Terms & Conditions

Welcome To The Oily Gathering

The Oily Gathering (“The Oily Gathering”) provides its services to you subject to the following notices, terms, and conditions. When you access or use The Oily Gathering (the “Site”) in any way, you are subject to these rules, guidelines, policies, terms, and conditions. The Oily Gathering may modify these terms at any time without notice, effective upon posting updated terms to the Site.

Intellectual Property

Unless otherwise noted, product names, designs, logos, titles, text, images, audio and video
within this Site are the trademarks, service marks, trade names, copyrights or other property of The Oily Gathering ("The Oily Gathering Intellectual Property"). All other unregistered and registered trademarks are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of The Oily Gathering's Intellectual Property displayed on the Site without the written permission of The Oily Gathering.

Use Of This Site

This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold,
or otherwise exploited for any commercial purpose that is not expressly permitted by The Oily Gathering in writing. The Oily Gathering and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if The Oily Gathering believes that customer conduct violates applicable law or is harmful to the interests of The Oily Gathering and its affiliates.

No Warranties; Limitation Of Liability

THIS SITE IS PROVIDED ON AN "AS IS" BASIS. THE OILY GATHERING MAKES NO REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AS TO THE OPERATIONS OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. The Oily Gathering also assumes no responsibility, and shall not be liable for any such damages to or viruses that may infect, your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site or any linked websites.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OILY GATHERING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL THE OILY GATHERING BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN TORT OR CONTRACT.

Links To Third-Party Websites And Unaffiliated Products

The linked websites are not under the control of The Oily Gathering and The Oily Gathering is not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. The Oily Gathering is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Oily Gathering of the website. Descriptions of, or references to, products, publications or websites not owned by The Oily Gathering or its affiliates do not imply endorsement of that product, publication or linked website. The Oily Gathering has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other websites is at your own risk.

Submissions of User Content/Custom Orders

You are responsible for any information, messages, text, files, images, photos, videos, music, sounds, or other content or materials (“User Content”) that you submit, upload, post, or otherwise provide or make available to The Oily Gathering or its affiliates, distributors, vendors, or licensees on or through this Site or otherwise (“Submissions”).



You agree and acknowledge that any Submission and any ideas, concepts or know how contained therein, is non-confidential, may be made available to the general public, may not be returned, and may be used by The Oily Gathering for any purpose, including, without limitation, developing, manufacturing, distributing and marketing products.

 

By making a Submission/Order, you grant, and you represent and warrant that you have the right to grant, The Oily Gathering and its affiliates, distributors, vendors, and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt,
publish, sell, assign, translate, create derivative works from, distribute, perform, and display any Submission in any manner and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You also irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or
integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.



You represent and warrant that you own or otherwise control any rights to your Submission and any and all elements hereof; that you have the rights from any and all third parties appearing in such Submission to grant the license contained in these terms for such third parties' names, images, or likenesses and any other third party-owned elements of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, without limitation, copyrights, trademarks, rights of publicity/privacy, patent, trade secret, or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules, and regulations, and any third-party agreements to which you are subject.



You may not use false contact information, impersonate any person or entity, or otherwise mislead The Oily Gathering as to the origin of any Submission.

 

You agree to indemnify The Oily Gathering and its parents, affiliates, distributors, vendors, licensees, and licensors, and each of our or their respective officers, directors, employees, successors, agents, and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon infringement, misappropriation, invasion of privacy, defamation, right of publicity, and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person's or entity's name, image, likeness, statements, or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these terms or applicable laws. The foregoing indemnification provision shall not apply to The Oily Gathering’s own negligence or intentional conduct.



You acknowledge and agree that The Oily Gathering has no control over, and shall have no liability for any damages resulting from, the use or misuse by any third party of any Submission.

User Conduct

You are prohibited from posting, transmitting, or otherwise making any Submission of User Content that is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The Oily Gathering will fully cooperate with any law enforcement authorities or court order requesting or directing The Oily Gathering to disclose the identity of or help identify or locate anyone posting any such information or materials.

Custom Products Terms And Conditions

All Submissions are subject to all Site terms, including the Submission of User Content and User Conduct sections above.  By placing an order for custom products, you agree to these terms.

 

As a reminder, Submissions may not contain: (a) content that may infringe the intellectual property rights of someone else (e.g., brand names or logos, team logos or mascots, or photographs or artwork created by someone else); (b) a name or likeness associated with someone else, unless you have that person’s consent;
or (c) content that is or may be unlawful, discriminatory, abusive, harassing, libelous, vulgar, profane, defamatory, obscene, threatening, sexually explicit, hateful, or otherwise objectionable. The Oily Gathering reserves the right to reject any Submissions that contain any of the foregoing or which are otherwise unacceptable to The Oily Gathering.


Custom orders may not be cancelled and may not be returned.

Risk Of Loss

All items purchased from The Oily Gathering are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

United States Governing Law

This Site was developed in the United States of America in accordance with and shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of, the laws of the State of Oklahoma, United States of America. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries.
References to a particular product or service do not imply that The Oily Gathering intends to make such products or services available in such
countries.