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Thank you for visiting Onefaceonerace.com. The following Terms of Service (TOS) contain the terms and conditions that govern your use of the website www.One Face One Race.com (the Web Site). These TOS set forth the agreement between you and One Face One Race, (Collectively the "Parties") concerning the respective rights and responsibilities of the Parties arising from your use of the Web Site and Services. Your use of the Web Site constitutes your acceptance of these TOS. You may not use the Web Site until you review and agree to these TOS. Reference to One Face One Race and onefaceonerace.com in these TOS infer applicability to One face One Race and vise versa. Onefaceonerace.com offers merchandise services through the Web Site (the "Services"). Such services include but are not limited to retail purchase of pre-printed merchandise. Onefaceonerace.com reserves the right to add or delete any of its product offerings at any time. If additional services are offered, Onefaceonerace.com may in its sole discretion adopt additional rules, regulations or terms of service concerning the additional services. Onefaceonerace.com grants you a personal, non-transferable, limited, revocable license to access and use the Web Site and the Services for their intended purposes only, subject to your compliance with these TOS. You may not collect or otherwise use information contained on the Web Site for any purpose which is not directly related to your use of the Web Site or Services, including, but not limited to any Prohibited Purpose as determined by Onefaceonerace.com. Examples of "Prohibited Purposes" as used in this Section include but are not limited to the creation of unauthorized derivative works based on the Web Site, making copies of the website for purposes other than standard web browser caching, or use of the information for the purpose of competing with Onefaceonerace.com. Any use of the Services or the Web Site that violates the TOS or the limited license contained herein, may result in the immediate, without prior notice, termination and revocation of the license granted to you. Under the limited license granted in Section 2 above, you may only use the Services as expressly permitted by Onefaceonerace.com. Prohibited uses include, but are not limited to the following: In the course of offering the Services and operating the Web Site, Onefaceonerace.com collects certain personal and non-personal information from you. By entering into these TOS, you agree to Onefaceonerace.com's collection, use and disclosure of your personal information in accordance with the Onefaceonerace.com Privacy Policy, which is hereby incorporated by reference. You will indemnify and hold Onefaceonerace.com (One Face One Race) and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Indemnified Parties") harmless from any damage, loss, or expense, including without limitation, attorneys' fees and costs, incurred in connection with any third-party claim, demand or action (a "Claim") brought against any of the Indemnified Parties alleging that you have breached any of these TOS through any act or omission. If you are required to indemnify Onefaceonerace.com under this Section, Onefaceonerace.com will have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Onefaceonerace.com's prior express written consent. The Web site contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by One Face One Race of the contents of such third-party web sites. One Face One Race is not responsible for the content of any third-party web site, nor does it make any representation or warranty of any kind regarding any third-party web site including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party web site; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party web sites; or (iii) any representation or warranty that the operation of the third-party web sites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components. While One Face One Race encourages links to the Web site, it does not wish to be linked to or from any third-party web site which (i) contains, posts or transmits any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of One Face One Race or which contains, posts or transmits any material or information of any kind which promotes racism, discrimination, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. One Face One Race reserves the right to prohibit or refuse to accept any link to the Web site, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Web site upon the request of onefaceonerace.com. All materials displayed or otherwise accessible through the Web site, including, without limitation, news articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, the Content) are protected under Australian and foreign copyright or other laws, and are owned by One Face One Race, its licensors or the party accredited as the provider of the Content. In addition, the Web site is protected under copyright law as a collective work and/or compilation pursuant to Australian and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the Web site. ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE WEBSITE OR OF ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF One Face One Race LTD. