Effective as of April 1, 2014
Buildtshirt.com offers a variety of products and services to build our customers awareness and message of their organization. Any design created on this site will be referred to as “content” or “design” for the purpose of the agreement. The following describes the terms under which Build tshirt llc. (“BuildTshirt,” “we,” “our,” or “us”) provide the http://buildtshirt.com website or the “Service” to you.
BuildTshirts.com reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time.
The Service may contain links or advertised web site links to other affiliated or independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under buildtshirt.com control, and buildtshirt.com is not responsible for and does not necessarily endorse the content or practices of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
The buildtshirt.com website allows you to design and order your own custom T-shirts and apparel, and upload files or photos that show off your designs.
The use of this site is governed by the terms and conditions set forth in this agreement. This website allows individuals that have an appropriate relationship or authority with either (i) institutions of higher learning, fraternal organizations, honor societies and other collegiate groups (collectively, “Institutions”); (ii) corporations and small businesses; (iii) elementary and secondary schools; or (iv) other organizations, to design and purchase custom merchandise properly describing that relationship. You understand that by using the Site and the Service, you have agreed to the terms and conditions of this Agreement and you agree to use the Site and the Service solely as provided in this Agreement. Please direct any questions about this agreement to [email protected]
COPYRIGHT & TRADEMARKS
Buildtshirt.com reserves the right to request copies of license agreements for any graphics, logos, trademarks, trade names, icons or images for which the rights to reproduce are suspect. We do not supervise the uploading of artwork or materials to this site, but we will request the appropriate documentation for any material that we believe to be copyrighted or trademarked. Buildtshirt.com reserves the right to refuse to reproduce any design that we deem unlawful, obscene, or threatening. Furthermore, we reserve the right to refuse to reproduce any materials that infringe upon trade secrets, patents, trade names, copyrights, right of publicity, intellectual property right. You acknowledge that buildtshirt.com may review Your order, and the content it contains, for adherence to the guidelines and terms and conditions set forth in this agreement. You agree that You are responsible for all risks associated with the content of Your work, including accuracy. You acknowledge that You are completely responsible for the creation of Your content, and that neither buildtshirt.com nor any company involved with the production of Your order assumes any responsibility for that content.
The buildtshirt.com Service is intended for adults only. You must be 18 years of age or older – or have the consent of your parent or guardian – to use the Service or the http://buildtshirt.com website. In accordance with Federal Children’s Online Privacy Protection Act of 1998 (COPPA), buildtshirt will never knowingly solicit, nor will we accept, personally identifiable information from members known to be under thirteen (13) years of age.
Buildtshirt.com recognizes that you have a right to privacy, and we will not give or sell anyone specific information about you or any orders you have placed through the Buildtshirt.com Service except that: (i) Buildtshirt.com may share information about you or an order that you have placed with a relevant Institution in order to allow such Institution to review the use of the Licensed Marks as necessary; (ii) buildtshirt.com may share information about you with its marketing partners and affiliates for purposes of marketing for Buildtshirt.com In addition, Buildtshirt.com may share information about you or your order if we believe in good faith that disclosure of specific information is necessary to (a) resolve disputes, investigate problems, or enforce our User Agreement; (b) comply with relevant laws or respond to requests from law enforcement or other government officials relating to investigations or alleged illegal activity (in which case we can, and you authorize us to, disclose personal information without subpoenas or warrants served on us); or (c) protect and defend our rights or property or the rights and property of you or third parties. Buildtshirt.com may employ third party cookies for advertising purposes.
Buildtshirt.com realizes that with any purchase on this site it will require to release some personal information through the internet. We will take every reasonable step to protect Your personal information, but nothing is 100% safe. Despite the use of secure server software, there is always a possibility that information can be intercepted by outside individuals. Buildtshirt.com cannot guarantee absolute confidentiality or security. In the event that law officials request information regarding Your account or Your Designs, Buildtshirt.com may need to release some of Your information as required by law.
These terms and conditions are governed by the laws of the State of New Jersey. Any links contained within this site are for Your convenience only, and You can access these sites at Your own risk.
