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Legal Agreement
  Welcome to the www.youandusclothing.com website, hereinafter collectively You & US, Terms of Use Agreement ("Agreement"). This Agreement contains the terms and conditions under which You & US offers use of this site and service. Use of You & US constitutes your agreement to and acceptance of this Agreement. You & US reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the You & US Website. In the event of substantive changes to the terms of this Agreement, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use You & US Clothing.com. Your continued use of the You & US following posting of a change notice or new agreement on the You & US website will constitute binding acceptance of the changes.
   
   
   
  Use of Site
 

You must use You & US in a manner that demonstrates common sense and respect for the rights of all parties and in accordance with applicable laws and regulations. You understand and agree that our Services may include communications such as service announcements and administrative messages from us and that these communications are considered part of the services.

Our sites include a combination of content that we create, that our partners create, and that our users create. All materials published on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our sites in whole or in part.

You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:

   
 
1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
2. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
4. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
6. Download any file that you know or reasonably should know cannot be legally obtained in such manner;
7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
8. Restrict or inhibit any other user from using and enjoying any public area within our sites;
9. Collect or store personal information about other end users;
10. Interfere with or disrupt our sites, servers, or networks;
11. Impersonate any person or entity, including, but not limited to, a You & US representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
12. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
13. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
14. Engage in any illegal activities.
   
 

You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.

If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options.

Unauthorized access to our sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by You & US for use in accessing our sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.

Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our sites.

Account Security. You will need to select a unique user name and password if you open an Account. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and Account, including, without limitation, any use by any unauthorized third party. You must notify us immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify You & US immediately if you become aware of any other breach or attempted breach of the security of your Account You & US Service.

Prohibited Content.
 You & US in its sole and absolute discretion shall determine permissible content for design, production, marketing or selling a Product.  Prohibited Content is, but not limited to, content deemed by You & US that: (i) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, and rights of privacy and publicity; (ii) is defamatory; (iii) is obscene or pornographic; or (iv) violates any applicable law, rule, or regulation, including, without limitation, by exploiting images or the likeness of minors.

   
   
   
  Acknowledgement of Privacy Policy.
  You acknowledge that in conjunction with the terms of use, the You & US Privacy Policy is part of the terms of service, and you agree that using this site signifies your assent to the You & US Privacy Policy.
   
   
   
  Product Creation
 

Submitting of Content. You must upload or ship to You & US all content and content files in accordance with the applicable instructions on the website for your design to be considered . You must also upload or ship all other content required or reasonably requested to package and market any of your designs, such as artwork, titles, and complete and accurate credits. You & US may, in its sole and exclusive discretion, determine whether any content complies with such instructions and is satisfactory for use.

Approvals and Consents.  You acknowledge that the design you are submitting to You & US is your own original work, has not been previously published, and does not infringes third party intellectual property rights; such as copyright, trademark, trade dress and right of publicity.  

You acknowledge that You & US reserves the right to decline to select a design for any reason(s), in its sole discretion, which are subject to change at any time.

Costs of Creation. You will be solely responsible for the creation of the electronic and digital Content that you upload or ship to You & US, and will pay all costs associated with its creation and copies thereof.

   
   
   
  Licensing of Content
  In uploading and submitting any content to the You & US Website, you grant to You & US and its subsidiaries and affiliates an entire right and license worldwide, transferable, nonexclusive, in all media and markets existing now or created in the future: (i) to permit sole use and ownership of design and content to, reproduce, market and sell products consisting of design, and (ii) to promote, market and advertise your design or content submitted. Without limitation, this promotion, marketing, or advertising may consist of: (i) display of your design, (ii) promotional Content on the Website, (iii) display Product or Content placement in magazines, television shows, movies and other media. You & US may sublicense the rights that you grant it in this Section. By agreeing to terms and submitting design content you give You & US the right to use your content for the purposes stated above, and allow and assign ownership of your submitted work to You & US to register with the US Copyright Office. Should your design and/or content not be selected within 180 days from original date of submission you are hereby released from this contract.
   
