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Terms Of Services

TERMS OF SERVICE AGREEMENT

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY

ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND

BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE

RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ

THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT

EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT

ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS

EFFECTIVE AS OF 08/30/2017.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern

the relationship with our users and others which may interact or interface with Shirk Designs Hair

Accessories And Apparel, also known as Shirk Designs, located at 8194 West Deer Valley Road BOX #106-290 ,

Peoria, Arizona 85382 and our subsidiaries and affiliates, in association with the use of the Shirk Designs

website, which includes www.shirkdesigns.com, and its services, which shall be defined below.

DESCRIPTION OF WEBSITE SERVICES OFFERED

The site is an e-commerce website which has the following description:

Shirk Designs is a handmade fashion hair accessory and apparel company.  All items are made in our small studio

space located in Peoria, Arizona.

Any and all visitors to our site shall be deemed as "users" of the herein contained services provided for the

purpose of this TOS.

The user acknowledges and agrees that the services provided and made available through our website and

applications, which may include some mobile applications and that those applications may be made

available on various social media networking sites and numerous other platforms and downloadable

programs, are the sole property of Shirk Designs Hair Accessories And Apparel . At its discretion, Shirk

Designs Hair Accessories And Apparel may offer additional website Services and/or products, or update,

modify or revise any current content and Services, and this agreement shall apply to any and all additional

services and/or products and any and all updated, modified or revised services unless otherwise stipulated.

Shirk Designs Hair Accessories And Apparel does hereby reserve the right to cancel and cease offering any

of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that

Shirk Designs Hair Accessories And Appare slhall not be held liable for any such updates, modifications, revisions,

suspensions or discontinuance of any of our services and/or products. Your continued use of the services

provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of

such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all

applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently

in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided

Services forthwith.

Furthermore, the user understands, acknowledges and agrees that the services offered shall be provided "AS IS"

and as such Shirk Designs Hair Accessories And Apparel shall not assume any responsibility or obligation for the

missed delivery, deletion and/or any failure to store user content, communication or personalization

settings.

PRIVACY POLICY

Every member's registration data and various other personal information are strictly protected by the Shirk

Designs Hair Accessories And Apparel Online Privacy Policy (see the full Privacy Policy on our website). As a

member, you herein consent to the collection and use of the information provided, including the transfer of

information within the United States and/or other countries for storage, processing or use by Shirk Designs

Hair Accessories And Apparel and/or our subsidiaries and affiliates.

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all

local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting

and/or transferring of software, technology and other technical data may be subject to the export and import

laws of the United States and possibly other countries. Through the use of our network, you thus agree to

comply with all applicable export and import laws, statutes and regulations, including, but not limited to,

the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the

sanctions control program of the United States (http://www.treasury.gov/resourcecenter/

sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

a) are not on the list of prohibited individuals which may be identified on any government export

exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of

any other government which may be part of an export-prohibited country identified in applicable

export and import laws and regulations;

b) agree not to transfer any software, technology or any other technical data through the use of our

network Services to any export-prohibited country;

c) agree not to use our website network Services for any military, nuclear, missile, chemical or

biological weaponry end uses that would be a violation of the U.S. export laws; and

d) agree not to post, transfer nor upload any software, technology or any other technical data which

would be in violation of the U.S. or other applicable export and/or import laws.

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

Shirk Designs Hair Accessories And Apparel shall not lay claim to ownership of any content submitted by

any visitor or user, nor make such content available for inclusion on our website Services. Therefore, you

hereby grant and allow for Shirk Designs Hair Accessories And Apparel the below listed worldwide,

royalty-free and non-exclusive licenses, as applicable:

a) The content submitted or made available for inclusion on the publicly accessible areas of Shirk

Designs Hair Accessories And Apparel's sites, the license provided to permit to use, distribute,

reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network

Services is for the sole purpose of providing and promoting the specific area to which this content

was placed and/or made available for viewing. This license shall be available so long as you are a

member of Shirk Designs Hair Accessories And Apparel's sites, and shall terminate at such time

when you elect to discontinue your membership.

b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly

accessible areas of Shirk Designs Hair Accessories And Apparel's sites, the license provided to

permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said

Content on our network Services are for the sole purpose of providing and promoting the specific

area in which this content was placed and/or made available for viewing. This license shall be

available so long as you are a member of Shirk Designs Hair Accessories And Apparel's sites and

shall terminate at such time when you elect to discontinue your membership.

c) For any other content submitted or made available for inclusion on the publicly accessible areas of

Shirk Designs Hair Accessories And Apparel's sites, the continuous, binding and completely sublicensable

license which is meant to permit to use, distribute, reproduce, modify, adapt, publish,

translate, publicly perform and/or publicly display said content, whether in whole or in part, and the

incorporation of any such Content into other works in any arrangement or medium current used or

later developed.

