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Last Modified: December 10, 2014

TERMS AND CONDITIONS

 

General

This website (the "Website") is owned, operated and distributed by LabelHorde, LLC, an Arizona limited liability company ("LabelHorde"). BY ACCESSING ANY PART OF THE WEBSITE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS DESCRIBED BELOW (THE "TERMS AND CONDITIONS ") AND THE TERMS AND CONDITIONS OF THE LABELHORDE PRIVACY POLICY (THE "POLICY"). IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT USE THE WEBSITE.

 

These Terms and Conditions apply to all users, including both users who are simply viewing the Website and users who are purchasing goods through the Website.

 

You acknowledge that LabelHorde may terminate your account, remove any data or content that you have provided and/or disable your access to the Website, in whole or part, at any time for any reason or no reason, with or without notice and with no liability of any kind. In addition, LabelHorde may modify or remove any service or functionality included in the Website at any time, with or without notice and with no liability of any kind.

 

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LabelHorde without restriction.

 

Use of the Web Site is only available only to individuals who are at least 13 years old. If you are not 13 years old, you are not authorized to use the Website.

 

LabelHorde may, at its sole discretion, modify these Terms and Conditions at any time. By accessing the Website at any time after such modifications, you are agreeing to such modifications.

 

Prohibitions

You must not misuse this Website. Without limiting the breadth of the foregoing, you will not: commit, facilitate or encourage a criminal offence; transmit or distribute a virus, Trojan horse, worm, logic bomb, or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of LABELHORDE, LLC or its partners involved in the operation and maintenance of this Website. You shall not directly or indirectly take any action to unduly stress the Website, including by way of example and not limitation, incurring session lengths or conducting search queries that we reasonably determine to be abusive, launching or facilitating any denial of service attack on the Website, or using any scraper, robot, spider, or other automated mechanism to access the Website or download content. We reserve the right to monitor your use of the Website to provide guidance and assistance in the use of the Website, and to monitor your conformance with these Terms of Service. You acknowledge and hereby consent to such monitoring. Breaching this provision may constitute a criminal offence under the Computer Misuse Act 1990 or other relevant legislation. LABELHORDE, LLC will report any such breach to the relevant law enforcement authorities and may disclose your identity to them.

 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

 

Privacy policy

We respect the privacy of everyone who visits our site. We do not collect personal information about our users without their knowledge and prior consent. No scripts or devices are used for this purpose. In order to use certain features of our website we may ask you to register by entering some personal information. This information is given voluntarily and will be used only as stated in the paragraphs below. This information will not be given, traded or sold to any third party without the user's knowledge and prior consent.

 

The information provided upon registration, with the exception of your e-mail address, will be displayed on your user profile and we reserve the right to use it in other publications produced by LABELHORDE, LLC. By registering, you indicate your acceptance of these conditions. Further information may be provided at the user’s discretion but is not compulsory.

 

We collect some information such as: 1) pages visited; 2) click stream data; and, 3) other browsing information, for administrative purposes and to improve our website and services.

 

Cookies.

This website does use cookies. Cookies identify a user's computer, not the individual user. Most browsers are set to accept cookies by default. You can always set your browser to refuse cookies, but you may not be able to use all the features of our site.

 

Important Disclaimer

LabelHorde offers only the best brand names and highest quality goods, and proudly stands behind the authenticity of its goods. In some instances, these goods may not be obtained directly from the designers but rather may have been purchased from reputable resellers at a discount. In this regard, LabelHorde expressly disclaims any indication that it is an authorized dealer or agent of any of the designers whose goods are offered on this site.

 

Ethical Sourcing Policy

As a reputable and trusted business committed to offering its customers high quality products, LabelHorde recognizes its obligation to ensure that suppliers are operating ethically. We expect our suppliers to consistently provide an environment which protects their employees' health and safety and basic human rights. All suppliers are expected to comply with their national employment laws and regulations with particular regard to:

 

  • Minimum age of employment

  • Freely chosen employment

  • Health and safety

  • Freedom of association and the right to collective bargaining

  • No discrimination

  • No harsh or inhumane treatment

  • Working hours

  • Rates of pay

  • Terms of employment

 

LABELHORDE, LLC will never knowingly source stock from countries which are in breach of the above principles. We also look to our suppliers to instill these principles when dealing with their own supplier base.