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL ONE FACE ONE RACE ORGANISATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF ONE FACE ONE RACE LTD KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ONE FACE ONE RACE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE HUNDRED AUSTRALIAN DOLLARS (AUS$100) EVEN IF ONE FACE ONE RACE LTD HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEB SITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEB SITE LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK. The Web site may allow you to purchase many different types of products and services online that are provided by One Face One Race (the Wares and Services). When ordering Wares and Services on the Web site, you will be transferred to printfection.com to complete the secured transaction. You must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address, as well as any other information requested. You acknowledge and agree that the price of the Wares and Services is subject to change without notice and that the Wares and Services are subject to availability. The sale of the Wares and Services is void where prohibited by law. One Face One Race, in its sole discretion, shall have the right, at any time after receipt of your order, to decline your order for any reason. In the event that the Wares and Services are listed at an incorrect price, due to a typographical error or an error in pricing information, One Face One Race, in its sole discretion, shall have the right at any time after receipt of your order, to decline your order. The Web site may allow you to purchase many different types of products and services online that are provided by third parties (the Third-Party Merchandise). One Face One Race is not responsible for the legality, quality, accuracy, timeliness, reliability or any other aspect of any Third-Party Merchandise. If you make a purchase from a third-party web hosted by the Web site or linked from the Web site, the information obtained during your visit to any third-party web site and the information that you give, such as your credit card number and contact information, is collected by the third-party web site and not by One Face One Race. One Face One Race does not endorse the character or actions of any person who submits their photo and details to onefaceonerace.com. We cannot be held liable in any way for any distress, trauma, pain or suffering caused in relation to the actions, circumstances, beliefs ect of any person who submits their photo and details to onefaceonerace.com This also applies in the case where the photo and details of a person have been submitted outside the terms and conditions of use herein. You release One Face One Race and its officers, directors, employees, agents and their respective successors and assigns from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of the Wares and Services or Third-Party Merchandise made available on the Web site or by third-party web sites through the Web site. One Face One Race may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Web site, (or any portion thereof). One Face One Race may also terminate your right to access and use the Web site, or any part of the Web site, if you breach any term or condition of this Agreement. Trademarks of One Face One Race, Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Web site may constitute registered or unregistered trademarks of One face One Race or third parties. While certain trademarks of third parties may be used by One Face One Race under license, the display of third-party trademarks on the Web site should not be taken to imply any relationship or license between One Face One Race and the owner of said trademark or to imply that One Face One Race endorses the wares, services or business of the owner of said trademark. Nothing contained on the Web site should be construed as granting you any license or right to use any trademark logo or design of One Face One Race or any third party, without the written permission of One Face One Race or the respective owner of any third-party trademark. The Web site may provide features that allow you to post messages and content, to interact with One Face One Race. When using any of the features of the Web site which allow you to post, upload or make Submissions, it is a condition of your use of the Web site that you observe the rules of netiquette and that you do not: By posting or uploading Submissions to the Web site, you grant One Face One Race a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to: One Face One Race may review Submissions before they are posted. One Face One Race may refuse to post any Submission to the Web site. One Face One Race reserves the right, in its sole discretion, to edit or remove any Submission, whether or not the Submission is in violation of the provisions hereof or otherwise objectionable. You acknowledge and agree that One Face One Race may, in its sole discretion, monitor the Web site periodically and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the Web site properly or to protect itself or other users of the Web site. Any such disclosure shall be in accordance with One Face One Race Privacy Policy. One Face One Race is not responsible for the content of any Submission. Submissions represent the views and opinions of the person(s) posting the Submission and do not represent the views or opinions of One Face One Race. While One Face One Race is under no obligation to investigate any complaint regarding any Submission, it may, in its sole discretion, investigate complaints and take any actions it deems appropriate in the circumstances, including, without limitation, removing the offending communication from the Web site and terminating the submitting party's right to access and use the Web site. You will not bring a claim and hereby forever waive any and all claims against Onefaceonerace.com based on "droit moral", moral rights, or any other legal or equitable theory from Onefaceonerace.com's use of the Submitted Information. Any and all disputes arising out of, relating to or connected with these TOS or your use of any part of the Services or the Website will be exclusively resolved under confidential binding arbitration held in Dublin, Ireland before and in accordance with the Rules of the Irish Arbitration Association, by a sole arbitrator applying Irish law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOS will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought in a federal or state court located in the City of Dublin, Ireland. Each party hereby irrevocably submits to the personal jurisdiction of the State courts in the City of Dublin, Ireland. