Terms and Conditions
By using or accessing Design A Shirt, L.L.C.’s website located athttps://www.DesignAShirt.com(the “Website”), you agree to these terms and conditions (the “Terms”). Your use of the Website, as well as Design A Shirt, L.L.C.’s related shirt design and printing services (the “Services”), are governed by these Terms. You do not have permission to use the Website or the Services but for your agreement to the Terms. This site is the property of Design A Shirt, L.L.C. (referred to herein as “DesignAShirt”, “We”, “Us”, and “Our”). You acknowledge that your use of the Website or Services is conditioned on your agreement to the Terms. You further acknowledge that your agreement to and promise to comply with all of the Terms is and was material to Our grant to you of permission to use the Website and Services. You further agree we may revise these Terms at any time by displaying amended terms and conditions on Our Website, and that your use of the Website or Services after such display constitutes your acceptance of any amended terms and conditions.
You represent and warrant that you will only use the Website and Services for your own personal, non-commercial purposes, or for the personal, non-commercial purposes of another person or entity on whose behalf you are authorized to act.
We value your business and trust and are committed to ensuring the privacy of Our customers.
During the course of your use of the Website and Our Services, we may collect personal information from you. We also may collect information about you from third parties and other persons using the Website or Our Services. You agree We may use any information we collect about you to facilitate our provision of Services to you, including to send you marketing offers; for research and analytical purposes; and to comply with any laws or regulations (e.g., responding to a subpoena) or respond to governmental requests for information. You also agree We may use any information we collect about you in connection with investigation of suspected violations of these Terms, to enforce these Terms, and as evidence in any litigation in which We become involved. And you agree We may use information we collect about you in connection with the sale or acquisition of any Our assets, and that We may assign or transfer Our rights and obligations under these Terms to a third party related to such a sale or acquisition.
Notwithstanding any other provision in these Terms, We commit to you that We will not sell information we collect from you to anyone else for any reason.
You agree though that We may share information we collect about you with the following:
- Our affiliates. You agree our affiliates may use such information for their own purposes, which may include marketing purposes.
- Our service providers. You agree We may share such information with anyone who performs functions on our behalf, such as fulfillment or mailing services.
- Other unaffiliated third parties. As previously noted in these Terms, We may send you marketing offers based on information about you. Such marketing offers may be sent on behalf of third parties. Also, you agree We may share information about you directly with third parties, including so that they may send you marketing offers directly. And you agree we may share anonymous or aggregate information related to you with third parties, including to assist in their decision regarding whether to advertise on the Website or elsewhere.
If you wish to opt out of receiving electronic marketing communications from Us, you may do so by: (1) following the opt-out instructions contained within the body of any email you receive from Us; (2) contacting us and requesting that you no longer receive electronic communications from Us; or (3)CLICKING HEREto log in to your account and change your subscription status to opt-out. Please note that it takes time for Us to process any opt-out request you make, and that even if you opt out of receiving marketing communications from Us, We may still send you transactional electronic communications, such as ones about Services you have requested from Us.
If you wish to update information We have collected about you or cancel your account with Us, you must contact us through the contact information specified below. You agree We have the right to maintain copies of any information We collect about you even after you have updated or cancelled your account with Us.
California’s “Shine the Light” law may permit users of the Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, you must contact us in writing at the contact information specified below.
Cookies and Other Tracking Mechanisms/Remarketing
You agree We may automatically collect information about you through the use of information gathering tools and tracking technologies. The tools and technologies We may use include cookies, web beacons/clear graphics interchange format images, and local storage objects.
To find out more about how Google uses any data it collects please visithttp://www.google.com/privacy_ads.html. Any information collected is used only for remarketing purposes and will not be used by them for any other purpose.
Furthermore you can choose Do Not Track to opt out of being served ads by websites you have not visited at the browser level here.
How to turn on Do Not Track:
To find out more about how Google uses any data it collects please visithttp://www.google.com/privacy_ads.html.Any information collected is used only for remarketing purposes and will not be used by them for any other purpose.
Note that Our Website may not respond to do not track signals, though you may be able to disable certain tracking, as discussed above.
