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MENTAL HEALTH A-WEAR-NESS TERMS OF USE

Hello! Welcome to Mental Health A-WEAR-ness Terms of Use. Please read this carefully before using our website and services. This is a contract between you and the Mental Health A-WEAR-ness Campaign.

1. YOUR ACCEPTANCE

By using and/or visiting the the Mental Health A-WEAR-ness Campaign website or any other website owned by the Mental Health A-WEAR-ness Campaign (as defined below), or any successor website of the foregoing (collectively the "Website"), you ("You") acknowledge that You have read, understood and agree to these Terms of Use.

These Terms of Use constitute a binding agreement between You and the Mental Health A-WEAR-ness Campaign and its parents, subsidiaries, affiliates, successors, and assigns (collectively "the Mental Health A-WEAR-ness Campaign"). You are authorized only to use the Website if You agree to abide by these Terms of Use and all applicable laws. Please read these Terms of Use carefully. If You do not agree to these Terms of Use, please do not use or visit the Website.

2. GRANT OF RIGHTS

the Mental Health A-WEAR-ness Campaign hereby grants You permission to use the Website as set forth in these Terms of Use, provided that: (i) You will not copy or distribute any part of the Website in any medium without the Mental Health A-WEAR-ness Campaign’s prior written authorization; (ii) You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iii) You will otherwise comply with the terms and conditions of these Terms of Use.

3. LINKED WEBSITES

The Website may contain links to third party websites that are not owned or controlled by the Mental Health A-WEAR-ness Campaign ("Linked Websites"). Those links are provided for convenience only and may not remain current or be maintained. The Mental Health A-WEAR-ness Campaign does not screen Linked Websites and has no control over, and assumes no responsibility for, the content, quality, suitability, functionality, legality, privacy policies, or practices of any Linked Websites. You acknowledge and agree that the Mental Health A-WEAR-ness Campaign is not responsible for the content or privacy practices associated with Linked Websites and it is your responsibility to review those policies before accessing those sites. If you access a Linked Website, you do so at your own risk. By using the Website, You specifically release the Mental Health A-WEAR-ness Campaign from any and all liability arising from Your access or use of any Linked Website, Your correspondence or dealings with other users, advertisers, partners, or other third parties found on or through the Linked Websites, and/or Your participation in promotions, sweepstakes, campaigns, or any other venture hosted, endorsed, or sponsored by other users, advertisers, partners, or other third-party parties outside the Website.

4. LICENSE AND USE OF ARTWORK

By uploading Artwork to the Website, You agree that the Mental Health A-WEAR-ness Campaign may: (i) display your Artwork on the Website and in magazines, television shows, movies, on the Internet, and other media; (ii) sell Your Artwork; and (iii) make modifications to your Artwork as necessary to prepare your Artwork for use in a particular product category or for other manufacturing purposes. In addition, you represent that the Mental Health A-WEAR-ness Campaign may legally make and sell merchandise incorporating Your Artwork without being obligated to make any payments to, or obtain any permission from, any third party.

5. IMPROPER USE OF WEBSITE

You may not, in connection with the Website:

  • Upload, post, email or otherwise transmit any material that is libelous, invasive of another’s privacy, defamatory, pornographic, sexually explicit, unlawful or plagiarized;

  • Upload, post, email or otherwise transmit any material that infringes or violates any patent, copyright, trademark, trade secret or other proprietary rights of any person;

  • Upload, post, email or otherwise transmit any material that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, or racially or ethnically offensive;

  • Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation;

  • Upload, post, email, or otherwise transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality or any computer software or hardware or telecommunications equipment;

  • Circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or any content on the Website;

  • Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity;

  • Intentionally or unintentionally violate or encourage others to violate any applicable law, statute, ordinance or regulation;

  • Provide false or deceptive information;

  • Solicit personal information from anyone under 18;

  • Breach a duty of confidentiality by which You are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  • Remove or alter any copyright or other proprietary notices on or in connection with any content on the Website.

  • Use or launch any automated system or technological devices or programs that access the Website in a manner that sends more request messages to the the Mental Health A-WEAR-ness Campaign servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; and

  • Access, monitor or copy any content or information from the Website using any robot, spider, scraper or other automated means or any manual process for any purpose. Notwithstanding the foregoing, the Mental Health A-WEAR-ness Campaign grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Mental Health A-WEAR-ness Campaign reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.

