Terms of Service

 

This is a legal agreement ("Agreement") between you, the user, together with any organization, company or other business entity you are representing, if any (collectively, the "Member") and Varsity Spirit Corporation dba Shop.Varsity.com/Varsity Shop ("Shop.Varsity.com"). BY CHECKING THE BOX ON THE SIGN UP PAGE, OR BY REGISTERING WITH THE SITE, MEMBER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. If Member does not agree to the terms of this Agreement, do not access the Service.

 

The Service is offered to Member conditioned upon Member's acceptance without modification of this Agreement. Member acknowledges that, from time to time, it may be necessary for Shop.Varsity.com to update or revise certain provisions of the Agreement. By joining Shop.Varsity.com and accepting this Agreement, Member agrees that Shop.Varsity.com may change the terms of the Agreement in its sole discretion without specific notice to Member. If Member does not agree to the changes proposed by Shop.Varsity.com, or to any terms in this Agreement, Member's sole and exclusive remedy is to cancel Member's Shop.Varsity.com account ("Member's Account"). Notwithstanding the foregoing, Shop.Varsity.com reserves the right to cancel, suspend or refuse access to the Service to anyone in its sole discretion. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to this Agreement.

 

General Use of the Service | back to top

Member shall not use the Service, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. Member agrees that Member will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service This means, among other activities, that Member agrees not to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information. Member agrees that Member will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. Member may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. Except with the written permission of Shop.Varsity.com, Member agrees that Member will not access or attempt to access password protected, secure or non-public areas of the Service. If Member attempts to access prohibited areas of the Service, Member may be subject to prosecution.

 

General Member Registration/Privacy Policy | back to top

In order for Member to participate in the Service, Shop.Varsity.com will require Member to provide specific information about Member and/or Member's organization or business (if applicable). Member shall be responsible for maintaining the confidentiality of Member's Account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. Member shall be responsible for all actions by such users, including without limitation former employees and former partners, and shall indemnify Shop.Varsity.com for such actions. Any information supplied by Member upon registering for the Service and any other information about Member and/or Member's business (if applicable) (collectively, "Member Data") is subject to Shop.Varsity.com's Privacy Policy. For more information, Member may review the Shop.Varsity.com Privacy Policy which is hereby incorporated into this Agreement and which may be accessed by clicking on this link.

 

Sales Information | back to top

In order to make a purchase on Shop.Varsity.com you must be 18 years of age or older. All sales are subject to acceptance and approval by Shop.Varsity.com which may decline or reject orders even after the Web site appears to have accepted them. We reserve the right to limit quantities. State sales tax is added to each purchase based on the state in which each customer lives. Prices do not include foreign duties, value-added or similar taxes. If assessed, these charges are the responsibility of the package recipient, who will be billed for them by the local Customs office. Items purchased on Shop.Varsity.com are intended for consumer consumption and not for resale. Orders from distributors/dealers may not be placed on this website. The billing information must match the credit card information exactly, including name on the account, mailing address, etc. Credit card transactions are authorized based on billing address; discrepancies between the billing address entered on the website and the billing address on file with your credit card company may cause the transaction to be rejected. Valid credit cards accepted on the site include VISA©, MasterCard©, American Express©, and Discover©.

 

Member Conduct | back to top

Member's right to use the Service is personal to Member and Member's organization, company and its employees (if applicable). Member, and not Shop.Varsity.com, is entirely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Member Content") posted via the Service. Member, and not Shop.Varsity.com, is also responsible for compliance with all laws, regulations and ordinances connected with all aspects of Member's use of the Service. Member shall not use the Service for any illegal purpose in violation of any local, state, federal or international law. Member must provide all required and appropriate warnings, information and disclosure, comply with all applicable laws and regulations, and take all other required and appropriate actions (collectively, "Information and Actions") in connection with Member's use of the Service. If the Service does not provide adequate facility or features for Member to provide such Information and Actions, then Member shall not use the Service.

