MECHANIX WEAR, INC. DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MECHANIX WEAR, INC. DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
MECHANIX WEAR, INC. DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MECHANIX WEAR, INC. FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
MECHANIX WEAR, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF MECHANIX WEAR, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
These terms and conditions are applicable to you upon your accessing the website. MECHANIX WEAR, INC. reserves the right in its sole discretion to terminate or restrict your use of the website, without notice, for any or no reason, and without liability to you or any third party. In addition, MECHANIX WEAR, INC. may terminate these terms and conditions, or any part of them, without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Last modified August 28, 2009