This Terms and Conditions ("T&C") contains information that governs your use of FullMetalTshirt.com (the "Website") and the FullMetalTshirt.com contest (as defined below), as granted by This! Enterprises, its subsidiaries and affiliates including Full Metal T-Shirt (collectively "FullMetalTshit.com"). This T&C describes your rights and responsibilities and what you can expect from the FullMetalTshirt.com contest. Use of the FullMetalTshirt.com Website constitutes your acceptance of and agreement to this T&C.

FullMetalTshirt.com reserves the right to add, delete and/or modify any of the terms and conditions contained in this T&C on the Website, at any time and in its sole discretion, without notice to you. In the event of substantive changes to this T&C, we may attempt to notify you by email or by posting a change notification on the Website. If any modification is unacceptable to you, your only recourse is to not use the Website nor participate in the FullMetalTshirt.com contest. Your continued use of the FullMetalTshirt.com Website following posting of a new T&C on the FullMetalTshirt.com Website will constitute binding acceptance of any and all changes.

The FullMetalTshirt.com Contest

• FullMetalTshirt.com holds a number of Internet-based contests through the Website (all such contests, collectively, the "FullMetalTshirt.com contest"). One such contest is held perpetually and a new winner is chosen every week (Guild contest). Users who would like to participate in our contests must also accept and abide by our submissions terms and conditions. FullMetalTshirt.com allows all users to browse the Website and purchase Products. FullMetalTshirt.com may offer a number of other contests on its Website, including contests that involve a third party (League contests).
• Prizes. Cash prizes are paid via paypal on the day the product goes on sale. The prize pool shown below is paid to all Guild contest winners.
  • (a) A free print of the design on the size, style, and color shirt of the winners choice.
  • (b) A $5 Cash residual paid on every shirt, poster print, and canvas print sold of the winning design on the website for a period of one year (365 days), starting the day the item is placed on the site for sale, to be paid by Paypal on or by the 15th of each month for the previous calendar month.
• Winners are chosen based on collected information from the number and quality of votes a design receives, the comments on the vote, and the opinion of staff members. All final decisions are made at the sole discretion of FullMetalTshirt.com and its employees.

Use of the Web Site and FullMetalTshirt.com Contest

• Eligibility. FullMetalTshirt.com will only knowingly provide the FullMetalTshirt.com contest to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the FullMetalTshirt.com contest only under the supervision of a parent or legal guardian who agrees to be bound by this T&C. The FullMetalTshirt.com contest is not intended for children under the age of 13.
• Compliance with T&C and Applicable Law. You must comply with all of the terms and conditions of this T&C, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the FullMetalTshirt.com contest and the Website.
• Your License to Use the Web Site and the FullMetalTshirt.com contest.
  • FullMetalTshirt.com solely and exclusively owns all intellectual property and other rights, title and interest in and to the FullMetalTshirt.com contest and Website, except as expressly provided for in these T&C. For example and without limitation, FullMetalTshirt.com owns the trademarks FullMetalTshirt.com; the copyrights in and to the Website, and the art and images for products available for sale. You will not acquire any right, title or interest therein under this T&C or otherwise to any intellectual property owned by FullMetalTshirt.com.
  • FullMetalTshirt.com grants you a limited revocable license to access and use the Website and the FullMetalTshirt.com contest for its intended purposes, subject to your compliance with this T&C. This license does not include the right to collect or use information contained on the Website for purposes prohibited by FullMetalTshirt.com; to compete with FullMetalTshirt.com; to create derivative works based on the content of the Website; or download or copy the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach this T&C, FullMetalTshirt.com may revoke the license granted to you.
• Third-Party contests. FullMetalTshirt.com may use third parties to provide certain contests accessible through the Website. FullMetalTshirt.com does not control those third parties or their contests, and you agree that FullMetalTshirt.com will not be liable to you in any way for your use of such contests. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as this T&C when you use those contests. If any such terms or policies conflict with FullMetalTshirt.com's T&C, agreements or policies, you must comply with FullMetalTshirt.com's T&C, agreements or policies, as applicable.

General Rules

• Prohibited Use. You may only use the FullMetalTshirt.com contest as expressly permitted by FullMetalTshirt.com. You may not cause harm to the Website or the FullMetalTshirt.com contest. Specifically, but not by way of limitation, you may not:
  • interfere with the FullMetalTshirt.com contest by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
  • collect electronic mail addresses or other information from third parties by using the FullMetalTshirt.com contest;
  • impersonate another person or entity;
  • engage in any activity that interferes with another user's ability to use or enjoy the FullMetalTshirt.com contest; or
  • assist or encourage any third party in engaging in any activity prohibited by this T&C.
• Privacy Policy. By entering into this T&C, you agree to FullMetalTshirt.com's collection, use and disclosure of your personal information in accordance with the Privacy Policy.

