Ugly Christmas Sweaters for Sale - My Ugly Christmas Sweater

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Affiliate Links

MyUglyChristmasSweater.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com, endless.com, smallparts.com and/or myhabit.com.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Anne Marie Blackman/My Ugly Christmas Sweater, Inc. The collective work includes works that are licensed to My Ugly Christmas Sweater, Inc. Copyright 2010, My Ugly Christmas Sweater, Inc.  ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with My Ugly Christmas Sweater, Inc.  or purchasing My Ugly Christmas Sweater, Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with My Ugly Christmas Sweater, Inc. or to purchase My Ugly Christmas Sweater, Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by My Ugly Christmas Sweater, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of My Ugly Christmas Sweater, Inc. used in the site are trademarks or registered trademarks of My Ugly Christmas Sweater, Inc.

“Wacky Santa” is a registered copyright work and solely owned by Anne Marie Blackman.

My Ugly Christmas Sweater  - Mark (“My Ugly Christmas Sweater”) has been accorded registered Trademark status.  

Delivery
We assume no responsibility or liability and will not accept returns or chargebacks for loss or damage due to delay or inability to delivery, whether or not such loss or damage was made know to us, including, but not limited to, liability for non-performance due to acts of God, war, labor difficulties, accidents, inability to obtain materials, delays of carriers, contractors or suppliers or any other cause of any kind whatsoever beyond our control.  Under no circumstances shall we be liable for any special, consequential, incidental indirect, or liquidated damages, losses, or expense (whether or not based on negligence) arising directly or indirectly from delays or failure to give notice of delay.  


Warranty Disclaimer
The information from or through the Site is provided “AS IS,” “AS AVAILABLE,” and all warranties express or implied, are disclaimed (including, but not limited to, the disclaimer of any implied warranties of merchantability and fitness for a particular purpose).  The information and services may contain bugs, errors, problems, or other limitations.  We and our affiliated parties have no liability whatsoever for your use of any information or service.  In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort(including negligence), product liability or otherwise, even if advised of the possibility of such damages.  The negation of damages set forth above is a fundamental element of the basis of the bargain between us and you.  This Site and the information would not be provided without such limitations.  No advice or information, whether oral or written, obtained by your from us through the Site shall create any warranty, representation or guarantee not expressly stated in this agreement.  All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed.   We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use our site.  Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.  

Limitation of Liability
My Ugly Christmas Sweater, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if My Ugly Christmas Sweater, Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by My Ugly Christmas Sweater, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
My Ugly Christmas Sweater, Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to My Ugly Christmas Sweater, Inc.


Miscellaneous
This agreement shall be treated as though it were executed and performed in Killington, Vermont and shall be governed by and construed in accordance with the laws of the State of Vermont (without regard to conflict of law principles).  You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of My Ugly Christmas Sweater, Inc. products) shall be in the state or federal courts located in Rutland County, Vermont.  You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service or process.  Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of My Ugly Christmas Sweater, Inc. products) must be commenced within one (1) year after the claim or cause of action arose or be forever waived and barred.  My Ugly Christmas Sweater, Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. My Ugly Christmas Sweater, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.  To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.  Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a My Ugly Christmas Sweater, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
My Ugly Christmas Sweater, Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, My Ugly Christmas Sweater, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, My Ugly Christmas Sweater, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to My Ugly Christmas Sweater, Inc. in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless My Ugly Christmas Sweater, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys'  fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, My Ugly Christmas Sweater, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with My Ugly Christmas Sweater, Inc., My Ugly Christmas Sweater, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of My Ugly Christmas Sweater, Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, My Ugly Christmas Sweater, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).