We realize Our customers trust us to protect their personal information, and we take the task seriously. We rely largely on electronic communication methods, including e-mail and electronic data transmission. We use encryption and authentication tools on our site to help protect your credit card information. Every page in this site requesting credit card information uses industry-standard Secure Socket Layer (SSL) encryption designed to render information unreadable if it is intercepted. Even with these efforts, however, there is always the risk that information on the internet may be unlawfully intercepted by third parties. We urge you to protect your privacy by signing off your account when you have finished ordering, especially if you are sharing a computer or using one in a public space. We carefully guard the security of these communications by using encryption and firewall technology, but We cannot guarantee complete security. As a user of the Website, you acknowledge and agree to the following:
- All data, including e-mail, electronic communications, and personal data, when transmitted via the Internet, network communication facilities, telephone, or any other electronic means, may be accessed by unauthorized third parties
- We are not responsible for notifying you of any upgrades, fixes, or enhancements to any data protection software or for any compromises of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet.
- We are in no way responsible for any malfunctions or breakdown in communications for which We do not have complete control.
We endeavor to deliver orders within 10 days, but delivery times do vary—particularly during holidays. Any customer needing to receive a delivery by a specific deadline must contact Us. Further, you agree that We are not responsible for delivering an order in the event We receive inaccurate shipment or payment information from you, or the payment information you provide fails (such as because a payment is not processed by your financial institution).
When you visit the Website or send emails to Us, you are communicating with Us electronically. By communicating with Us, you consent to receive communications from Us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that We provide to you electronically, including through postings on the Website, satisfy any legal requirement that such communications be in writing.
Copyrights & Trademarks
Unless otherwise noted, all content included on the Website, such as text, graphics, logos, button icons, images, audio and video clips, digital downloads, data compilations, and software, is the property of Design A Shirt, L.L.C. or its affiliates, or licensed by Us from third parties, and is protected by United States and international copyright laws, as well as other laws. The compilation of all content on this site is the exclusive property of Design A Shirt, L.L.C. and protected by U.S. and international copyright laws, as well as other laws. All software used on this site is the property of DesignAShirt or its software suppliers and protected by United States and international copyright laws.
Some of the digital art available in Our design studio is the property of Studio Desset. This art may only be used by Us for use in the production of custom decorated products provided by Us, no other permission for reproduction is granted.
Our grant of permission to you to use the Website and Our Services is conditioned upon your promise not to resell commercially any product you acquire from Us. If you wish to resell commercially any product we supply, you promise to seek express written permission from before doing so.
You may not use any meta tags or any other ‘‘hidden text’’ utilizing Our name or any of Our other trademarks without Our express written consent.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to DesignAShirt.com so long as the link does not portray DesignAShirt or Our affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
We respect the intellectual property of others, and we expect Our customers to do the same. You represent and warrant to DesignAShirt and its affiliates that the use of any material you provide does not and will not violate or infringe the rights of any other person or entity (including copyright, moral rights, patent, privacy rights, personality rights, or trademark), and that you have all the rights and permissions necessary for Us to use any material provided. DesignAShirt has the right but not the obligation to monitor and edit or remove any activity or content that violates these policies.
Any third-party that believes its work has been used in a manner that constitutes trademark, copyright, or patent infringement, should notify Us and provide all of the following information: (a) identification of each trademark, copyrighted work, or patent claimed to have been infringed; (b) identification of the claimed infringing material or conduct in sufficient detail for Us to identify it, including on the Website; (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the trademark, copyright or patent, or their agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright, trademark, or patent owner, or authorized to act on the owner’s behalf; and (f) your physical or electronic signature.
You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but have no obligation) to remove or edit such content, but We do not regularly review posted content.
DesignAShirt does sell products for children, but it intends to only sell such products to adults. Therefore, if you are under the age of 18, you may use the Website only with the consent and direct supervision of a parent or guardian, and such parent or guardian’s consent to a minor’s use of the Website constitutes their assent to these Terms. Anyone learning that a child under the age of thirteen has provided personal information to Us may contact Us so that we can take actions to delete any such information.
Right to Refuse Service
You agree that We and Our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in Our sole discretion. For example, it is Our policy not to print shirt designs that in Our opinion may violate the intellectual property rights of others; encourage violence or hate against individuals or groups; attack, harass, or defame others based on race, religion, ethnicity, gender, disability, national origin, or sexual identity; include hate speech or symbols; promote, feature, or encourage the use of illegal activities; feature explicit sex acts or nudity of a non-artistic or health/medical nature; or include sexually suggestive images or text involving minors. And We may refuse to print shirt designs that in Our opinion include crass vulgarity, lewd language, or swear words; or feature implicit sex acts; have a sexually connotation or tone, including sexual innuendo; involve violent terms or images even if not directed at an individual or group, such as historical images of violence; might cause public outrage or inspire violence due to a recent event; include other content that would be offensive to the community.
