Terms & Conditions
December 12, 2022
to the Sacred Heart School Spirit Wear
website, sacredheartschoolspiritwear.org (the
"Sacred Heart School Spirit Wear
website"), owned and operated by Sacred Heart School. Except as otherwise
noted herein, these terms and conditions (the "Terms") govern your
use of the Sacred Heart School Spirit Wear
Website and Sacred Heart School Spirit Wear services,
Artwork is used for illustration only. Due to the differences in computer screen resolutions, color palette differences, printer settings, and inconsistency in ink, the colors in the online image may not match exactly the color on the final product.
ACCEPTANCE OF TERMS
read the following terms and conditions of use, including an Arbitration
Agreement, because your use of the Site constitutes your agreement to follow
and be bound by these Terms. If you do not agree to these Terms, you should not
access or use the Site. Sacred Heart School Spirit Wear reserves
the right to make changes to the Site and to these Terms from time to time.
When we make changes, we will post them here. For this reason, we encourage you
to review these Terms whenever you use our Site because by visiting the Site,
you agree to accept any such changes. Sacred Heart School Spirit Wear provides
you with access to and use of the Site subject to your compliance with the
material from the Site may be copied, reproduced, republished, uploaded,
posted, transmitted, or distributed in any way, except as specifically
permitted on the Site. You also may not, without Sacred
Heart School Spirit Wear's written permission, "mirror"
any material contained on this Site or any other server. The Site, including
all of its information and content, such as text, data, wallpaper, icons,
characters, artwork, images, photographs, graphics, music, sound, messages,
software and the HTML used to generate the pages (collectively, "Materials
and Content"), is the sole intellectual property of Sacred Heart School Spirit Wear.
Except as otherwise provided on the site or in these Terms, you may not use,
download, upload, copy, print, display, perform, reproduce, publish, modify,
delete, add to, license, post, transmit or distribute any Materials and Content
from this Site in whole or in part, for any public or commercial purpose
without the specific prior written permission of Sacred
Heart School Spirit Wear.
grant you a limited, nonexclusive, nontransferable license to access the Site
and to use the information and services contained here solely as described
below. We reserve the right, for any reason or for no reason, in our sole
discretion and without notice to you, to revise the products and services
described on the Site and to terminate, change, suspend or discontinue any
aspect of the Site, including, but not limited to, the Materials and Content on
the Site as well as features and/or hours of availability of the Site, and we
will not be liable to you or to any third party for doing so. We may also
impose rules for and limits on use of the Site or restrict your access to part,
or all, of the Site without notice or penalty. We have the right to change
these rules and/or limitations at any time, in our sole discretion.
The Site may be used only for lawful purposes and is available only for your use which shall be limited to viewing the Site, purchasing products, providing information to the Site and downloading product information. Any permission granted herein terminates automatically without further notice if you breach any of the Terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.
You are responsible for your own communications, including the transmission, posting, and uploading of information, and are responsible for the consequences of such communications to the Site. Sacred Heart School Spirit Wear specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
- Posting any information
which is incomplete, false, inaccurate, or not your own
- Engaging in conduct that
would constitute a criminal offense, giving rise to civil liability or
otherwise violate any city, state, national or international law or regulation,
or that would fail to comply with accepted Internet protocol
- Communicating, transmitting,
or posting material that is copyrighted or otherwise owned by a third party
unless you are the copyright owner or have the permission of the owner to post
- Communicating, transmitting,
or posting material that reveals trade secrets, unless you own them or have the
permission of the owner
- Communicating, transmitting,
or posting material that infringes on any other intellectual property, privacy,
or publicity right of another
- Communicating, transmitting,
or transferring (by any means) information or software derived from the site to
foreign countries or certain foreign nations in violation of any applicable
export control laws
- Attempting to interfere
in any way with the Site's or Sacred Heart School Spirit Wear's networks or
network security, or attempting to use the Site's service to gain unauthorized
access to any other computer system
- Communicating, transmitting,
or posting material that is in violation of applicable laws or regulations
- Using the Site to harass,
disrupt, or unlawfully interfere with Sacred Heart School Spirit Wear business
Violations of system or network security may result in civil or criminal liability. Sacred Heart School Spirit Wear investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
- Accessing data not intended for you or logging on to a Sacred
Heart School Spirit Wear server or account that you are not authorized to
- Attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without proper
authorization (or succeeding in such an attempt)
- Attempting to interfere or interfering with the operation of our
Site, our provision of services to any other visitors to our Site and our
hosting provider or our network, including, without limitation, via means of
submitting a virus to the Site, overloading, "flooding," "email
bombing" or "crashing" the Site
- Forging any TCP/IP packet header or any part of the header
information in any email or transmission or posting to our Site
PRODUCT AND PRICING INFORMATION
Although Sacred Heart School Spirit Wear has made every effort to display our products and their colors, textures and appearance as accurately as possible, the displayed attributes of the products depend upon the device display settings of the user, and Sacred Heart School Spirit Wear cannot guarantee that the user's device will accurately portray the actual attributes of the products. Products displayed may be out of stock or discontinued, and prices are subject to change. Sacred Heart School Spirit Wear is not responsible for typographical errors regarding price or any other matter.