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these TOS or your use of any part of the Services or the Web Site must be asserted individually. Notwithstanding anything to the contrary in this Section, Onefaceonerace.com may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction. If there is a dispute between users on this site or third parties, One Face One Race is under no obligation to become involved. In the event that You have a dispute with one or more Users or a third-party, You hereby release One face One Race in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service or product. These TOS, and any other Agreement incorporated by reference in these TOS shall be governed by laws of Ireland, without regard to its conflicts of laws principals. The TOS will be binding upon each party hereto and its successors and permitted assigns. These TOS cannot be assignable or transferable by you without the prior written consent of Onefaceonerace.com. These TOS, all of the policies and other Agreements mentioned in this TOS, which are each hereby incorporated herein by reference, contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Onefaceonerace.com are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect. By your use of the Services or Web Site, you consent and agree that any questions, comments, suggestions, ideas, or any other information whether submitted via e-mail, telephone, mail, Fax, contest submission, or appearing on any message board or chat group, excluding any User Supplied Content as defined herein ( collectively "Submitted Information"), you hereby grant Onefaceonerace.com permission to use such Submitted Information for marketing and other promotional purposes without any payment to you, including the right to sublicense. Furthermore you agree that Onefaceonerace.com will have no obligation to keep any Submitted Information confidential. In order to use the Services, you must be of sufficient age that you can lawfully enter into and form contracts under applicable law (generally 18 years of age). If you are under the age of 18, but at least 13 years of age, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The Services are not intended for and may not be used by children under the age of 13. Onefaceonerace.com reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Web Site. If Onefaceonerace.com determines, in its sole and absolute discretion, that you or another Onefaceonerace.com user will breach a term or condition of these TOS or that such transaction or communication is inappropriate, Onefaceonerace.com may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party. Onefaceonerace.com reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the Onefaceonerace.com Web Site. For certain changes to the TOS, Onefaceonerace.com, may at its option, notify you by email at the email address in our then current records. If any modification is unacceptable to you, your only recourse is to discontinue the use of our Web Site and Services. Your continued use of the Onefaceonerace.com Web Site following the posting of a change notice or new TOS on the Web Site will constitute affirmative and binding acceptance by you of the changes. Onefaceonerace.com uses printfection.com and, in its absolute discretion may use other third parties to provide certain Services. These third party independent contractors and vendors are not related to Onefaceonerace.com and Onefaceonerace.com does not exercise any control or supervision over such contractors and vendors or the services that they provide. You agree that Onefaceonerace.com will not be liable to you in any way for the use of such third party services. These third parties may have their own terms of use and other policies which govern their services. By utilizing these services you agree to comply with such terms and policies. In the event of a conflict between Onefaceonerace.com's and a third party's TOS, rules or policies, Onefaceonerace.com's TOS, rules, or policies shall govern. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to herein, and all applicable laws, regulations and rules when you use the Services and the Web Site.
20. Customs You may be subject to import taxes, surcharges, and duties which are levied once a shipment reaches your country. Any additional charges for customs clearance must be paid by you as we have no control over these charges and cannot predict what they may be. When ordering from Printfection.com you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. We know that you value your privacy and care about how information about your order is used and shared. We would like our international customers and customers shipping products internationally to be aware that cross-border shipments are subject to opening and inspection by customs authorities. If the order is a gift, the cost of your order is still stated on the customs form. We are required by law to state the value of the gift item(s) directly on the package. 21. Photo submissions One Face One Race cannot guarantee the authenticity of every profile photo submitted with name and year of birth. One Face One relies on the integrity of its users and customers. One Face One Race cannot be held liable for any damages, suffering, or psychological illness relating to the profile photo and details on your One Face One Race product. By purchasing a One Face One Race product you are deemed to be aware that the randomly selected profile of the person on your product can be of any race, age, gender, religion, nationality, appearance or character. It is not possible to screen the character of any profile submission. You will not bring a claim and herby forever waive any and all claims against Onefaceonerace.com, employees, representatives, agents, affiliates, directors, managers and shareholders based on "droit moral", moral rights, or any other legal or equitable theory from Onefaceonerace.com's use of the Submitted Information.
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