PROVIDING CONTENT TO THE WEBSITE
While using the Website or Our Services, you may communicate reviews, comments, photos, or other content, and submit uploaded artwork, designs, suggestions, ideas, questions, or other information. You agree that when you do so, no content or information will be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and will not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ‘‘spam.’’ You also agree that unless We indicate otherwise, you grant Us and Our affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any such content or information anywhere. You grant Us and Our affiliates and sub-licensees the right to use the name that you submit in connection with such content or information, if they choose. You acknowledge that such content or information may become available to other users of the Website and Our Services, and We cannot prevent such content or information from being used in a manner that violates these Terms or the law.
RISK OF LOSS
All items purchased from the Website 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 end carrier.
LIMITATION OF LIABILITY
YOU ASSUME TOTAL RISK AND RESPONSIBILITY FOR YOUR USE OF THE WEBSITE YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE, AND THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
The Website and the products, information, materials and services available through it are provided on an “as is, as available” basis, without any warranties of any kind whether they are express, implied or statutory (including without limitation to warranties of title or non-infringement, or implied warranties of merchantability or fitness for a particular purpose or freedom from a computer virus). We do not warrant that Our services will be error free, secure, timely, and uninterrupted, will meet your requirements or expectations, or that defects related to Our services, if any, will be corrected.
You agree that We will not be liable for indirect, consequential, incidental, reliance or special losses, expenses or damages (including, but not limited to damages for harms to business, lost profits, lost savings, lost revenues, business interruption, loss of programs or information, and the like) related to your use or inability to use this site, even if We or Our authorized representatives have been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you; in any such states, you agree that Our liability is limited to the greatest extent permitted by law. We are not liable for unauthorized access by third parties to your transmission facilities, premises or equipment or for unauthorized access to or alteration, theft, loss or destruction of users’ network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any method. The limitations of liability set forth in these Terms will apply regardless of the form of action, whether in warranty, contract, tort, or strict liability, and will survive failure of an exclusive remedy. The provisions of this paragraph will survive any sale completed with you.
You agree to defend, indemnify and hold harmless DesignAShirt, its affiliates, and each of its respective officers, directors, employees and agents from and against any claims, demands, proceedings, suits and actions, including any related liabilities, obligations, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses (including legal and accountants’ fees and disbursements) and costs arising out of or related to (1) your breach of these Terms, (2) your violation of any law or the rights of any third party, or (3) your use of the Website.
You agree that the laws of the state of Arizona apply without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that relates to Us, Our affiliates, or your use of the Website.
You agree that should you bring a lawsuit against DesignAShirt related to your use of the Website or your dealings with DesignAShirt, you must do so in the state or federal courts sitting in Maricopa County, Arizona.
Should DesignAShirt bring a lawsuit against you related to your use of the Website or your dealings with DesignAShirt, you consent to the jurisdiction of the state or federal courts of Maricopa County, Arizona, and hereby waive all defenses of improper venue, forum non conveniens, and personal jurisdiction.
You understand and agree that you will not bring any class action lawsuit against DesignAShirt or its affiliates related to your use of the Website or your dealings with DesignAShirt.
You may not assign, delegate, or transfer your rights or obligations under these Terms.
If a court finds any of the Terms to be unenforceable or invalid, you agree (1) any such term will be enforced to the fullest extent permitted by applicable law, (2) all other terms will remain valid and enforceable, and (3) these Terms may be reformed.
The section headings herein are provided for solely for convenience and ease of reference; they do not limit or affect these Terms.
If DesignAShirt fails to act with respect to your breach of the Terms or anyone else’s breach of the Terms on any occasion, such inaction will not constitute a waiver of DesignAShirt’s right to act with respect to future or similar breaches.
Anyone wishing to contact DesignAShirt, or provide notice under these Terms, may do so using the following contact information:
Design A Shirt, L.L.C.
905 N. Scottsdale Road
Tempe, AZ 85281