Term Of Service
Terms and Conditions
Use of this Website is contingent upon your acceptance of our Terms of Use/Service (TOU), as well as our terms of sale, our policy on returns, our guarantee, and our privacy statement.
License Grant
A limited, non-exclusive, and non-transferable personal license to use the Website only for your personal use is granted to You by Johnny Hampton LLC, subject to your compliance with these TOU's terms and conditions. This license may be revoked at any time. However, you may not modify or translate, decompile, create derivative works, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary labels, license, sublicense, transfer or sell, mirror or frame or exploit, rent, lease or grant a security interest in or otherwise use the Website in any manner that is not expressly permitted herein. Moreover, you may not use the Website in any way that is not expressly permitted herein.
User Presentations
In order to access or use the Website, you represent that you are at least the age of eighteen (18) years old. The Website may only be used by those who have a parent or guardian agree on these TOU on their behalf. If you do not meet this age requirement, please seek advice from your parent or guardian. All applicable rules and regulations must also be adhered to when using the Website.
Proprietary Rights
Only a restricted license is granted to access and use the Website under this TOU. It is therefore clear and unequivocal that Johnny Hampton LLC does not transfer to You any of Johnny Hampton LLC's ownership or intellectual property rights in and to its Website. Aside from the written content and any images or sounds included therein, the Website's look and feel are all the property of Johnny Hampton LLC, as are all computer code and all programs and software that are part of it.
Johnny Hampton LLC also owns and controls all of these things. There are several ways in which you can't use Johnny Hampton LLC, including but not limited to: as a domain name, as an account ID, or as a search phrase. There may be other trademarks and/or service marks associated with other products and companies referenced or displayed on or through the Website.
Content Submitted by You
This Website may contain bulletin boards, chat rooms, comment areas and billboards, as well as newsgroups and other communication facilities where you can post your thoughts and opinions. You agree that any content you submit to these areas will be subject to the terms and conditions of this Agreement.
When this is the case, we encourage you to post your thoughts on our Website. It is your responsibility to ensure that any information you provide to Johnny Hampton LLC does not infringe on the rights of any third parties. This includes refraining from using any profanity, indecent language, pornographic images or any other content that Johnny Hampton LLC deems objectionable.
User-Posted Content must also not violate any person or entity's intellectual property rights, privacy rights, or rights of publicity. User-Posted Content that you submit to Johnny Hampton LLC grants Johnny Hampton LLC a non-exclusive, royalty-free, perpetual, irrevocable right and license to use the User-Submitted Content for any purpose, including promotional and advertising, in perpetuity.
Johnny Hampton LLC has the right to use such User-Submitted Content for any purpose, including promotional and advertising, in perpetuity. It is your responsibility to ensure that all User-Posted Content submitted to us does not violate or infringe on any third party's rights, including but not limited to intellectual property or privacy rights. By submitting any User-Posted Content to us, you represent and warrant that you have all necessary rights, title, and license to such User-Posted Content.
Restrictions on Use
You undertake not to change the Website in any way, whether in whole or in part, distribute it, disclose it, or create derivative works based on it, sublicense, rent, sell, distribute, circulate, provide, de-code, break down, disassemble, reverse engineer, create derivative works from, modify or translate the Website (or any part of it) or in any other way reproduce, copy, use or provide the Website, or any part of it, except as expressly permitted herein or permitted by mandatory law. Using the Website or downloading data from it places you fully accountable for any harm to your system or loss of data. This is true even if you don't use the service directly.
Copyright
Images of people, places, and/or products posted on this site are either the property of Johnny Hampton LLC, or are used herein with express permission of Johnny Hampton LLC. Unless otherwise noted, all content included on this site, including images, illustrations, designs, icons, photographs, video clips, and written and other materials, is the property of the Johnny Hampton LLC, or its suppliers, partners, or affiliates and is protected by United States and international copyright laws. The compilation of this site is the exclusive property of Johnny Hampton LLC, and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on this site is strictly prohibited and may violate copyright and trademark laws and/or the laws of privacy, publicity, and/or communications regulations and statutes. Any use of the materials or content on this site can be made only with the prior written and express authorization of Johnny Hampton LLC.
