1. The Web Site Service and Products.
Awesome Merchandise provides Internet-based services through the Web Site (all such services, collectively, the "Web Site Service") enabling users to create customized t-shirts, stickers, banners and other products (collectively, the “Products”).
2. Use of the Web Site Service and Products.
2.3 Your License to Use the Web Site and the Web Site Service.
(c) This Section 2.3 does not pertain to your intellectual property rights. For information regarding your intellectual property rights, please see Section 5.
3. Online Purchases and Terms of Sale.
4. Prohibited Use.
5. Use of Your Content.
You do not lose ownership of the content you design on, or upload to, the Web Site (your “Content”). By uploading designs to the Web Site or creating designs with Awesome Merchandise LLC's tools, however, you grant the following licenses to Awesome Merchandise: the nonexclusive, worldwide, transferable, sublicensable right to copy, crop, reproduce, publicly display, sell, and distribute the Content in or on Products and in advertising, marketing, samples, and promotional materials for the purpose of promoting the Web Site and the Products; and the right to make modifications to your Content as Awesome Merchandise, in its sole discretion, finds necessary to achieve the above listed purposes.
You may remove the Content at any time, and you retain any copyright and other intellectual property rights in that Content. If you choose to remove Content that you designed or uploaded and notify Awesome Merchandise of your intention to terminate the licenses described in the above paragraph, those licenses will terminate, except that Awesome Merchandise may fulfill all orders that are in any way derived from that Content placed prior to notice of termination and may continue to use said Content in marketing and promotional materials.
6. Monitoring and Enforcement; Termination.
6.2 Modification of the Service. Awesome Merchandise LLC may modify the Web Site Service at any time with or without notice to you and will incur no liability for doing so.
7. Copyright Infringement.
If you believe that any User Content violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
8. Geographic Restrictions.
Awesome Merchandise is based in the state of Texas in the United States. Awesome Merchandise provides this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local law
9. Representations and Warranties.
9.2 By You. You represent and warrant to Awesome Merchandise that, your use of the Web Site Service and any order that you place with Awesome Merchandise: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or any other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to Awesome Merchandise LLC that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) Awesome Merchandise will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that Awesome Merchandise incurs in providing the Web Site Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
10. Disclaimers and Exclusions.
10.2 EXCLUSION OF DAMAGES. AWESOME MERCHANDISE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEB SITE SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Limitation of Liability.
13.3 Effect of Termination. If you or Awesome Merchandise terminates your use of the Web Site or the Web Site Service, Awesome Merchandise may delete any Content or other materials relating to your use of the Web Site Service on Awesome Merchandise LLC's servers or otherwise in its possession and Awesome Merchandise will have no liability to you or any third party for doing so.
15. Dispute Resolution/Waiver of Jury Trial.
Terms and Conditions of Online Sales
1) Acceptance of Terms of Sale
2) Content of Your Purchase
The primary value of the Web Site is the ability for users and potential purchasers ("Users") to create t-shirts, merchandise, stickers, banners and more (collectively, the “Products”) with any content they choose. This is done exclusively by means of online interaction between the Users and the Web Site.
As such, you agree that no Awesome Merchandise LLC employee, employer, officer, owner, agent or authorized representative is responsible for monitoring the content of the Products created by Users, neither while on the Web Site, nor after purchase and during the production process.
You agree that Products purchased will not be checked for content, spelling errors, grammatical errors, logical errors, aesthetic quality, color matching or any other factor that is within the User's Control through the use of the Web Site. You, as a User, have many opportunities during the purchasing process to check your purchase for layout and content and agree that you have done so.
"Control" refers to any part of a Product that is editable by the User. Including but not limited to: color, font size, font type, font style, font color, position of text, position of graphics, color of graphics, quantity of text, quantity of graphics, spelling of text, use of text, size of graphics, justification of graphics, justification of images, or color of the background.
3) Color Matching
Awesome Merchandise LLC sells its products through an E-Commerce Web Site viewable by computers connected to the Internet. These computers may view Awesome Merchandise LLC products solely through their computer screens ("Monitors"). Monitors may be configured to display images and colors in a variety of ways, both through the use of hardware setup and software setup. There are many possible settings for Monitors and there is no true uniform standard to which all Monitors conform. What may look one way on one monitor, will look different on another.
As such, you agree that Awesome Merchandise LLC does not guarantee that the colors as they appear on the screen will look the same as the colors as they appear on the purchased product. Awesome Merchandise LLC works hard to make the colors on the screen be as true as possible to the printed colors, however, the differences in Monitors and the differences between light and pigment make it impossible to guarantee matching colors for all Users.
Awesome Merchandise LLC sells products made out of several different types of materials.
You agree that all products produced and sold by Awesome Merchandise LLC are for novelty purposes only. Awesome Merchandise LLC does not make any claims about the legal compliance of Products sold by Awesome Merchandise LLC or by a Awesome Merchandise LLC affiliate. You agree to check with any applicable legal authority for the standards, rules and regulations governing the types of signs, license plates, or other products permitted for your particular use.