Intellectual Property Rights

• All images, logos, graphics, text, and photos on this site, except those submitted by users, are owned by or licensed to FullMetalTshirt.com and are subject to copyright and other intellectual property rights under United States and foreign laws.
• Content on this site is provided AS IS for your personal use only.
• FullMetalTshirt.com reserves all rights not expressly granted in and to the Website and the Content contained within.
• If you suspect infringment of your copyrighted material you will need to send a written communication that includes the following (please consult your legal counsel):
  • A physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the item(s) claimed to be infringing the exclusive right;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, address, telephone number, and email address;
  • A statement of good faith that the use of the allegedly infringing material is not authorized by the copyright owner, its agent, or the law;
  • 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.

Contest Submission Terms and Rules

• By selecting the "submit" button, and uploading design files to our site for consideration in the FullMetalTshirt.com contest, you assign and warrant to FullMetalTshirt.com that you have the right and authority to convey the rights to the "Design".
• You acknowledge that the Design you are assigning to FullMetalTshirt.com is your own original work, has not been previously published, and does not contain any trademarks, logos, copyrighted material, or any other intellectual property belonging to any third party and is free from liens and is not subject to any third-party agreements. 
• You assign a temporary license to FullMetalTshirt.com to use your designs, text, comments, and other information on their site for a period of 90 days, and in this time you may not submit your design for any other commercial consideration.
  • This license may be used without restriction in promotional materials, blog posts, and other media both on and off the site.
  • After 90 days your submission will remain on the site in our "vault" section unless you make a formal request to have it removed.
  • If your design does not win after 90 days, the license is returned to you and you may use it for commercial uses. 
• If your Design is selected for use by FullMetalTshirt.com, you acknowledge that you assign the entire right, title, and interest in and to the copyright in your Design including the right to sue for past infringement and the right to further sublicense the Design.

• FullMetalTshirt.com retains the right to remove any material, which we in our sole discretion, deem to be profane or offensive.
• You may continue to use the design for non-commercial use after assignment to FullMetalTshirt.com.
• Upon notification of selection for a win, artist must provide high-resolution (200 dpi+ or vector) original artwork in the size to be printed (i.e., 16"x20")
• Winning participants will be permitted to view certain confidential information about sales figures.  This information is strictly confidential and disclosure of this information to any third party will result in the forfeiture of further residuals and may result in the termination of participants account.

User Submissions

• When you submit questions, comments, suggestions, ideas, pictures, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant FullMetalTshirt.com permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that FullMetalTshirt.com will have no obligation to keep any Submissions confidential. You will not bring a claim against FullMetalTshirt.com based on "moral rights" or the likes arising from FullMetalTshirt.com's use of a Submission.
• All suggestions, opinions, and comments made by users, and any text, data, photographs, or other material provided to us by users are not endorsed by FullMetalTshirt.com, and we make no guarantee regarding the reliability, accuracy, or quality of any submission that is posted on the Website.

Rules of Conduct

• In connection with this website, you may not upload, post, or in any way transmit any information that:
  • is defamatory, libelous, pornographic, sexually explicit, unlawful, vulgar, or plagiarized;
  • a reasonable person would consider harassing, abusive, harmful, threatening, obscene, or profane, excessively violent, racially or ethnically charged;
  • violates or encourages others to violate any applicable law, statute, ordinance, or regulations;
  • breaches or can be interpreted as a breach of any person's privacy or publicity rights, is a misrepresentation of facts, or is could be considered hate speech;
  • contains viruses, Trojan horses, worms, time bombs, or other harmful programming routines.
• You may not, except with FullMetalTshirt.com's express advanced permission or in specially designated areas, use this website to:
  • upload, post, or in any way transmit any information that provides telephone numbers, street addresses, last names, URLs, or email addresses.
  • engage in commercial activities or use FullMetalTshirt.com content to engage in commercial activities;
  • solicit personal information from any user under the age of 18.

Reservation of Rights

• Monitoring. FullMetalTshirt.com reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If FullMetalTshirt.com determines, in its sole and absolute discretion, that you or another FullMetalTshirt.com user will breach a term or condition of this T&C or that such transaction or communication is inappropriate, FullMetalTshirt.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.
• Modification of the contest. FullMetalTshirt.com reserves the right to modify the organization, structure or prizes of the FullMetalTshirt.com contest or the Website, and may change, suspend, or discontinue any aspect of the FullMetalTshirt.com contest at any time without any liability to you or any third party. FullMetalTshirt.com shall have complete discretion over the features, functions, prices and other terms and conditions on which the FullMetalTshirt.com contest is offered to FullMetalTshirt.com users and participants.

