Terms of Use

Last Update: January 16, 2010

Terms of Use

These Terms and Conditions of Use apply to all products, services and websites offered by Ratatat Graphics LLC.

When you access, browse, or use this Site you accept, without limitation or qualification, the terms and conditions set forth below and
any additional terms and conditions of use set forth in any subsite.

Your Right to Use the Site and Its Contents

This Site is only for your personal use. You may not distribute, exchange, modify, sell, or transmit anything you copy from this Site, including but not limited to any text, images, audio, and video, for
any business, commercial, or public purpose. As long as you comply with the terms of these Terms and Conditions of Use, Ratatat Graphics LLC grants you a non-exclusive, non-transferable, limited right to enter, display, and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.

Types of Payments

We currently accept payments through PayPal.

Returns

All sales are final. However, if a customer’s order was made improperly due to the sole fault of Ratatat Graphics LLC & Hey, Rockstar, the unsatisfactory products will be replaced and shipped free of charge to the customer. All claims must be made within 10 days of the postmarked order ship date and are subject to approval by Ratatat Graphics LLC.

Order Content Submitted by Customer

Any and all information submitted to Ratatat Graphics LLC and Hey, Rockstar by the customer is certified to be true and accurate including but not limited to shipping & billing information, email information, order content, and contact information. We cannot be responsible for any errors in spelling, language, color schemes, digital artwork, or any other order variables due to inaccurate information provided by the customer.

All Artwork Submissions/Copyright & Trademarks

By submitting artwork to Ratatat Graphics LLC and Hey, Rockstar the customer certifies that they are the creator, rightful owner, or is authorized under license or similar written permission for use of any trademarked or copyrighted logos or other properties contained within their art. The customer also agrees not to submit artwork that is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, harassing, hateful, embarrassing, pornographic, profane, sexually explicit, or indecent; or constitutes or encourages conduct that would constitute a criminal offense, potentially give rise to civil liability (including claims of defamation and/or libel), or otherwise violate the local, state, or national laws of any country.


The customer assumes full responsibility for any legal actions taken against or damages caused to Ratatat Graphics LLC including, but not limited to, reasonable attorneys fees and all court costs.

Canceled Orders

A 10% order cancellation fee will be applied to any refunds on canceled orders. Orders cannot be canceled if production has already begun.

Ownership

All materials on this Site, including but not limited to audio, images, text, and video clips (the "Content"), are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content. There are a number of proprietary logos, service marks, and trademarks found on this Site. By making them available on this Site, Ratatat Graphics LLC is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. If you download any Content from this Site, you may not remove any copyright or trademark notices or other notices that go with it.

User Submitted Material

If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions, or the like, all such communications are, and will be
treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way Ratatat Graphics LLC uses such material.
As a Ratatat Graphics LLC account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Ratatat Graphics LLC does not guarantee any confidentiality with respect to any User Submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Ratatat Graphics LLC to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Ratatat Graphics LLC, you hereby grant Ratatat Graphics LLC a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Ratatat Graphics LLC Website and Ratatat Graphics LLC's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Ratatat Graphics LLC Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Ratatat Graphics LLC Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Ratatat Graphics LLC Website. You understand and agree, however, that Ratatat Graphics LLC may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Ratatat Graphics LLC all of the license rights granted herein.

Ratatat Graphics LLC does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Ratatat Graphics LLC expressly disclaims any and all liability in connection with User Submissions. Ratatat Graphics LLC does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Ratatat Graphics LLC will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Ratatat Graphics LLC reserves the right to remove Content and User Submissions without prior notice.

Furthermore, Ratatat Graphics LLC is free to use, without any compensation to you, any concepts, ideas, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. However, you agree and understand that Ratatat Graphics LLC is not obligated to use any such ideas or materials, and you have no rights to compel such use.

Transmitted Material

Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code).
Sending a message to Ratatat Graphics LLC does not cause Ratatat Graphics LLC to have any special responsibility to you.

Links

This website may contain links to other Internet sites on the World Wide Web. Ratatat Graphics LLC provides such links for your convenience only, and is not responsible for the content of any website
linked to or from this Site. Links from this Site to any other website do not mean that Ratatat Graphics LLC approves of, endorses, or recommends that website. Ratatat Graphics LLC disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.

Contests

This Site may contain contests that offer prizes or that require you to send in material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter.

Rules for Kids (Under Age 16)

 If you are under 16, you should ask your parents or a guardian before you:


• E-mail the Site, or ask us to e-mail anything to you
• Send in any information
• Enter any contest or game that requires information about you or offers a prize
• Join any club or group
• Buy anything online


Availability of Products and Services

The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular location. You should check with a Ratatat Graphics LLC authorized representative for the availability of specific products and services in your area.

Right to Change These Terms of Use or Content on the Site

Ratatat Graphics LLC may add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. Ratatat Graphics LLC may add, change, discontinue, remove, or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

Indemnification

You agree to indemnify, defend, and hold Ratatat Graphics LLC and all of its agents, directors, employees, information providers, licensors and licensees, officers, and parent (collectively, "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in Ratatat Graphics LLC's defense of any claim. Ratatat Graphics LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Ratatat Graphics LLC.

Disclaimer of Warranties and Damages; Limitation of Liability

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SIT (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE, RATATAT GRAPHICS LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR 
PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO
YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO RATATAT GRAPHICS LLC'S NEGLIGENCE, SHALL RATATAT GRAPHICS LLC BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, 
INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF RATATAT GRAPHICS LLC OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS 
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL RATATAT GRAPHICS LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.

General Provisions

These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between Ratatat Graphics LLC and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Wisconsin, United States of America, without reference to its conflicts of law rules.