   
   
  Marketing and Advertising.
 

Marketing of Your Design. You & US reserves the right, but has no obligation, to promote your design, for example but not limited to, featuring them in You & US newsletters or on the website, or describing your design in communications with third parties. If you market and promote your design and Products you must do so in accordance with this Agreement.

No Spam. You may not use "spam," "blast-faxes" or recorded telephone messages to market or sell Products. You may not spam or attempt to deliberately subvert the results of the You & US website or search engine with false, misleading, or unnecessarily repetitive information.

Links. You & US in its sole discretion, may prohibit you from "linking" your design to any websites that contain content that, if used on the You & US Clothing Website, would violate any of You & US agreements or policies.
   
   
   
  Compensation
 

25% Commission Rate. You & US will compensate selected designer, per design, a 25%, twenty five percent, commission, of net profits earned by sales of specific design for 1(one) year from original submission date, until and not exceeding a grand total commission threshold of $5000.00 per design used and distributed by You & US.

Payment Terms. You & US will make payment to you (by check, wire or electronic transfer) for the amount of such commission no later than 20 days after the end of each quarterly anniversary set forth by  You & US Clothing which the total amount of accrued compensation may reach or exceed $20.00 but not more than $5000.00. You & US may, in its discretion, send you a payment before your accrued compensation reaches or exceeds the payment threshold. If you have provided an undeliverable mailing address and two or more consecutive payments have been returned as undeliverable, we may stop sending future payments to you until you provide a deliverable mailing address.

Product Pricing Terms. You & US may sell products for-profit by setting the retail price for products at its sole discretion.

Tax Information.  It is your responsibility to determine what, if any, taxes apply to the payments you receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. You & US is not responsible for determining whether taxes apply to your transactions, or for collecting, reporting or remitting any taxes arising from any payments made to you.

Charitable Contribution. Unless you and You & US otherwise agree in writing, You & US may remit any payment otherwise due to you as a contribution in your name to a 501(c)(3) charitable nonprofit organization of You & US choice (or any charity agreed upon in writing by you and You & US if: (i) you fail to provide You & US with accurate and complete contact and tax identification information; and (ii) the funds remain outstanding for more than 12 months. If You & US makes such a contribution, its obligation to you shall be reduced by the amount of that contribution.

   
   
   
  Indemnification
 

As you are bound by these Terms of Service in using the You & US website, you must indemnify, defend and hold You & US harmless for any claim arising out of, relating to, or connected with your alleged breach of the Terms of Service in using the You & US website in accordance the Terms of Service. You must also indemnify, defend, and hold You & US harmless based on any claim alleging facts that, if true, would constitute a breach of this Agreement. You & US may withhold any commissions that it owes you if you have to indemnify You & US.

   
   
   
  Termination
  You & US In its sole discretion, with or without notice to you may: Restrict, suspend, or terminate your access to all or any part of our services including;
 
1. Change, suspend, or discontinue all or any part of our Services;
2. Refuse, move, or remove any material that you submit to our sites for any reason;
3. Refuse, move, or remove any content that is available on our sites;
4. Deactivate or delete your accounts and all related information and files in your account;
5. Establish general practices and limits concerning use of our sites.
6. Prohibit you from participating in any service provided by You & US
   
 

Effect of Termination. If you or You & US suspend or terminate your Account, You & US may, without being liable to you or any third party: (i) delete any content or other materials relating to your use of You & US, and (ii) not allow you to access your account or create, produce, market, or sell You & US Products. If you or You & US terminate your Account, you must immediately remove all links to the Website from any websites you operate.

   
   
   
  Arbitration
 

You & US may elect to resolve any controversy or claim arising out of or relating to these Terms or our sites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California, necessary to protect the rights or the property of you or You & US. (or its agents, suppliers, and subcontractors), pending the completion of arbitration.

   
   
   
  No Warranty Implied
  THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS," WHERE IS, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESSED OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY REGISTERED USER OR THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY REGISTERED USER.
   
 
 
 
   
 
 
   
 
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