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Terms of Service

1. General Information

Welcome to Living Dead Clothing’s website and other services provided by Living Dead Clothing (Living Dead Clothing is Living Dead Ventures Pty Ltd).

By using Living Dead Clothing’s website and any other services provided by Living Dead Clothing, you acknowledge that you have read, understand and agree to be bound by these terms and conditions (the “Terms of Service”). 

Living Dead Clothing may make changes to these Terms of Service from time to time without giving notice to you.

2. Minimum Age

Persons under the age of 13 may not use Living Dead Clothing’s website. By using Living Dead Clothing’s website, you affirm that you are older than 13 years of age. Living Dead Clothing will not collect, use, or disclose any personal information associated with a person under the age of 13

Living Dead Clothing will not sell clothing or any other products to a minor under the age of 18, but will sell clothing to a minor’s parent or guardian provided the parent or guardian is 18 years or older.

3. Intellectual Property Rights of Others

Living Dead Clothing respects the intellectual property rights of others and we ask our users to do so also. 

We do not condone any reproduction or modification of any material that infringes another person’s intellectual property rights or rights of publicity. As such, when using the Living Dead Clothing website and communicating with Living Dead Clothing, you may not infringe the intellectual property rights of others or rights of publicity. 

Living Dead Clothing accepts unsolicited designs from independent artists who are informed of and have agreed to the terms of our Artist Agreement and reproduces those designs on the clothing we sell.

Living Dead Clothing’s policy is to use designs from independent artists that do not infringe the intellectual property rights of others. Although Living Dead Clothing may select designs that parody, satirise, or comment on ideas, concepts, images or words contained in works produced by others, Living Dead Clothing will only select designs that make fair use of or are a fair dealing with content that is not in the public domain.

It is not to be assumed that Living Dead Clothing is affiliated with the owners of any works or intellectual rights which the designs we select refer to or incorporate.

4. Takedown Request Policy 

Living Dead Clothing maintains a Takedown Request Policy. If you in good faith believe that your content has been used in a way that constitutes an infringement of your copyright, trade mark or other intellectual property rights, or rights of publicity, you may complete a Takedown Request Notice.

5. If your work has been included in a notice/takedown request

Where Living Dead Clothing has received a Takedown Request Notice that alleges that one or more of your designs infringes another person’s intellectual property rights, and Living Dead Clothing reasonably believes that the complaint is made in good faith and is valid, Living Dead Clothing will remove your design from the Living Dead Clothing website.

Once a design has been removed from the Living Dead Clothing website, you will not be able to view or update the design. 

6. Living Dead Clothing’s Intellectual Property Rights

All intellectual property rights in this website and the Living Dead Clothing service (including the software and systems underlying the Living Dead Clothing service, and texts, graphics, logos, icons, sound recordings and software) are owned by or licensed to us.

If you wish to use any of our trade marks or copyright material in reference to our activities, products or services, you must first provide a request to us before using them for your own purposes  

7. Links

For the convenience of our users, Living Dead Clothing’s website contains links to other websites operated by third parties. You acknowledge that we do not review and do not endorse the content of any websites linked from Living Dead Clothing’s website and we are not responsible for the content or actions of any other websites linked to Living Dead Clothing’s website. Your use of any service or website is at your sole risk. 

8. Termination

You agree that Living Dead Clothing may terminate your access to our services and Living Dead Clothing’s website without notice on any reasonable grounds which include, without limitation, breach of these Terms of Service.

9. Indemnity 

We rely on you to use Living Dead Clothing’s website responsibly and to observe these Terms of Service. If we suffer any loss or damage or incur costs in connection with any breach of the Terms of Service or any other legal obligation then you agree to indemnify us for the losses, damages and costs. 

10. Disclaimer

Except where expressly specified, content on Living Dead Clothing’s website is provided for your information only. The information and material on Living Dead Clothing’s website is not intended as advice and you should not rely upon it as such. While we endeavour to provide accurate and timely information, the information available on Living Dead Clothing’s website may include inaccuracies or typographical errors. 

11. Governing Law

The Terms of Service are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

The parties irrevocably waive any objection that either may have now or in the future to the venue of any proceeding on the basis that the venue is an inconvenient forum if the venue is within the state of Queensland. 

12. Enforceability and Severability

If any provision of this agreement is held invalid or unenforceable, the remainder of this agreement will remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it will remain in full force and effect in all other circumstances.

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