As between you and Sacred Heart School Spirit Wear (or any other company whose marks appear on the Site), Sacred Heart School Spirit Wear (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The Sacred Heart School Spirit Wear logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "Sacred Heart School Spirit Wear Intellectual Property") are owned by Sacred Heart School Spirit Wear and may be registered in the United States and internationally. You agree not to display or use Sacred Heart School Spirit Wear’s Intellectual Property in any manner without Sacred Heart School Spirit Wear's prior permission. Nothing on the Site should be construed to grant any license or right to use any Sacred Heart School Spirit Wear Intellectual Property without the prior written consent of Sacred Heart School Spirit Wear. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute, or create derivative works of such Materials and Content, features or materials, in whole or in part. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by Sacred Heart School Spirit Wear. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.
USER CONTENT AND MATERIAL
We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you (i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, and Pinterest, which are tagged with #SacredHeartSchoolSpiritWear or any other Sacred Heart School Spirit Wear promoted hashtag (collectively "User Content") shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to Sacred Heart School Spirit Wear and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. Sacred Heart School Spirit Wear will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products that incorporate or otherwise rely upon such information. Sacred Heart School Spirit Wear shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. Sacred Heart School Spirit Wear retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.
By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by Sacred Heart School Spirit Wear, you will furnish Sacred Heart School Spirit Wear any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content, and you hereby agree to indemnify and hold Sacred Heart School Spirit Wear and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Sacred Heart School Spirit Wear does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge Sacred Heart School Spirit Wear and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by Sacred Heart School Spirit Wear or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, "moral rights," or rights of attribution and integrity. You acknowledge and agree that Sacred Heart School Spirit Wear has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. Sacred Heart School Spirit Wear acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If Sacred Heart School Spirit Wear becomes aware of any User Content that allegedly may not conform to these Terms, Sacred Heart School Spirit Wear may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Sacred Heart School Spirit Wear has no liability or responsibility to Users for performance or nonperformance of such activities.
Sacred Heart School Spirit Wear has the absolute right to remove and/or delete without notice any user content within its control that it deems objectionable. You consent to such removal and/or deletion and waive any claim against Sacred Heart School Spirit Wear for such removal and/or deletion. Sacred Heart School Spirit Wear is not responsible or liable for failure to store posted content or other materials you transmit through the site. You should take measures to preserve copies of any data, material, content, or information you post on the site or any other sites or platforms.
Sacred Heart School Spirit Wear respects the intellectual property of others, and we ask our users and visitors to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Sacred Heart School Spirit Wear with the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512 ("DMCA"). Please be advised that to be effective, the Notice must include ALL of the following:
- a physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyright work claimed to have been
infringed, or, if multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such works at that
- identification of the material that is claimed to be infringing
or to be the subject of infringing activity and information reasonably
sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact the
- a statement that the complaining party has a good-faith belief
that use of the material in the manner complained of is not authorized by the
copyright owner, its agent or the law and a statement that the information in
the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
Notices of claimed copyright infringement and counter-notices should be directed to:
Sacred Heart School Spirit Wear
250 High Street
Mt Holly, NJ 08060
By email: SacredHeartSchoolSpiritWear@gmail.com
(For both mail and email notices, please include "Notice of
Infringement" in the subject line.)
