Welcome to CustomShirts.com! You may use the website, content, services and applications operated by CustomShirts LLC (the "Website") on the condition that you abide by the following terms and conditions. BY ACCESSING, BROWSING OR USING THIS SITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE, TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. You agree that you accept these Terms electronically, which have the same force and effect as an agreement in writing.
You understand and agree that we may modify these Terms at any time in order to adapt to changes with the Website, laws, and products and services we offer. Therefore, we urge you to check these Terms periodically for changes. We will notify our users of any material changes to these Terms before the changes take effect. Your continued use of the Website after we notify or post changes to these Terms will mean you accept those changes. CustomShirts LLC ("Custom Shirts") reserves the right to modify or discontinue any aspect of this Website at any time and without notice to you.
1. Limited License to Use Materials. In connection with the creation, hosting, maintenance and/or display of the Website, including the services, product features and offerings at the Website, Custom Shirts uses certain Custom Shirts proprietary materials or other materials licensed to Custom Shirts, including, but not limited to, software, HTML code, scripts, text, artwork, photographs, images, video, audio (which could also include music and lyrics), User Submissions (as defined below), trademarks, service marks and trade names (collectively, "Materials") that are protected by copyright and trademark laws and other U.S. and international laws and treaties. Such Materials may be used by you solely for your informational and personal, noncommercial purposes. No right, title or interest in the Materials is conveyed to you, except as expressly provided herein. Your limited license to use the Materials is further subject to the following restrictions: (1) except as expressly provided, you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the Website or any of its Materials without our prior written permission; (2) you may not access or use the Website for any purpose that competes with Custom Shirts; and (3) you must retain all copyright and other proprietary notices contained on the Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of the Materials is strictly prohibited. Custom Shirts may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Custom Shirts. You acknowledge that your use of Materials may require the use of other hardware and software products and that such hardware and software is your responsibility. You agree not to access any of the Materials through any technology other than the authorized means at the Website or other explicitly authorized means Custom Shirts may designate.
2. Trademarks. Custom Shirts retains all rights regarding its trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Custom Shirts and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these Terms or by your use of the Website. Your misuse of the trademarks displayed on the Website is strictly prohibited. You are also advised that Custom Shirts will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
3. Special Notice. Custom Shirts has a no-tolerance policy regarding the use of its trademarks or names in metatags and/or hidden text. Specifically, the use of its trademarks or names in metatag keywords or in search engine tags or links is trademark infringement, and the use of trademarks or names in page text, metatags and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any page on our Website is prohibited without our express written permission. Framing, inline linking or other association of our Website or its materials with links, advertisements and/or other information not originating from our Website is also prohibited.
4. Products. All features, specifications, products and prices of products and services described on this Website are subject to change at any time without notice. From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Custom Shirts makes no representation to the completeness, accuracy, or currency of any information on this Website. Custom Shirts reserves the right to make changes in information about price, description, or availability without notice. While Custom Shirts has made every effort to display as accurately as possible the colors of its products that appear on the Website, the actual color you will see will depend on your computer, and Custom Shirts cannot guarantee that your computer will accurately display Custom Shirts' colors. The inclusion of any products or services on this Website does not imply or warrant that these products or services will be available at any particular time.
5. User Submissions. The Website may from time to time permit the submission of user-submitted text, artwork, photographs, product ideas, video, audio, and images ("User Submissions"). You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, Custom Shirts does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on the Website.
By submitting User Submissions, you hereby grant to Custom Shirts an unrestricted, nonexclusive, perpetual, royalty-free, worldwide, transferable and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the Internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes, without any payment to or further authorization by you. Under the license granted herein, Custom Shirts shall be free to use any ideas or concepts contained in the User Submissions without further attribution, compensation or notice to you. Custom Shirts does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein.
In connection with User Submissions, you affirm, represent, and warrant to Custom Shirts that: (i) the content of your User Submission(s) is original (no lifts from previously published material, including music); (ii) you own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to Custom Shirts as set forth above; (iii) use of your User Submission(s) on the Website or otherwise by Custom Shirts, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; and (iv) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow Custom Shirts to utilize the User Submission(s) without compensation or objection. For clarity, Custom Shirts does not claim ownership of your User Submissions.
You further agree that you will not submit any material, communications or content 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(s) to do the same and to grant Custom Shirts all of the license rights granted herein.
Custom Shirts does not permit copyright infringing activities on the Website, and Custom Shirts may remove any Materials if properly informed that any such Materials infringe on another's copyright rights. Custom Shirts will terminate a user's ability to submit User Submissions if, under appropriate circumstances, such user is determined to be a repeat infringer. Custom Shirts also reserves the right to determine in its sole discretion whether User Submissions are appropriate and comply with these Terms and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any User Submissions. Custom Shirts reserves the right to terminate your access to the Website for uploading or attempting to upload such material in violation of the foregoing.
