Terms of Use
Terms and Conditions
Agreement between
User and demondudegear.com
Welcome to demondudegear.com. The
demondudegear.com website (the "Site") is comprised of
various web pages operated by Tivoli Technical Consulting, d.b.a The Screaming
Demon ("The Screaming Demon"). demondudegear.com is offered
to you conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein (the "Terms"). Your use of
demondudegear.com constitutes your agreement to all such Terms. Please
read these terms carefully, and keep a copy of them for your reference.
demondudegear.com is an E-Commerce Site.
The purpose of demondudegear.com is for the sale of
embroidered fashion articles.
Privacy
Your use of demondudegear.com is subject to The
Screaming Demon's Privacy Policy. Please review our Privacy Policy, which also
governs the Site and informs users of our data collection practices.
Electronic
Communications
Visiting demondudegear.com or sending emails to The
Screaming Demon constitutes electronic communications. You consent to receive
electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such communications
be in writing.
Your Account
If you use this site, you are responsible for maintaining
the confidentiality of your account and password and for restricting access to
your computer, and you agree to accept responsibility for all activities that
occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that The Screaming
Demon is not responsible for third party access to your account that results
from theft or misappropriation of your account. The Screaming Demon and its
associates reserve the right to refuse or cancel service, terminate accounts,
or remove or edit content in our sole discretion.
Children Under
Thirteen
The Screaming Demon does not knowingly collect, either
online or offline, personal information from persons under the age of thirteen.
If you are under 18, you may use demondudegear.com only with permission
of a parent or guardian.
Links to Third Party
Sites/Third Party Services
demondudegear.com may contain links to other
websites ("Linked Sites"). The Linked Sites are not under the control
of The Screaming Demon and The Screaming Demon is not responsible for the
contents of any Linked Site, including without limitation any link contained in
a Linked Site, or any changes or updates to a Linked Site. The Screaming Demon
is providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by The Screaming Demon of the site or any association
with its operators.
Certain services made available via
demondudegear.com are delivered by third party sites and organizations.
By using any product, service or functionality originating from the
demondudegear.com domain, you hereby acknowledge and consent that The
Screaming Demon may share such information and data with any third party with
whom The Screaming Demon has a contractual relationship to provide the
requested product, service or functionality on behalf of
demondudegear.com users and customers.
No Unlawful or
Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable
license to access and use demondudegear.com strictly in accordance with
these terms of use. As a condition of your use of the Site, you warrant to The
Screaming Demon that you will not use the Site for any purpose that is unlawful
or prohibited by these Terms. You may not use the Site in any manner which
could damage, disable, overburden, or impair the Site or interfere with any
other party's use and enjoyment of the Site. You may not obtain or attempt to
obtain any materials or information through any means not intentionally made
available or provided for through the Site.
All content included as part of the Service, such as text,
graphics, logos, images, as well as the compilation thereof, and any software
used on the Site, is the property of The Screaming Demon or its suppliers and
protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other
proprietary notices, legends or other restrictions contained in any such
content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer,
participate in the transfer or sale, create derivative works, or in any way
exploit any of the content, in whole or in part, found on the Site. The
Screaming Demon content is not for resale. Your use of the Site does not
entitle you to make any unauthorized use of any protected content, and in
particular you will not delete or alter any proprietary rights or attribution
notices in any content. You will use protected content solely for your personal
use, and will make no other use of the content without the express written
permission of The Screaming Demon and the copyright owner. You agree that you
do not acquire any ownership rights in any protected content. We do not grant
you any licenses, express or implied, to the intellectual property of The
Screaming Demon or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by The
Screaming Demon from our offices within the USA. If you access the Service from
a location outside the USA, you are responsible for compliance with all local
laws. You agree that you will not use the The Screaming Demon Content accessed
through demondudegear.com in any country or in any manner prohibited by
any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless The
Screaming Demon, its officers, directors, employees, agents and third parties,
for any losses, costs, liabilities and expenses (including reasonable
attorney's fees) relating to or arising out of your use of or inability to use
the Site or services, any user postings made by you, your violation of any
terms of this Agreement or your violation of any rights of a third party, or
your violation of any applicable laws, rules or regulations. The Screaming Demon
reserves the right, at its own cost, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which
event you will fully cooperate with The Screaming Demon in asserting any
available defenses.
Arbitration
In the event the parties are not able to resolve any dispute
between them arising out of or concerning these Terms and Conditions, or any
provisions hereof, whether in contract, tort, or otherwise at law or in equity
for damages or any other relief, then such dispute shall be resolved only by
final and binding arbitration pursuant to the Federal Arbitration Act,
conducted by a single neutral arbitrator and administered by the American
Arbitration Association, or a similar arbitration service selected by the
parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or
arbitration arises out of or concerns these Terms and Conditions, the
prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in
regards to these Terms and Conditions or any disputes arising as a result of
these Terms and Conditions, whether directly or indirectly, including Tort
claims that are a result of these Terms and Conditions. The parties agree that
the Federal Arbitration Act governs the interpretation and enforcement of this
provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration
provision shall survive the termination of these Terms and Conditions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TIVOLI
TECHNICAL CONSULTING, D.B.A THE SCREAMING DEMON AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TIVOLI TECHNICAL CONSULTING, D.B.A THE SCREAMING DEMON
AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TIVOLI TECHNICAL
CONSULTING, D.B.A THE SCREAMING DEMON AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL TIVOLI TECHNICAL CONSULTING, D.B.A THE SCREAMING DEMON AND/OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY
TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF TIVOLI TECHNICAL CONSULTING, D.B.A THE SCREAMING DEMON OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access
Restriction
The Screaming Demon reserves the right, in its sole
discretion, to terminate your access to the Site and the related services or
any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of
Georgia and you hereby consent to the exclusive jurisdiction and venue of
courts in Georgia in all disputes arising out of or relating to the use of the
Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this
section.
You agree that no joint venture, partnership, employment, or
agency relationship exists between you and The Screaming Demon as a result of
this agreement or use of the Site. The Screaming Demon's performance of this
agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of The Screaming Demon's right to comply
with governmental, court and law enforcement requests or requirements relating
to your use of the Site or information provided to or gathered by The Screaming
Demon with respect to such use. If any part of this agreement is determined to
be invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and The Screaming Demon with
respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the
user and The Screaming Demon with respect to the Site. A printed version of
this agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It
is the express wish to the parties that this agreement and all related
documents be written in English.
Changes to Terms
The Screaming Demon reserves the right, in its sole
discretion, to change the Terms under which demondudegear.com is
offered. The most current version of the Terms will supersede all previous
versions. The Screaming Demon encourages you to periodically review the Terms
to stay informed of our updates.
Contact Us
The Screaming Demon welcomes your questions or comments
regarding the Terms:
Tivoli Technical Consulting, d.b.a The Screaming Demon
100 Tivoli Place
Macon, Georgia 31220
Email Address:
Mikehoustonjr@gmail.com
Telephone number:
4047758383
Effective as of April 04, 2025