Upon receipt of notices complying with the DMCA, Sacred Heart School Spirit Wear will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. We may give you notice that we have removed or disabled access to certain content or material. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- your physical or electronic signature;
- identification of the material that has been removed or to which
access has been disabled, and the location at which the material appeared
before it was removed or access to it was disabled;
- statement from you under the penalty of perjury that you have a
good-faith belief that the material was removed or disabled as a result of a
mistake or misidentification of the material to be removed or disabled; and
- your name, physical address and telephone number, and a
statement that you consent to the jurisdiction of a U.S. Federal District Court
for the judicial district in which your physical address is located, or if your
physical address is outside of the United States, for any judicial district in
which Sacred Heart School Spirit Wear may be found, and that you will accept
service of process from the person who provided notification of allegedly
infringing material or an agent of such person.
DISCLAIMERS AND LIMITATION OF LIABILITY
Sacred Heart School Spirit Wear publishes information on its Site as a convenience to its visitors. While Sacred Heart School Spirit Wear attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The Sacred Heart School Spirit Wear products described on the Site may not be available. Sacred Heart School Spirit Wear does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on its Site will be available for purchase in all jurisdictions. Sacred Heart School Spirit Wear is not responsible for any potential reactions, allergic or otherwise, that you experience when purchasing our products. Our products comply with all required federal and local regulations as to fabric content. If you have questions about particular fabrics and potential allergies, we suggest you consult with your physician before making a purchase via this Website.
You assume all responsibility and risk with respect to your use of the Site, which is provided "AS IS." Sacred Heart School Spirit Wear disclaims all warranties, conditions, representations and endorsements of any kind, either express or implied, with regard to information accessed from or via the site, including, without limitation, all content and materials, functions and services provided on the site, which are provided without warranty of any kind, including, but not limited to, any warranties concerning the availability, accuracy, completeness, usefulness or content of information, uninterrupted access and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. Sacred Heart School Spirit Wear does not warrant that the site or its function or the content and materials or the services made available thereby will be timely, secure, uninterrupted or error-free, or that defects will be corrected. Sacred Heart School Spirit Wear makes no warranty that the site will meet users' expectations or requirements. No advice, results or information, or materials whether oral or written, obtained by you through the site shall create any warranty not expressly made herein. If you are dissatisfied with the site, your sole remedy is to discontinue using the site. Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and you will be solely responsible for any damage that results from the download of any such material.
Sacred Heart School Spirit Wear makes no warranties of any kind regarding any non- Sacred Heart School Spirit Wear sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Sacred Heart School Spirit Wear makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non- Sacred Heart School Spirit Wear sites. Sacred Heart School Spirit Wear does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
In no event shall Sacred Heart School Spirit Wear, its affiliates or any of their respective directors, officers, employees, agents or content or service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from or in any way related to the use of, or the inability to use, or the performance of the site or the content and materials or functionality on or accessed through the site, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales or any other type of damage, tangible or intangible in nature, even if Sacred Heart School Spirit Wear or its representative or such individual has been advised of the possibility of such damages.
Some jurisdictions do not allow this limitation or exclusion of liability, so some of the above limitations may not apply to you.
You agree to defend, indemnify and hold Sacred Heart School Spirit Wear, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.
These Terms shall be governed by, construed, and enforced in accordance with the laws of the State of New Jersey, without giving effect to any conflict of law provisions, except to the extent governed by federal law.
You may not assign the Terms or any of your rights or obligations under the Terms without Sacred Heart School Spirit Wear's express written consent. The Terms inure to the benefit of Sacred Heart School Spirit Wear's successors, assigns, affiliates, and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect. To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please refer to our "Contact" page of this website.