Representations and Warranties

• Mutual Representations and Warranties. You represent and warrant to FullMetalTshirt.com and FullMetalTshirt.com represents and warrants to you:
  • that you or it has the full power and authority to enter into and perform under this T&C;
  • that the execution and performance of your or its obligations under this T&C does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound;
  • this T&C is a legal, valid and binding obligation of the party entering into this T&C, enforceable in accordance with its terms and conditions.
• By You. You represent and warrant to FullMetalTshirt.com that, in your use of the FullMetalTshirt.com contest, you:
  • will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party;
  • will not engage in the use, copying, or distribution of any of the Content of this site other than when expressly permitted by this T&C, this includes, but is not limited to submissions User Submissions and any content for commercial use;
  • will not use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, or to send requests to the Website, except in the operation or use of an internet "search engine", hit counters or similar technology;
  • will not take any action that would cause FullMetalTshirt.com to be required to make any payments to any third party in connection with its use of your Content;
  • will bring no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content;
  • will comply with all applicable laws, rules, and regulations;
  • will not upload or link to any Content which contains viruses or any other programs or technology designed to disrupt or damage the Website or any other software or hardware.

Exclusions of Warranties

•  NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT FullMetalTshirt.com’s WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

• YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF FullMetalTshirt.com IS AT YOUR SOLE RISK AND THAT THE SERVICES AND CONTESTS ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

• DISCLAIMER OF WARRANTIES. FullMetalTshirt.com PROVIDES THE WEBSITE AND THE FullMetalTshirt.com CONTEST ON AN "AS IS" AND "AS AVAILABLE" BASIS. FullMetalTshirt.com DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, FullMetalTshirt.com, OR ITS USE:
  • WILL MEET YOUR REQUIREMENTS;
  • WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR
  • WILL BE FREE OF INACCURACIES OR ERRORS;
  • WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE.
• ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FullMetalTshirt.com OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
• FullMetalTshirt.com FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability

• YOU EXPRESSLY UNDERSTAND AND AGREE THAT FullMetalTshirt.com, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
  • ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
  • ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
    • THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES AND CONTESTS;
    • YOUR FAILURE TO PROVIDE FullMetalTshirt.com WITH ACCURATE ACCOUNT INFORMATION;
    • YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
• THE LIMITATIONS ON FullMetalTshirt.com’S LIABILITY TO YOU IN SHALL APPLY WHETHER OR NOT FullMetalTshirt.com HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Indemnification

• You must indemnify and hold FullMetalTshirt.com and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders, 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 brought against any of the Parties alleging that you have breached any provision of this T&C through any act or omission. If you have to indemnify FullMetalTshirt.com under this Section, FullMetalTshirt.com will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without FullMetalTshirt.com's express written permission.

Termination

• Termination. In its sole discretion, with or without notice to you, FullMetalTshirt.com may:
  • suspend, limit your access to or terminate your use of the Website and/or the FullMetalTshirt.com contest;
  • suspend, limit your access to or terminate your account;
  • remove any of your Content from FullMetalTshirt.com's servers and directories; and
  • prohibit you from using the FullMetalTshirt.com contests and/or the Website.
• Survival. This T&C will survive indefinitely unless and until FullMetalTshirt.com chooses to terminate this T&C.
• Effect of Termination. If you or FullMetalTshirt.com terminates your use of the Website or the FullMetalTshirt.com contest, FullMetalTshirt.com may delete any Content or other materials relating to your use of the FullMetalTshirt.com contest on FullMetalTshirt.com's servers or otherwise in its possession and FullMetalTshirt.com will have no liability to you or any third party for doing so.

Dispute Resolution

All disputes arising out of, relating to or connected with these T&C or your use of any part of the FullMetalTshirt.com contest will be exclusively resolved under confidential binding arbitration held in Solano County, California, before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying California 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. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Solano County, California. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and California State courts in Solano County. Notwithstanding anything to the contrary in this Section, FullMetalTshirt.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.

Miscellaneous

These T&C will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of California without reference to conflict of law principles. This T&C is not assignable or transferable by you without the prior written consent of FullMetalTshirt.com. This T&C (including all of the policies and other Agreements described in this T&C, which are incorporated herein by this 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 this T&C 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 FullMetalTshirt.com are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this T&C. The invalidity or unenforceability of any provision of this T&C will not affect the validity or enforceability of any other provision of this T&C, all of which will remain in full force and effect.