Welcome to the Zakiya Davidson Web Site (‘Site’). Please review the following basic terms that govern your use of and purchase of products from the Zakiya Davidson Site. Please note that your use of the Zakiya Davidson Site constitutes your agreement to follow and be bound by these terms (the ‘Agreement’).
By posting, distributing, sending or displaying any comment, message (including email), data, information, text, music, sound, photos, graphics, or other content (the “User Generated Content”) to the Site, you (A) grant, and represent and warrant that you have the right to grant, to Zakiya Davidson a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Generated Content throughout the world; (B) grant Zakiya Davidson and its partners and affiliates and sublicensees the right to use the name that you submit in connection with such User Generated Content; and (C) represent and warrant that (i) you own and control all of the rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content to or through the Site; (ii) such User Generated Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Generated Content does not violate these Conditions and will not violate any rights of, or cause injury to, any person or entity. You further grant Zakiya Davidson the right to pursue at law any person or entity that violates your or Zakiya Davidson’s rights in the User Generated Content by a breach of these Conditions.
User Generated Content submitted by users is deemed non-confidential and Zakiya Davidson is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, Zakiya Davidson reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Zakiya Davidson is under no obligation to offer you any payment for User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Generated Content, you hereby agree that (A) you do not require that any personally identifying information be used in connection with the User Generated Content, or any derivative works of, or upgrades or updates thereto; (B) you do not oppose the publication, use, modification, deletion and exploitation of the User Generated Content by Zakiya Davidson or its agents; (C) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Generated Content; and (D) you release Zakiya Davidson from any claims that you could otherwise assert against Zakiya Davidson by virtue of any moral rights.
This site and all contents of the site are provided on an ‘as is’ basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of the site, that your use of the site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that Zakiya Davidson shall not be liable for any damages of any kind related to your use of this site.
‘ZAKIYA DAVIDSON’ is a registered trademark, service mark, and/or trade name of Zakiya Davidson. All other trademarks, service marks, and trade names contained in the Site are the properties of the respective owners. Zakiya Davidson disclaims any proprietary interest in trademarks, service marks and trade names other than its own. No use of these marks may be made without the prior written authorization of Zakiya Davidson, except as necessary to accurately identify the products or services of Zakiya Davidson.
USE OF CHAT ROOMS, BULLETIN BOARDS AND OTHER INTERACTIVE AREAS
The Site may contain forums, blogs, bulletin boards or other interactive areas in which you or third parties may post content, messages, materials or other items on the Site (the “Interactive Areas”). If Zakiya Davidson provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Areas, you will not post, upload, transmit, distribute, store, create or otherwise publish any of the following:
- Material that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Material that promotes illegal drug use, tobacco or firearms use;
- Material that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
- Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Material that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited advertising or links to other commercial sites;
- Names, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or other personally identifiable information of you or someone else;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Material that is unrelated to the topic of the Interactive Area(s) in which such material is posted;
- Material that communicates messages inconsistent with the positive good will of Zakiya Davidson; or
- Material that, in the sole judgment of Zakiya Davidson, is objectionable, or which may expose Zakiya Davidson or its users to any harm.
Zakiya Davidson takes no responsibility and assumes no liability for any User Generated Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Zakiya Davidson liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Interactive Areas, Zakiya Davidson is not liable for any statements, representations or User Generated Content provided by its users on this Site. Although Zakiya Davidson has no obligation to screen, edit or monitor any of the User Generated Content posted to or distributed through any Interactive Area, Zakiya Davidson reserves the right, and has sole discretion, to remove without notice any User Generated Content posted or stored on the Site. Any use of the Site, including the Interactive Areas, in violation of these Conditions may result in termination or suspension of your permission to use the Site.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Zakiya Davidson on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, ‘Comments’) shall be and remain Zakiya Davidson’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Zakiya Davidson of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Zakiya Davidson will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Zakiya Davidson is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. You agree that Zakiya Davidson may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that Zakiya Davidson may use your information for marketing and promotional purposes.
ZAKIYA DAVIDSON’S COMMUNICATIONS TO YOU
You agree that Zakiya Davidson may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Zakiya Davidson’s products or services, or for such other purpose(s) as Zakiya Davidson deems appropriate.
Any contests or promotions described or posted on this Site shall be governed by the rules regulating such event.
All Zakiya Davidson products displayed at the Site are available for only seven days. In some cases, we may choose to bring work back for an additional campaign. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.
We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
LINKS TO OTHER WEB SITES AND SERVICES
This Site may contain links to outside services and resources. You acknowledge that (A) Zakiya Davidson is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites; and (B) Zakiya Davidson is not responsible for any other form of transmission received from any linked site. Zakiya Davidson is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Zakiya Davidson of the site. Any concerns regarding any such link should be directed to the particular third party website.
CUSTOMS, DUTIES AND TAXES
You are responsible for assuring that the product can be lawfully imported to the destination country. When ordering from ZakiyaDavidson.com, the recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders that are shipped to countries outside of the United States may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for further information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.