Those areas which may be deemed "publicly accessible" areas of Shirk Designs Hair Accessories And

Apparel's sites are those such areas of our network properties which are meant to be available to the general

public, and which would include message boards and groups that are openly available to users.

CONTRIBUTIONS TO COMPANY WEBSITE

Shirk Designs Hair Accessories And Apparel provides an area for our users to contribute feedback to our

website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site,

you acknowledge and agree that:

a) your contributions do not contain any type of confidential or proprietary information;

b) Shirk Designs shall not be liable or under any obligation to ensure or maintain confidentiality,

expressed or implied, related to any Contributions;

c) Shirk Designs shall be entitled to make use of and/or disclose any such Contributions in any such

manner as they may see fit;

d) the contributor's Contributions shall automatically become the sole property of Shirk Designs; and

e) Shirk Designs is under no obligation to either compensate or provide any form of reimbursement in

any manner or nature.

INDEMNITY

All users herein agree to insure and hold Shirk Designs Hair Accessories And Apparel , our subsidiaries,

affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or

demand, which may include, but is not limited to, reasonable attorney fees made by any third party which

may arise from any content a user of our site may submit, post, modify, transmit or otherwise make

available through our Services, the use of Shirk Designs Services or your connection with these Services,

your violations of the Terms of Service and/or your violation of any such rights of another person.

COMMERCIAL REUSE OF SERVICES

The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial

reason any part, use of, or access to Shirk Designs's sites.

MODIFICATIONS

Shirk Designs Hair Accessories And Apparel shall reserve the right at any time it may deem fit, to modify,

alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or

without prior notice. In addition, we shall not be held liable to you or to any third party for any such

alteration, modification, suspension and/or discontinuance of our services, or any part thereof.

ADVERTISERS

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located

on or through our Services, which may include the payment and/or delivery of such related goods and/or

Services, and any such other term, condition, warranty and/or representation associated with such dealings,

are and shall be solely between you and any such advertiser. Moreover, you herein agree that Shirk Designs

Hair Accessories And Apparel shall not be held responsible or liable for any loss or damage of any nature

or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers

on our website.

LINKS

Either Shirk Designs Hair Accessories And Apparel or any third parties may provide links to other websites

and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any

such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any

content, products, advertising or any other materials, on or available from such third party sites or

resources. Furthermore, you acknowledge and agree that Shirk Designs Hair Accessories And Apparel shall

not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of,

caused or allegedly to be caused by or in connection with the use of or the reliance on any such content,

goods or Services made available on or through any such site or resource.

PROPRIETARY RIGHTS

You do hereby acknowledge and agree that Shirk Designs Hair Accessories And Apparel 's Services and

any essential software that may be used in connection with our Services ("Software") shall contain

proprietary and confidential material that is protected by applicable intellectual property rights and other

laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any

advertisements or information presented by and through our Services or by advertisers is protected by

copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is

expressly permitted by applicable law or as authorized by Shirk Designs Hair Accessories And Apparel or

such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast,

publicly perform and/or created any plagiaristic works which are based on Shirk Designs Hair Accessories

And Apparel Services (e.g. Content or Software), in whole or part.

Shirk Designs Hair Accessories And Apparel herein has granted you personal, non-transferable and nonexclusive

rights and/or license to make use of the object code or our Software on a single computer, as long

as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from,

reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell,

assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software.

Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as

such, not to use any modified versions of the Software, including and without limitation, for the purpose of

obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our

Services through any means other than through the interface which is provided by Shirk Designs Hair

Accessories And Apparel for use in accessing our Services.

WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

a) THE USE OF SHIRK DESIGNS HAIR ACCESSORIES AND APPAREL SERVICES AND

SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL

BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. SHIRK DESIGNS HAIR

ACCESSORIES AND APPAREL AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,

EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND

ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING,

BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b) SHIRK DESIGNS HAIR ACCESSORIES AND APPAREL AND OUR SUBSIDIARIES,

OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH

WARRANTIES THAT (i) SHIRK DESIGNS HAIR ACCESSORIES AND APPAREL SERVICES

OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) SHIRK DESIGNS HAIR

ACCESSORIES AND APPAREL SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED,

TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE

OBTAINED FROM THE USE OF THE SHIRK DESIGNS HAIR ACCESSORIES AND

APPAREL SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY

OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH

MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR

SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS

CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY

WAY OF SHIRK DESIGNS HAIR ACCESSORIES AND APPAREL SERVICES OR

SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND

AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND

ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR

COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR

FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY

SUCH INFORMATION OR MATERIAL.

d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT

MAY BE OBTAINED BY YOU FROM SHIRK DESIGNS HAIR ACCESSORIES AND

APPAREL OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE

ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF

EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR

BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE

USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY

UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE

SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE

YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE

CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS

WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE

TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY

MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SHIRK DESIGNS HAIR

ACCESSORIES AND APPAREL AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,

EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR

ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY

DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO

THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES,

EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID

DAMAGES MAY OCCUR, AND RESULT FROM:

a) THE USE OR INABILITY TO USE OUR SERVICE;

b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS

AND/OR DATA;

d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;

e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

RELEASE

In the event you have a dispute, you agree to release Shirk Designs Hair Accessories And Apparel (and its

officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other

third parties) from claims, demands and damages (actual and consequential) of every kind and nature,

known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way

connected to such dispute.

SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

Should you intend to create or to join any service, receive or request any such news, messages, alerts or

other information from our Services concerning companies, stock quotes, investments or securities, please

review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this

particular type of information, the phrase "Let the investor beware" is appropriate. Shirk Designs Hair

Accessories And Apparel's content is provided primarily for informational purposes, and no content that

shall be provided or included in our Services is intended for trading or investing purposes. Shirk Designs

Hair Accessories And Apparel and our licensors shall not be responsible or liable for the accuracy,

usefulness or availability of any information transmitted and/or made available by way of our Services, and

shall not be responsible or liable for any trading and/or investment decisions based on any such

information.

EXCLUSION AND LIMITATIONS

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN

WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR

CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF

SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO

YOU.

THIRD PARTY BENEFICIARIES

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there

shall be no third-party beneficiaries to this agreement.

NOTICE

Shirk Designs Hair Accessories And Apparel may furnish you with notices, including those with regards to

any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging,

postings on our website Services, or other reasonable means currently known or any which may be herein

after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing

our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you

are deemed to have received any and all notices that would have been delivered had you accessed our

Services in an authorized manner.

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the Shirk Designs Hair Accessories And Apparel

trademarks, copyright, trade name, service marks, and other Shirk Designs Hair Accessories And Apparel

logos and any brand features, and/or product and service names are trademarks and as such, are and shall

remain the property of Shirk Designs Hair Accessories And Apparel . You herein agree not to display

and/or use in any manner the Shirk Designs Hair Accessories And Apparel logo or marks without obtaining

Shirk Designs Hair Accessories And Apparel's prior written consent.

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES

Shirk Designs Hair Accessories And Apparel will always respect the intellectual property of others, and we

ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion,

Shirk Designs Hair Accessories And Apparel may disable and/or terminate the accounts of any user who

violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such

a way that would constitute copyright infringement, or if you believe your intellectual property rights have

been otherwise violated, you should provide to us the following information:

a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of

the copyright or other intellectual property interest;

b) A description of the copyrighted work or other intellectual property that you believe has been

infringed upon;

c) A description of the location of the site which you allege has been infringing upon your work;

d) Your physical address, telephone number, and email address;

e) A statement, in which you state that the alleged and disputed use of your work is not authorized by

the copyright owner, its agents or the law;

f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your

notice is truthful and accurate, and that you are the copyright or intellectual property owner,

representative or agent authorized to act on the copyright or intellectual property owner's behalf.

The Shirk Designs Hair Accessories And Apparel Agent for notice of claims of copyright or other

intellectual property infringement can be contacted as follows:

Mailing Address:

Shirk Designs Hair Accessories And Apparel

Attn: Copyright Agent

8194 West Deer Valley Road #106-290

Peoria, Arizona 85382

Email: info@shirkdesigns.com

GENERAL INFORMATION  ENTIRE AGREEMENT

This TOS constitutes the entire agreement between you and Shirk Designs Hair Accessories And Apparel

and shall govern the use of our Services, superseding any prior version of this TOS between you and us with

respect to Shirk Designs Hair Accessories And Apparel Services. You may also be subject to additional

terms and conditions that may apply when you use or purchase certain other Shirk Designs Hair

Accessories And Apparel Services, affiliate Services, third-party content or third-party software.

CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and Shirk Designs Hair Accessories And Apparel with regard to

the TOS that the relationship between the parties shall be governed by the laws of the state of Arizona

without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes,

arising out of or relating to the TOS, or the relationship between you and Shirk Designs Hair Accessories

And Apparel, shall be filed within the courts having jurisdiction within the County of United States Of

America, Arizona or the U.S. District Court located in said state. You and Shirk Designs Hair Accessories

And Apparel agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive

any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such

courts.

WAIVER AND SEVERABILITY OF TERMS

At any time, should Shirk Designs Hair Accessories And Apparel fail to exercise or enforce any right or

provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision

of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that

the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other

provisions of the TOS remain in full force and effect.

STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or

action arising out of or related to the use of our Services or the TOS must be filed within 1 year(s) after said

claim or cause of action arose or shall be forever barred.

VIOLATIONS

Please report any and all violations of this TOS to Shirk Designs Hair Accessories And Apparel as follows:

Mailing Address:

Shirk Designs Hair Accessories And Apparel

8194 West Deer Valley Road #106-290

Peoria, Arizona 85382

Email: info@shirkdesigns.com