5) Uploaded Images
Awesome Merchandise LLC permits users to upload images onto their signs and products through the Awesome Merchandise LLC Web Site. You agree that Awesome Merchandise LLC is not responsible for the quality of the images you upload. The Awesome Merchandise LLC Web Site attempts to make a "best guess" as to the best viewing distance of your image based on the internally stored DPI (Dots Per Inch) contained in the image file.
6) Your Intellectual Property
You own all intellectual property and other rights, title and interest in and to any content t you upload to the Website. You are solely responsible for your Content, and we do not have, and will not acquire, any right, title or interest in or to your Content except as specifically detailed in this Agreement. By uploading any Content to the Website, you grant us a royalty-free, worldwide, transferable, exclusive, sub-licensable right and license to use your Content in all media, existing now or created in the future, as we deem necessary to fulfill your Product order. Our right to sublicense is limited to the use of third-parties to provide the Services, process your order, and/or produce and ship your Product.
You agree that you alone are responsible for making sure that the quality of the image you are uploading is of high enough quality to be satisfactory to you at the size you select on the sign or product that you are purchasing.
Images are created and stored in a variety of ways and you agree that Awesome Merchandise LLC is not responsible for ensuring quality images for any image file format available on the Web Site.
7) Production Time
Awesome Merchandise LLC works hard to ensure orders will be produced and arrive to our customers by their guaranteed delivery date. The "date of order" is the calendar date of order if the order is placed before 5 pm Central Time Monday-Friday and is considered placed on the next business day if the order is placed between 5pm and 11:59pm Central Time or is placed on weekends.
You agree that Awesome Merchandise LLC will take at least 10 business days from approval to produce your order and that it may take longer than 10 business days as laid out in the Shipping Policy. The Shipping Policy is hereby incorporated by reference. Moreover, you agree that our shipping time frame may depend on your response time to our inquiries regarding your order. Title to your purchased goods shall pass to you at the time Awesome Merchandise LLC deposits such purchased goods with its designated shipper.
8) Return and Refund Policy
Each Awesome Merchandise Product is custom made we cannot offer a return unless:
a) the Product does not match the order, or
b) the Product is faulty.
If the Product(s) delivered do not match your order, please contact us via email (firstname.lastname@example.org) outlining the problem and we will arrange the return of the Products at issue. Please remember to include your original invoice number and the name your order was placed under. If the goods have a problem relating to the quality of the product such as a mis-print or a fault on garment, then a photograph as well as description of the problem should be emailed through to email@example.com for our customer services team to assess.
We cannot take any action on an order until the Products are returned to Awesome Merchandise for inspection. Following the return of the Products a thorough assessment will take place following which Awesome Merchandise will make a determination as to the suitability of the Products returned.
If the problem relates to a production issue at Awesome Merchandise, then a re-print of the goods may be offered to rectify the quality issue. Because every product is custom-made to your specifications, if the order has already been produced Awesome Merchandise retains the right to solely offer a re-print when seeking to rectify any problem with Products.
A refund will be offered only if an order is cancelled prior to production being undertaken by Awesome Merchandise, as Products are custom-made to User specifications and cannot be re-sold. If you need to cancel an order you should contact our Customer Experience Team at 512 456-3445 as soon as possible. Due to the short turnaround times we try to work to, your order may have already gone into production.
9) Changes to Your Order
Awesome Merchandise LLC provides many opportunities to review, revise and cancel the order process before actually placing your order. Awesome Merchandise LLC is able to offer its products at the present prices due to the efficiency of allowing the customer to create and modify their own products.
You agree that Awesome Merchandise LLC is not responsible for reviewing, revising or canceling orders, products or images once an order has been placed. An Awesome Merchandise LLC employee, employer, officer, owner or authorized agent may revise or cancel an order but is not required or obligated to do so.
You agree that you have reviewed your order and that no further additions, corrections or changes need to be made and that your order is final as is.
10) Dispute Resolution/Waiver of Jury Trial.
All disputes arising out of, relating to or connected with these Terms or your use of any part of the AwesomeMerch.com Service will be exclusively resolved under confidential binding arbitration held in Travis County, Texas before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Texas law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Travis County, Texas. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Texas State courts in Travis County. By agreeing that arbitration is the exclusive remedy, you are waiving your right to sue Awesome Merchandise LLC in a court of law or have a jury resolve any dispute that arises out of, relates to or is connected with these Terms or your use of any part of the AwesomeMerch.com Service. You understand that you are waiving your right to a jury trial voluntarily and knowingly, and free from duress or coercion. By entering into these Terms, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these Terms or your use of any part of the Website Service must be asserted individually. Notwithstanding anything to the contrary in this Section, Awesome Merchandise may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.