Trademarks
All trademarks, trade dress and service marks and their respective designs and/or logos on this site are trademarks or registered trademarks of Johnny Hampton LLC, or its affiliates. Johnny Hampton LLC and its affiliate's trademarks and/or trade dress may not be copied, imitated or used, in whole or in part, without the prior written permission of Johnny Hampton LLC. In addition, all page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of Johnny Hampton LLC, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Johnny Hampton LLC. All other trademarks, registered trademarks, product names and company names or logos used in this site are the property of their respective owners. You may not use any trademarks, trade dress, service marks or intellectual property of Johnny Hampton LLC or its affiliates, nor may you place any meta tags or any other "hidden text" utilizing Johnny Hampton LLC or its affiliate's names, trademarks, or product names without our express written consent.
Availability And Continuity of Service
Johnny Hampton LLC has the right, in its sole discretion, to temporarily or permanently:
- Suspend or remove the Website,
- Disable any access to the Website. You recognize and accept this.
Website Links
For your convenience, the Website may include links to other web pages or online social media networks. Johnny Hampton LLC is not responsible for the content of these websites, networks, or pages, which are managed by third parties over whom Johnny Hampton LLC has no authority. As a result, Johnny Hampton LLC explicitly disclaims any and all liability for the Content, the contents, the accuracy of the information, and/or quality of the products or services offered by, available via, or advertised on these third-party sites. These links also do not imply that we are endorsing any third-party website, any third-party product, or any third-party service.
Warranty Disclaimer
To the fullest extent permitted by law, Johnny Hampton LLC makes no representations or warranties about the Website or any goods purchased by you via the Website and expressly disclaims any express warranties, including, without limitation, any warranty of fitness for a specific purpose. Any warranty provided is specifically detailed on this Website.
Limitation Of Liability
No matter what the cause, Johnny Hampton LLC will not be liable for any damages, including but not limited to punitive, incidental, consequential, actual, anticipated, or exemplary damages, arising out of or in any way connected with the use of or inability to use the Website or the products sold by way of the Website, whether based in contract, tort, strict liability, or otherwise.
Indemnity
By using this Website and/or application, You agree to defend, indemnify and hold harmless Johnny Hampton LLC and its parent and affiliates, and their directors, employees, owners, and agents, against any loss or damage caused by:
- your use of and access to the Website or its products;
- any User-Posted Content;
- your breach of any of these TOU; and
- Your infringement of any third party rights, including but not limited to intellectual property rights. For as long as you use this Website and any consequences of using this Website afterwards, this indemnification is binding on You, Johnny Hampton LLC, and the Website.
Enforcement
You agree that any violation of this TOU will cause Johnny Hampton LLC irreparable harm, such harm would be hard to measure in terms of monetary damages, and Johnny Hampton LLC would likely not have an effective legal remedy in the event of such a breach. If you violate any of the terms of this agreement, Johnny Hampton LLC has the right to seek an injunction or other suitable equitable remedy and damages from a court of competent jurisdiction in order to protect Johnny Hampton LLC's intellectual property rights or other rights.
Time Limits
This TOU will go into effect when You first use this Website. If You do not adhere to the terms and conditions of this TOU, it will be terminated immediately. Notice of termination will not be given.
Waiver & Severability
Failure to insist on strict execution of any of the terms and conditions of this TOU will not act as a waiver of any future or other default or failure of performance. This TOU will remain in effect notwithstanding any decisions to the contrary made in any jurisdiction where the law or a court of competent jurisdiction finds any provision of this TOU to be ineffective or unenforceable, in which case the remaining provisions of this TOU will continue to be valid and enforceable.
Jurisdiction And Applicable Law
This agreement and all rights and responsibilities of the parties shall be governed and interpreted in accordance with the laws of the State of Texas, without respect to its conflict of laws provisions. The parties agree to submit to the jurisdiction and venue of Texas and the federal courts in Dallas County.
Independent Party
You are a part of an opposition party. You and Johnny Hampton LLC do not have a partnership, joint venture, co-ownership, employment, or agency relationship as a consequence of this TOU or your use of the Website.
Entire Agreement
All prior or contemporaneous communications and proposals between You and Johnny Hampton LLC with respect to use of the Website are superseded by this TOU, the Additional Policies and any other agreement or terms or conditions for services, information, or licenses available through the Website, which are all hereby incorporated by reference as if set forth fully herein.
No Assignments
Johnny Hampton LLC's prior written authorization is required before you can assign or transfer any of your rights under this Agreement.