From time to time there may be information on ZakiyaDavidson.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
This Agreement is effective unless and until terminated by either you or Zakiya Davidson. You may terminate this Agreement at any time. Zakiya Davidson also may terminate this Agreement at any time and may do so immediately without notice, and accordingly, deny you access to the Site, if in Zakiya Davidson sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Zakiya Davidson, you must promptly destroy all materials, downloaded or otherwise, obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
RETURN AND EXCHANGE POLICY
You may NOT return your merchandise unless the product is defective. Zakiya Davidson does not guarantee the exchange or credit for a defective item. Zakiya Davidson will consider an exchange or refund. In the case of a refund, customer will NOT receive the seven dollars that was donated from their purchase. Repack the item(s) in the bag your order was shipped in, and return the package to Zakiya Davidson 2303 Peachtree Road NE, Atlanta, GA 30324. ZAKIYA DAVIDSON will reimburse shipping charges only on items declared defective (up to $9.00) Due to the fact that Zakiya Davidson Shirts are Extremely Limited Edition and printed to order, we do not keep a stock of any past shirts. Therefore, exchanges will not be granted if you order the wrong size. Make sure you thoroughly research, check, double check, and ask plenty of questions to make sure that you are ordering the correct fit.
If returning or exchanging an item, all items must be unused and include the original packaging. Clothing must be clean and unwashed with all tags. If you plan to return your clothing please keep it clean. Returned items smelling of smoke, containing pet and/or human hair, or being deemed by Zakiya Davidson as previously worn or tampered with will not be accepted. Once clothing has been worn and/or washed it cannot be returned or exchanged.
Any software or related materials that are made available to download from this Site or otherwise provided to you (“Software”) is the copyrighted work of Zakiya Davidson and/or its licensors (if any). You may be required to register as a Zakiya Davidson subscriber in order to download and/or use the Software. Furthermore, your right to download and/or use the Software will be subject to these Terms and the terms and conditions of the applicable end user license agreement (“Zakiya Davidson License Agreement”), if any, which accompanies or is included with the Software. Any use, reproduction or redistribution of the Software not in accordance with these Terms or such Zakiya Davidson License Agreement is prohibited.
Any software or related materials that are made available to download from this Site or otherwise provided to you (“Software”) is the copyrighted work of Zakiya Davidson and/or its licensors (if any). You may be required to register as a Zakiya Davidson subscriber in order to download and/or use the Software. Furthermore, your right to download and/or use the Software will be subject to these Terms and the terms and conditions of the applicable end user license agreement (“Zakiya Davidson License Agreement”), if any, which accompanies or is included with the Software. Any use, reproduction or redistribution of the Software not in accordance with these Terms or such Progress Software License Agreement is prohibited.
LIMITATIONS OF USE
Unless otherwise specified in the Terms and/or the Zakiya Davidson Software License Agreement, the Services and Materials are for your personal and non-commercial use. Notwithstanding anything to the contrary in the preceding sentence, if you have obtained any Software pursuant to a Zakiya Davidson Software License Agreement, and have been granted access by Zakiya Davison to the Zannivation Customer Order Management portion of the Site, you may use the Services and/or Materials made available in the Customer Order Management portion of the Site solely for your internal business purposes related to your license of our Software.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Services or Materials. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any materials in your possession obtained from the Site (including Materials requested pursuant to the Site and sent by Progress Software via email or post).
You may obtain direct access via the Site to certain confidential information of Zakiya Davidson and its suppliers, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with Zakiya Davidson and its suppliers.
Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or Zakiya Davidson’s written request, You must cease use of Confidential Information and return or destroy it.
The Confidentiality provision will not apply with respect to Confidential Information to the extent that You can establish by legally sufficient evidence: (a) You possessed such Confidential Information prior to Your receipt from Zakiya Davidson, without an obligation to maintain its confidentiality; (b) such Confidential Information is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained such Confidential Information from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed substantially similar information without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) You are required to disclose such Confidential Information in response to a valid order by a court or other governmental body, as otherwise required by law, but only after prior notice to Zakiya Davidson adequate to afford Zakiya Davidson the opportunity to object to the disclosure.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS AND CONDITIONS OF THE ZAKIYA DAVIDSON SOFTWARE AGREEMENT. EXCEPT AS SPECIFICALLY WARRANTED ON THE ZAKIYA DAVIDSON SOFTWARE AGREEMENT, ALL SOFTWARE, MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ZAKIYA DAVIDSON SOFTWARE, FOR ITSELF AND ON BEHALF OF ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE LICENSORS (IF ANY) AND SUPPLIERS, DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Neither ZAKIYA DAVIDSON Software, nor its subsidiaries and affiliates and their respective licensors (if any) and suppliers, warrant the accuracy, completeness or quality of any of the Materials or Services.