6. MODIFICATIONS TO THE WEBSITE

The Mental Health A-WEAR-ness Campaign reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof), with or without notice, and to block You or anyone else from the Website, at any time in its sole discretion, provided, however, that the Mental Health A-WEAR-ness Campaign has no obligation to update, store, maintain or correct any information on the Website. the Mental Health A-WEAR-ness Campaign shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website.

7. WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MENTAL HEALTH A-WEAR-NESS CAMPAIGN, AND ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF THE MENTAL HEALTH A-WEAR-NESS CAMPAIGN, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE MENTAL HEALTH A-WEAR-NESS CAMPAIGN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR OTHER MATERIAL OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR OTHER MATERIAL POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE MENTAL HEALTH A-WEAR-NESS CAMPAIGN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND THE MENTAL HEALTH A-WEAR-NESS CAMPAIGN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE MENTAL HEALTH A-WEAR-NESS CAMPAIGN SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

8. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE MENTAL HEALTH A-WEAR-NESS CAMPAIGN, OR ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF THE MENTAL HEALTH A-WEAR-NESS CAMPAIGN, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, OR OTHER MATERIAL POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Website is controlled and offered by the Mental Health A-WEAR-ness Campaign from its facilities in the United States of America. The Mental Health A-WEAR-ness Campaign makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

9. INDEMNITY

You agree to defend, indemnify and hold harmless the Mental Health A-WEAR-ness Campaign, and any director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of the Mental Health A-WEAR-ness Campaign, from and against any and all alleged claims, claims, damages, obligations, losses, liabilities, fines, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) Your use of and access to the Website; (ii) Your violation of any term of these Terms of Use; (iii) Your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right; or (iv) any alleged claim,or claim, is causing, or will cause damage to a third party, as a result of infringement or otherwise. This defense and indemnification obligation will survive these Terms of Use and Your use of the Website.

10. ABILITY TO ACCEPT TERMS OF USE

You affirm that You are either over 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. 

11. SPECIAL PROVISIONS FOR USERS LOCATED OUTSIDE OF THE UNITED STATES

The Mental Health A-WEAR-ness Campaign is a global community. Our servers and operations are, however, located in the United States, and our policies and procedures are based on United States law. As such, the following provisions apply specifically to users of the Website that are located outside of the United States: (i) You consent to the transfer, storage, and processing of your information, including but not limited to any personal information, to and in the United States and/or other countries; and (ii) if you are using the Website from a country sanctioned or embargoed by the United States, or are on the United States Treasury Department's list of "Specially Designated Nationals," you agree that you will not engage in financial transactions, or conduct any commercial activities using or through the Website.

12. ASSIGNMENT

These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by You, but may be assigned, transferred, delegated, and sublicensed by the Mental Health A-WEAR-ness Campaign without restriction.

13. CONTESTS

Contests made available through the Website may be governed by specific rules that are separate from these Terms of Use. By participating in any such contest, You will become subject to those rules, which may vary from the terms and conditions in these Terms of Use. We ask You to please review any specific rules applicable to a particular contest. To the extent that the terms and conditions of such rules conflict with these Terms of Use, the terms and conditions of such contest shall control, but only to that contest.

14. GENERAL, AMENDMENTS

In the event any provision contained in these Terms of Use is determined to be invalid, illegal or otherwise unenforceable in any respect for any reason, the validity, legality and enforceability of the provision in every other respect and the remaining provisions of these Terms of Use will not be in any way impaired and shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the Mental Health A-WEAR-ness Campaign’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

The Mental Health A-WEAR-ness Campaign reserves the right, at any time, in its sole discretion, and without prior notice, to change these Terms of Use, including the Additional Policies, in whole or in part, which shall take effect upon posting to the Website. You are responsible for reviewing and complying with the Terms of Use in effect at the time you use the Website. It is Your responsibility to review these Terms of Use for any changes. You acknowledge that you will be bound by the revised Terms of Use as of their effective date set forth therein and your continued use of the Mental Health A-WEAR-ness Campaign Website constitutes acceptance of them.

These Terms of Use, including, without limitation, the Additional Policies, which are incorporated herein by reference, set forth the entire understanding and agreement between you and the Mental Health A-WEAR-ness Campaign with respect to the subject matter hereof.

15. VIOLATIONS OF THESE TERMS OF USE

Please report any violation of the Terms of Use, to mental.health.hoodie@gmail.com. Please state the reasons for Your concern and provide a link to the material or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, the Mental Health A-WEAR-ness Campaign in its sole discretion may investigate the matter and take such action as the Mental Health A-WEAR-ness Campaign determines to be appropriate.

These Terms of Use were last revised in February 2021.

Terms of Use: Text
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