 

DISCLAIMER OF WARRANTIES | back to top

MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT: A) MEMBER'S USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. Shop.Varsity.com AND ITS SUPPLIERS PROVIDE THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, THE Shop.Varsity.com WEB SITE AND THE MEMBER WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. (B) Shop.Varsity.com AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET MEMBER'S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY MEMBER THROUGH THE SERVICE WILL MEET MEMBER'S EXPECTATIONS. C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, THE Shop.Varsity.com WEB SITE OR MEMBER WEB SITES IS DONE AT MEMBER'S OWN DISCRETION AND RISK, AND MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

Shop.Varsity.com Proprietary Rights/Software Licenses | back to top

Member acknowledges and hereby agrees that the Service and any software used in connection with the Service (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Member further acknowledges and agrees that content contained in sponsor advertisements or information presented to Member through the Service, advertisers and/or Discussion Boards is protected by applicable copyrights, trademarks, service marks, patents and other proprietary rights and laws. Shop.Varsity.com provides Member with a non-exclusive, non-transferable, limited license to use the Software, which Member agrees to use in accordance with this Agreement. Member may not sub-license or charge others to use or access the Software without first obtaining written permission from Shop.Varsity.com. The Software is owned by Shop.Varsity.com and/or its suppliers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. The Software, its structure, sequence and organization and source code are considered trade secrets of Shop.Varsity.com and its suppliers and are protected by trade secret laws. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. MEMBER MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.

 

Indemnification | back to top

Member agrees to indemnify and hold Shop.Varsity.com and its suppliers, affiliates, partners, subsidiaries and employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to (i) Member's breach of this Agreement; (ii) any information (including but not limited to Member Data and Member's publicly posted information) submitted, posted, or otherwise provided by Member at the Member web site and/or to Shop.Varsity.com and/or its affiliates; (iii) any dispute or litigation between an Indemnified Party and a third party caused by Member's actions; and (iv) Member's negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of Member's relationship with Shop.Varsity.com or Member's use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Shop.Varsity.com and/or its suppliers, affiliates, partners, subsidiaries and employees.

 

Copyright and Trademark Notices | back to top

All materials of the Service and the Software (as well as the organization and layout of the Shop.Varsity.com Web Site) are owned and copyrighted or licensed by Shop.Varsity.com, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the Shop.Varsity.com Web Site and/or the Software, is permitted without the written permission of Shop.Varsity.com. Any rights not expressly granted herein are reserved. Shop.Varsity.com, the Shop.Varsity.com logo; Universal Cheerleaders Association and the Universal Cheerleaders Association logo; Universal Dance Association and the Universal Dance Association logo; National Cheerleaders Association and the National Cheerleaders Association logo; National Dance Alliance and the National Dance Alliance logo; Varsity Spirit Fashions and the Varsity Spirit Fashions logo; Cheerleader and Danz Team and the Cheerleader and Danz Team logo; Ozone and the Ozone logo; Universal Spirit Association and the Universal Spirit Association logo; are trademarks of Varsity Spirit Corporation ("The Varsity Marks"). Member agrees not to display or use The Varsity Marks in any manner whatsoever without Varsity Spirit Corporation's prior permission.

 

Notification of Claims of Copyright Infringement | back to top

Varsity respects the intellectual property of others.  It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement.  We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.  Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.  We will terminate access for subscribers and account holders who are repeat infringers.

 

Notifying Varsity of Copyright Infringement: To provide us with notice of an infringement, you must provide a written communication to the attention of “Varsity DMCA Notification Dept.” At copyrightagent@varsityspirit.com  that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512).  Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.