 

Because of the sometimes complex nature of our suppliers' supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of our products. However, as LABELHORDE continues to grow it recognizes the importance of being proactive and doing everything within its power to support the rights of those involved in the manufacture of its goods.

 

Transactions on Website

LabelHorde reserves the right to refuse any order placed on the Website, and may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event LabelHorde makes a change to or cancels an order, it will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. LabelHorde reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, or to refuse to service a customer for any reason.

 

All goods purchased from LabelHorde.com are F.O.B. at our fulfillment center. Title to goods passes to you at the time of delivery by the fulfillment center to a common carrier.

 

If a transaction requires a tax to be paid, sales tax will be applied to your LabelHorde.com order in accordance with individual state and local regulations if your shipping address is in one of the following states: Arizona, Ohio and Colorado. Appropriate tax charges will appear on the "Review Order" page during checkout.

 

Product Text Information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. LabelHorde reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order). We reserve the right to correct errors at any time without prior notice (including after your order has been placed). Prices are quoted in U.S Dollars and are valid only in the United States. We reserve the right to change pricing at any time.

 

Product Display and Information

We attempt to display the products featured on our website as accurately as possible. However, we cannot guarantee that your monitor's display of merchandise color, texture or detail will be accurate.

 

User Submissions

Content submitted by users of the Web Site for public view is referred to in these Terms and Conditions as "User Submissions." You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Submissions (and all content included therein), including the right to authorize LabelHorde to use the User Submissions in the manner contemplated by the Web Site and these Terms and Conditions. You further represent and warrant that your User Submissions do not infringe any third party's intellectual property rights, do not invade any third party's privacy, and are not illegal, obscene, threatening, abusive, libelous, slanderous, defamatory, fraudulent , misleading, prejudicial or otherwise injurious to third parties.

 

You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions, you hereby grant LabelHorde an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in any media formats now or hereafter created and through any media channels now or hereafter created. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Web Site and under these Terms and Conditions.

 

LabelHorde does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. LabelHorde reserves the right to remove any User Submissions without prior notice (or to refuse to publish any User Submission) for any reason, and to terminate or refuse a User's access to its Website for any reason.

 

Copyright Infringement Policy

We respect the intellectual property rights of others and expect our users to do the same. We do not permit copyright infringing activities on this website and will, if properly notified, expeditiously remove or disable access to infringing content from this website. We reserve the right to remove or disable access to content without prior notice.

 

Copyright Infringement Notification:

In accordance with the Digital Millennium Copyright Act (DMCA), we will expeditiously respond to notices of alleged infringements that are reported to LABELHORDE, LLC’s Designated Copyright Agent (see Section 512(c)(3) of the DMCA or seek the assistance of counsel).

 

To file a copyright infringement notification with us, you will need to send a written communication that includes the following Notice and deliver it to the Designated Copyright Agent (Please note, the information provided in this Notice may be forwarded to the person who supplied the allegedly infringing content):

 

Notice of Copyright Infringement (Notice)

 

Identify the copyrighted work that you claim has been infringed, or-if multiple copyrighted works are covered by this Notice-you may provide a representative list of the copyrighted works that you claim have been infringed.

 

Identify the material you claim is infringing (the subject of infringing activity) and that access to which is to be disabled, including at a minimum the URL from the website page where such material may be found.

 

Provide information reasonably sufficient to permit us to contact you, or your authorized agent, including a name, address, telephone number and, if available, an email address.

 

Include both of the following statements in the body of the Notice:

 

1) "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

 

2) "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

 

Provide your full legal name and your electronic or physical signature, or a physical or electronic signature of a person authorized to act on your behalf.

 

Deliver this Notice, with all items completed, to our Designated Copyright Agent:

DMCA Complaints

LABELHORDE, LLC

10803 N. 105th Way

Scottsdale, Arizona 85259

LabelHordeFashion@gmail.com

 

Please note that under Section 512(f) of the DMCA any person who knowingly materially misrepresents that material or activity (content) is infringing may be subject to liability for damages.

