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LIMITATION OF LIABILITY
IN NO EVENT SHALL EITHER EZ SHOP & DESIGN OR ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, ARISING OUT OF OR RELATED TO THE PARTNER PROGRAM, THE USE OR PERFORMANCE OF THE PARTNER SITE, OR THE FAILURE TO PROVIDE SERVICES OR PRODUCTS THAT ARE ORDERED FROM THE PARTNER SITE INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE.
ADULT CONTENT AND OTHER UNACCEPTABLE CONTENT
Partner may not post adult-oriented content on any page on which the EZ Shop & Design Content/Product appears. EZ Shop & Design considers content to be "adult" if it contains nudity, is sexually explicit, pornographic, lewd material, obscenity, primarily intended for sexual gratification or is otherwise inappropriate for minors, as determined in EZ Shop & Design's sole discretion. Partner may not post any offensive or incorporate images or content those is in any way harmful, threatening, obscene, harassing or racially, ethnically or otherwise objectionable, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, as determined in EZ Shop & Design's sole discretion.
INTELLECTUAL PROPERTY RIGHTS
The copyright in the EZ Shop & Design website, the content of the EZ Shop & Design website, designed/created products of the EZ Shop & Design and software utilized in the EZ Shop & Design website, all right, title, interest, trademarks, registered trademarks, trade names, product names, corporate names, graphics are owned by us and our suppliers and licensors. All rights in and to such copyrights are reserved to their respective owners except to the extent specifically provided in the Agreement. No license or permission is given to you to use such copyrighted material in any manner.
MISCELLANEOUS
A Partner's participation in the Partner Program shall not imply or create any employment agreement, partnership, joint venture or agency relationship between EZ Shop & Design and the Partner and Partner shall have no power to obligate or bind EZ Shop & Design in any manner whatsoever.
If any of these terms and conditions are declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other terms shall not be affected and shall remain in full force and effect.
EZ Shop & Design is based in TX, USA and all transactions take place on EZ Shop & Design's servers located in USA . Issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America . All other matters relating to Partner's participation in the Partner Program or access to or use of Partner Site or any other EZ Shop & Design site shall be governed by the laws of State of Texas . Any legal action or proceeding relating to or arising from the Partner Program or access to or use of the Web Site or any other EZ Shop & Design site shall be instituted in TX, USA . Partners agree to submit to the jurisdiction of Texas courts and agree that venue in these courts is proper in any such legal action or proceeding.
These terms and conditions, together with the EZ Shop & Design Terms of Use, constitute all of the terms and agreements relating to Partner's participation in the Partner Program.
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