 

Providing Varsity with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected content.  If your material has been removed and you feel that your material does not constitute infringement, you may provide Varsity with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at copyrightagent@varsityspirit.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512).  Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others.  If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

 

Modification of the Service | back to top

Shop.Varsity.com reserves the right, at its sole discretion, to, at any time, modify, or discontinue the Service, temporarily or permanently, (or any part thereof), including the imposition of limits on certain features and services or restriction of access to parts or all of the Service, with or without notice. Member agrees that Shop.Varsity.com shall not be liable to Member or to any third party for any modification, suspension or discontinuance of the Service. Member further agrees that Shop.Varsity.com shall have the right to remove any element from the Member Web Site, with or without notice to Member, at any time at Shop.Varsity.com's sole discretion, if Shop.Varsity.com discontinues offering the element for any reason. If Member does not agree to any such modifications, Member's sole and exclusive remedy is to cancel Member's Account.

 

Termination/Cancellation of Member Account | back to top

Either Member or Shop.Varsity.com may terminate or cancel Member's Account at any time. Member understands and agrees that the cancellation of Member's Account is Member's sole right and remedy with respect to any dispute with Shop.Varsity.com. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Shop.Varsity.com's enforcement or application of any such term; (2) any policy or practice of Shop.Varsity.com, including Shop.Varsity.com's Privacy Policy and Copyright Policy, or Shop.Varsity.com's enforcement or application of these policies; (3) the content available through the Service or any change in content provided through the Service; (4) Member's ability to access or use the Service or Member's Web Site; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods, if any. All other provisions of this Agreement, which may reasonably be construed as surviving such termination, will survive the termination of this Agreement. Member further agrees that Shop.Varsity.com, in its sole discretion, may terminate Member's Web Site, Member's Account or Member's use of the Service for any reason, including, without limitation, (i) if Member breaches this Agreement, (ii) if Shop.Varsity.com is unable to verify or authenticate any information that Member provides to Shop.Varsity.com, (iii) if Shop.Varsity.com believes that Member has violated or acted inconsistently with the spirit of this Agreement, or (iv) for lack of use if Member has registered for a free Service. Shop.Varsity.com may also terminate Member's Web Site and/or Member's Account if Shop.Varsity.com determines, in Shop.Varsity.com's sole discretion, to discontinue offering the Service. If Shop.Varsity.com terminates Member's Account pursuant to (i), (ii) or (iii) above, Member will forfeit all credits, pre-paid fees, and any other amounts accruing to Member, if any, and Shop.Varsity.com shall not be required to refund, redeem, or pay amounts to Member upon such termination. Upon termination of Member's Account for any reason, Shop.Varsity.com reserves the right to (a) delete any Member Content, listings, messages or other information in connection with Member's account; (b) prohibit Member's access to Member's Account, including without limitation by deactivating Member's password; and (c) refuse Member future access to the Service. Member shall remain liable for any member content, listings, messages or other information in connection with Members account. In no event shall Shop.Varsity.com be required to refund, redeem, or pay amounts to Member upon termination of Service.

 

Notice | back to top

Statements, notices and other communications to Member may be made by mail, email, postings within Member's account or other reasonable means. Shop.Varsity.com may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices generally on the Shop.Varsity.com Web Site. Member should refer to the Contact Us page of the Shop.Varsity.com Web Site for information on how to contact and/or provide notice to Shop.Varsity.com.

 

General | back to top

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Shop.Varsity.com's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Member shall not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without prior written approval of Shop.Varsity.com, and any such attempted assignment shall be void. Shop.Varsity.com shall have the right to freely assign this Agreement, and its rights and obligations hereunder, to any third party without requiring the consent or notice of Member. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns. This Agreement sets forth the entire understanding and agreement between Shop.Varsity.com and Member with respect to the subject matter hereof. The section and subsection titles in the Agreement are for convenience only and have no legal or contractual effect. Each party is an independent contractor and not an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.

 

The services hereunder are offered by Shop.Varsity.com, located at 3131 Appling Road, Memphis TN 38133.

 

Violations | back to top

If you happen to observe any violations of this Agreement regarding Shop.Varsity.com, please report such violations to shopcustserv@varsity.com.

 

Independent Review | back to top

MEMBER ACKNOWLEDGES THAT MEMBER HAS READ THIS AGREEMENT AND ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT MEMBER AGREES TO ALL ITS TERMS AND CONDITIONS. MEMBER HAS INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.