6. Prohibited Uses of Website and Services. You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) impersonate any person, business or entity, including our company and our employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of Custom Shirts, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or Custom Shirts related services and products.
7. Notice of Copyright Infringement. If you are a copyright owner or an agent thereof and believe that any Material (including any User Submission) infringes upon your copyrights, you may notify Custom Shirts by providing the following information in writing:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
2. Identification of the location where the original or an authorized copy of the copyrighted work exists;
3. Identification of the Material (including a User Submission) that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Custom Shirts to locate the same;
4. Information reasonably sufficient to permit Custom Shirts to contact you, such as an address, telephone number, and, if available, an email address;
5. A statement that you have a good faith belief that use of the Material (including a User Submission) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
Our agent for notice of claims of copyright infringement can be reached as follows:
By Email: [email protected]
You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.
8. Notices and Consent to Electronic Delivery of Notices. You consent to receive all communications, including notices, agreements, legally required disclosures or other information in connection with these Terms or your use of the Website and related services (collectively, "Notices"), electronically (e.g., email) from Custom Shirts or by other means to other address(es) that you have provided to Custom Shirts. You agree that Custom Shirts may send you electronic Notices by (a) email to an email address you provide or have provided to Custom Shirts, and/or (b) by posting the Notices on a main page of the Custom Shirts Website or other Web page designated by Custom Shirts for this purpose. You must check your designated email address regularly for Notices from Custom Shirts. The delivery of any Notice from Custom Shirts is effective when sent (or posted) by Custom Shirts, regardless of whether you read the communication when you receive it.
9. Links. As a courtesy to you, we may provide links or references to websites which are not operated or controlled by Custom Shirts. Please keep in mind that Custom Shirts will not be responsible for the information, products or services provided on such other sites and will not be liable for any damages arising from your access to such sites. The inclusion of any such links in the Website does not imply an endorsement of any other party's site or its content.
10. Disclaimer of Warranty. CUSTOM SHIRTS DOES NOT PROMISE THAT THE WEBSITE OR ANY MATERIALS, CONTENT, SERVICES, PRODUCTS OR FEATURES OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE, THE MATERIALS, THE CONTENT AND THE RELATED SERVICES AND PRODUCTS ARE PROVIDED TO VISITORS AND USERS 'AS IS' AND 'AS AVAILABLE.' CUSTOM SHIRTS HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES REGARDING THE WEBSITE, THE MATERIALS, THE CONTENT AND THE RELATED SERVICES AND PRODUCTS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties, and in such jurisdictions, the foregoing disclaimer may not apply to you.
You understand that, when viewing or otherwise using the Website, you may be exposed to Materials from a variety of sources, and that Custom Shirts is not responsible for and disclaims all liability relating to the accuracy, usefulness, appropriateness, safety, or intellectual property rights of or relating to such Materials. You further understand and acknowledge that you may be exposed to Materials that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Custom Shirts with respect thereto.
11. Limitations of Liability. IN NO EVENT WILL CUSTOM SHIRTS BE LIABLE TO YOU OR ANY ENTITY OR PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, MATERIALS, CONTENT OR ANY OTHER RELATED SERVICES OR PRODUCTS, OR FOR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, AND INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION, MATERIALS OR CONTENT UPLOADED, AVAILABLE FOR VIEWING, AND/OR DOWNLOADED, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORIES OF LIABILITY EVEN IF CUSTOM SHIRTS IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted, and in such jurisdictions, the foregoing limitations on liability may not apply to you.
12. Indemnity. You agree to indemnify, defend and hold harmless Custom Shirts, its affiliates, officers, directors, employees, agents, successors and assigns, from and against any and all claims, damages, losses, liabilities, costs and expenses (including but not limited to attorneys' fees) arising from or related to: (a) your use of the Website; (b) your violation or breach of any material term of these Terms; or (c) your violation of any third-party right, including without limitation any copyright, property, privacy or publicity right. This indemnification, defense and hold harmless obligation will, notwithstanding anything to the contrary, survive these Terms and your use of the Website.
13. International Users. The Website is controlled and offered by Custom Shirts from its facilities in the United States. Custom Shirts makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
14. Miscellaneous. These Terms shall be governed by the laws of the State of Ohio, without giving effect to its conflict of laws provisions. You may only use the Website for noncommercial purposes. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Custom Shirts without restriction. If any of these terms or conditions shall be deemed invalid or unenforceable for any reason, the remainder of these terms and conditions shall remain enforceable and unaffected thereby. In the event of a violation of these Terms Custom Shirts reserves the right to seek all remedies available by law or in equity. All rights not expressly granted are reserved and retained by CustomShirts LLC.
Last Updated on: November 26, 2009