You agree to indemnify, defend and hold Buildtshirt.com , its ownerss, employees, and affiliates harmless from and against any claims, damages, losses, or expenses (including attorney’s fees) that incur directly or indirectly from; (I) Your breach of these Terms and Conditions; (II) any allegation that any materials You provided constitute infringing materials; (III) or Your activities on buildtshirt.com’s website.
Buildtshirt.com does not assume any liability for the actions of our shipping carriers. Any claim for shortage, damaged box or materials, lateness or misdelivery must be made directly with that carrier.
Cancellation Policy (Returns or Refunds)
At buildthshirt.com , we strive to ensure that goods ordered through the Service are acceptable to our customers. Apparel you design or order through the Service are custom and unique to you.
Cancellations after printing has begun. Because of the custom nature of these goods, we do not allow cancellations once we begin an order. An order can enter the printing process in 1 day after they are placed on our website.
Cancellations before printing has begun. We allow cancellations on orders that (i) have been processed but (ii) have not yet begun the printing process. Cancellations in the early phase are subject to a twenty percent (20%) cancellation fee of the order total. (The cancellation fee is associated with preparing for an order, including artwork processing, prepress processing, returning material costs.) Orders are processed in minutes after they are placed on our website, and can enter the printing process as early as 1 business day after they are placed on our website.
Refunds and exchanges. We do not accept refunds or make exchanges after an order has been printed and/or shipped. If, upon receipt of your finished merchandise, you feel that your order was incorrect due to an error on our part, please contact us with a claim within 14 days of your delivery date. Claims are handled individually on a case-by-case basis.
Buildtshirt.com treats our employees with respect and dignity, and we have created a safe environment to work in. Buildtshirt.com supports high standards for manufacturing labor conditions. Accordingly, we seek to work with suppliers who promote such standards within their operations.
If any part of this agreement is invalid, illegal, or unenforceable under the rule of law or any applicable statutes, such provision will be amended aiming to attain the same financial effect as was originally intended and it will not invalidate any other provisions.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, AND ANY GOOD OR SERVICE ORDERED THROUGH THE SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BUILDTSHIRT.COM AND ITS SUBSIDIARIES, OWNERS, EMPLOYEES, AND LICENSORS (THE “BUILDTSHIRT.COM AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. BUILDTSHIRTS.COM DOES NOT ASSUME ANY LIABILITY FOR MISSPELLINGS, OMISSIONS, MISTAKES, FALSEHOODS, SLANDER, LIBEL, INFRINGEMENTS OR PROFANITY ASSOCIATED WITH A DESIGN YOU CREATE. THE INFORMATION, SERVICES, PRODUCT AND MATERIALS OFFERED THROUGH THIS SITE INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN ‘AS IS’ BASIS WITH NO WARRANTY. USE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS ON THIS SITE IS AT THE USERS SOLE RISK.
BUILDTSHIRTS.COM AND THE BUILDTSHIRTS.COM AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED.
ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED, VIEWED, SHARED, OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOADING, VIEWING, SHARING, OR OTHERWISE ACCESSING OF SUCH MATERIAL. NO ADVICE, REPRESENTATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BUILDTSHIRTS OR THROUGH THE HTTP://BUILTSHIRT.COM WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT BUILDTSHIRT.COM AND BUILDTSHIRT.COM AFFILIATES WILL NOT BE LIABLE FOR ANY PERSON OR ENTITY FOR DIRECT, SPECIAL CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR OTHER INDIRECT DAMAGES INCURED BY YOU UNDER ANY THEORY OF LAW (I) ARISING OUT OF USER’S USE OF THIS WEBSITE IN ANY MANNER; (II)FOR AN ERRORS IN THE INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS VIA THIS WEBSITE; (III) FOR THE PROVISION OR USE OF ANY INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS VIA THIS WEBSITE INCLUDING WITHOUT LIMITATION, DAMAGES IS NOT LIMITED TO LOST OF PROFITS, GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF EVEN IF YOU HAVE ADVISED BUILDTSHIRT.COM OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT BUILDTSHIRTS.COM AND THE BUILDTSHIRTS.COM AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE INFRINGING, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
This Agreement shall be governed by the laws of the State of New Jersey and, where applicable, by federal law.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, BUILDTSHIRTS.COM AND THE BUILDTSHIRTS.COM AFFILIATES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.