Terms & Conditions (Terms of Use)
Definitions:
For purposes of these Terms of Use "Native Colors Flag Company" means the entity known as Native Colors Flag Company and its principals, directors, officers, employees, agents, contractors, licensors, subsidiaries, consultants and affiliates.
Terms of Use:
These "Terms of Use" set forth the terms and conditions that apply to your use of www.nativecolorsflags.com (the "Web Site"). By using the Web Site, you agree to comply with all of the Terms of Use set forth herein. By accessing, viewing, or using the content, materials or services available on this Web Site, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms you are not granted permission to use this Web Site.
Copyrights and Trademarks:
All materials contained on the Web Site are subject to protection under the copyright, trademark, patent and other applicable laws throughout the United States and the world. Any use, display, reproduction or distribution of any portion of the Web Site (including graphics displayed thereon) is prohibited by law. Under no circumstances will you have any rights to the Web Site, or the copyright or trademarks, other than the right to use the Web Site in accordance with these Terms.
Unauthorized Activities:
You agree that you will not use the Web Site for any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); modifying, adapting or hacking into the Web Site or for modifying another web site so as to falsely imply that it is associated with Native Colors Flag Company or any persons associated with Native Colors Flag Company; uploading, posting, hosting or transmitting unsolicited email, photographs, audio or video recordings, SMSs, "spam" messages, worms or viruses or any code of a destructive nature; contacting any other user of the Web Site, or person associated with Native Colors Flag Company, who has requested not to be contacted; stalking or harassing anyone associated with Native Colors Flag Company; executing damaging actions of a personal nature; attempting to gain unauthorized access to Native Colors Flag Company's computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Web Site or any services provided through the Web Site. Native Colors Flag Company will cooperate with any law enforcement authorities or court order requesting Native Colors Flag Company to disclose the identity of anyone posting any such information or material. You further agree not to modify, distribute, copy, exchange, disseminate, archive, reproduce, transmit, publicly display, publicly perform, publicly broadcast, publicly retransmit, publish by hard copy or electronic means, adapt, edit, compile or create derivative works of the Web Site material, or material of a personal nature, or may not frame, capture, harvest or collect any part of the Web Site without prior written consent.
Links to Third-Party Web Sites:
Native Colors Flag Company may provide hyperlinks to third-party web sites as a convenience to users of the Web Site. Your use of third- party web sites is at your own risk and subject to the terms and conditions of such other web sites. Native Colors Flag Company does not endorse, recommend or approve of any third-party web site hyperlinked from the Web Site. Native Colors Flag Company will have no liability to any person or entity for the content or use of the content available through such hyperlink.
Payment and Delivery:
Native Colors Flag Company may use the services of third parties, including payment processors and similar vendor services. In any event, Native Colors Flag Company expressly disclaims any responsibility for or related to the services provided by any such third party. If for any reason Native Colors Flag Company does not receive payment for a purchase, Native Colors Flag Company may exercise its rights in law and equity, including immediately suspending or terminating your account; seeking collection of the outstanding amount owed; and or seeking legal action against you for the breach of these Terms. You are also responsible for paying any governmental taxes imposed in connection with the use of the Web Site, including applicable sales, use or excise taxes. Prices may vary.
Disclaimer:
Native Colors Flag Company is not responsible for and does not guarantee the accuracy of any Web Site material, links, advertisements or other items contained within the Web Site. Any art files produced by Native Colors Flag Company during the production of custom flags or banners will remain the property of Native Colors Flag Company. Native Colors Flag Company reserves the right to immediately remove or change any Web Site material for any reason or for no reason. Native Colors Flag Company assumes no responsibility and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of or browsing in the Web Site or the downloading of any Web Site material or any other data, text, images, video or audio from the Web Site.
No Representations or Warranties; Limitations on Liability:
Native Colors Flag Company makes no representations or warranties, and disclaims all representations and warranties, with respect to the Web Site, the site materials, the products, services, and other information made available through the Web Site, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, including the implied warranties of merchantability, fitness for a particular purpose, accuracy, non-interference, quality, title and non-infringement. Native Colors Flag Company will not be liable for any cost or damages arising either directly or indirectly from any such transaction. The Web Site is provided on an "as is" basis.
No Liability:
Native Colors Flag Company and its consultants and licensors shall not be liable for any direct, indirect, incidental, consequential or punitive damages whatsoever including lost revenues or lost profits, which may or do result from the use of, or inability to use the Web Site, the products, services, information and other materials on and in and made available through the Web Site, regardless of legal theory, whether or not you or Native Colors Flag Company had been advised of the possibility or probability of such damages. If you are dissatisfied with the Web Site, or with any of these Terms, or feel Native Colors Flag Company has breached these Terms, your sole and exclusive remedy is to stop using the Web Site.
Indemnification:
You shall indemnify Native Colors Flag Company and its principals, officers, employees, contractors and licensors ("Native Colors Flag Company Indemnitees") against all claims, suits and other proceedings ("Claims") arising out of or incurred in connection with the Web Site or products obtained through the Web Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Web Site, and other materials on, in and made available through the Web Site (except to the extent attributable to Native Colors Flag Company), or any breach by you of these Terms and shall indemnify and hold Native Colors Flag Company Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees and attorneys' disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior consent of Native Colors Flag Company. Native Colors Flag Company may assume the defense of any Claim, at your sole cost and expense.
Internet Security:
You understand that the technical processing and transmission of any Web Site content may be transferred unencrypted and involve transmissions over various networks; and changed to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from the Web Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to Native colors Flag Company via the Web Site or the Internet, including personal information such as your name, address, email address or credit card information.
Privacy Statement:
Please be advised that the confidentiality of any communication or material transmitted to Native Colors Flag Company via the Web Site, or email, is of utmost importance yet cannot be guaranteed including personal information such as your name, address, email address or credit card information. Alternatively, you may contact Native Colors Flag Company by regular mail at P.O. Box 2171, Haddonfield, NJ 08033 or by telephone at 1-856-425-2907.
Changes to These Terms of Use:
Native Colors Flag Company reserves the right at any time to modify or change these Terms of Use by posting new Terms of Use at this location. Native Colors Flag Company reserves the right to terminate your access to this Site with or without notice in the event that you violate these Terms, or for any other reason whatsoever or for no reason.
Miscellaneous:
The Web Site is controlled and operated from within the United States. Native Colors Flag Company makes no representation that the Web Site, site materials, products, services, and other linked information is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Web Site from other locations do so on their own volition and are responsible for compliance with applicable laws.
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