 

All materials contained on this site are protected by United States copyright law. You may not alter or remove any trademark, service mark, copyright or other notice from copies of the content. By using this site, you acknowledge that LabelHorde.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and LabelHorde owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.

 

LabelHorde and its related marks are trademarks and service marks of LabelHorde, LLC All rights reserved. All other trademarks, service marks, product names, company names and logos appearing on LabelHorde.com are the property of their respective owners.

 

One or more patents may apply to this web site, including without limitation U.S. Patent Nos. 5,528,490, 5,761,649 and 6,029,142.

 

Security Guarantee

Because LabelHorde uses some of the most sophisticated commercially available security software, it is extremely unlikely that any personal information that you transmit to us will be misappropriated. In the rare instance that an unauthorized person obtains your credit card information and uses it, by federal law, you are only liable for the first $50. In any instance where you have discovered or suspect fraud, you need to contact your credit card companies immediately. Because we are so confident in our security measures, we will reimburse you for the $50 not covered by your credit card company. That's our security guarantee. And for you, it means there is no risk when shopping at LabelHorde.

 

Comments, Suggestions and Submissions

Any comments, suggestions, ideas, submissions or other communications submitted or offered to us ("Your Comments") will be and remain the property of LABELHORDE, LLC and its Affiliates. Submission of Your Comments, whether via email, postal mail, or otherwise, will constitute an assignment to LABELHORDE, LLC and its Affiliates of all worldwide rights, title and interest to all intellectual property rights in Your Comments. We will be entitled to use, reproduce, disclose, publish and distribute Your Comments (or any part thereof, in edited or modified form) for any purpose whatsoever, without compensation to you. You agree that: Your Comments will not violate rights of any third party, including but not limited to, copyright, trademark, privacy or other personal or proprietary rights; Your Comments will not contain libelous or otherwise unlawful, abusive or obscene materials; and you will not transmit any computer virus or other malware that could affect operation of our website.

 

Links to Other Web Sites and Services

The Website may contain links to other Web sites that are not under the control of LabelHorde. LabelHorde has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Website’s users.

 

Warranty Disclaimer and Limitation of Liability

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT THE WEB SITE AND ALL CONTENT INCLUDED THEREIN, AND PRODUCTS PURCHASED THEREBY, ARE PROVIDED TO YOU "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, LABELHORDE PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, YOUR USE THEREOF AND THE PRODUCTS PURCHASED THEREBY. LABELHORDE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEB SITE’S CONTENT OR ANY CONTENT ACCESSIBLE VIA THE WEBSITE OR PRODUCTS PURCHASED THEREBY 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 OR USE OF THE WEB SITE OR PRODUCTS PURCHASED THEREBY, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF LABELHORDE; SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE BY ANY THIRD PARTY.

 

IN NO EVENT SHALL LABELHORDE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

Miscellaneous

You agree that the Web Site shall be deemed a passive service based solely based in Arizona and shall not give rise to personal jurisdiction over LabelHorde, either specific or general, in jurisdictions other than Arizona. These Terms and Conditions shall be governed by the internal laws of the State of Arizona, without regard to its conflict of laws principles. Any claim or dispute between you and LabelHorde that arises in whole or in part from the Web Site shall be subject to the exclusive jurisdiction of the federal and State courts located in Phoenix, Arizona. These Terms and Conditions, together with the Privacy Policy and any other legal notices published by LabelHorde on the Web Site, constitute the entire agreement between you and LabelHorde concerning the Web Site. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and LabelHorde's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions shall result in litigation, the prevailing party in the litigation shall be entitled to its attorneys’ fees, costs, and expenses, in addition to any other award of damages.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THESE CONDITIONS OF USE SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE WEB SITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU BE INSTITUTED MORE THAN THREE (3) YEARS AFTER THE CAUSE OF ACTION AROSE.

 

Most communications between LabelHorde and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other electronic communication exchanged between you and LabelHorde shall satisfy any legal requirements that such communications be in writing.

 

 

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