What this Agreement Covers
This Agreement governs your use of the Super Custom Shirts (the "Site") and the services (the "Service") provided therein. The Service permits customers that have an appropriate relationship either with: (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.
Intellectual Property Rights of Super Custom Shirts and Third Parties
Super Custom Shirts is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the Super Custom Shirts Site (collectively the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Super Custom Shirts.
Super Custom Shirts is the owner of the Super Custom Shirts trademark; other trademarks made available through this Site, including logos, slogans, color schemes and design trademarks, are licensed for use by Super Custom Shirts from Institutions and other third parties (the "Licensed Marks"). By using the Super Custom Shirts Site, you agree to limit your use of Licensed Marks to uses that are directly related to such third parties and to comply with any restrictions or conditions imposed on the use and access of the Licensed Marks by the third parties. Super Custom Shirts reserves the right to delete any and all content from Site that may be in violation of any laws or licensing agreements at its sole discretion.
Generally, products created using images provided by and available on the site should not be resold commercially. In the event that you wish to resell such products, you agree to contact Super Custom Shirts and verify the legality of reselling such products prior to doing so. Designs created using the text tools and images available through the site are in no way the exclusive property of the customers who assemble such designs. Super Custom Shirts retains the right to display such designs or offer them (or variations of such designs) to other customers.
Additionally, Super Custom Shirts has the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, disability or national origin, containing explicit sexual content or is otherwise inappropriate for Super Custom Shirts production.
You agree to not use the SuperCustomShirts.com Service to create any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
Privacy Policy
Super Custom Shirts 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 SuperCustomShirts.com Service except that: (i) Super Custom Shirts 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) Super Custom Shirts may provide information about you and your order to its subcontractors; and (iii) Super Custom Shirts may share information about you with its marketing partners and affiliates for purposes of marketing Super Custom Shirts. Super Custom Shirts employs third party cookies which are used to target customers for advertising purposes. Super Custom Shirts collects information (including email addresses) that allows us, among other things, to: process and fill your order; contact you regarding the processing of your order; share your design with those whom you request; improve our website and service; and send informative and promotional emails that may be of interest to you. While this information may be used by us for marketing purposes, it is never shared or sold to other organizations for commercial purposes.
Anti-Sweat Shop Policy
Super Custom Shirts supports high standards for manufacturing labor conditions. Accordingly, we seek to work with suppliers who promote such standards within their operations. Super Custom Shirts relies upon referrals, reputation and, in some cases, personal inspections to identify such vendors.
Payment Policies
Super Custom Shirts accepts online or telephone payment via credit card, debit card, or electronic check (ACH). All payments sent electronically are securely transmitted.
Super Custom Shirts also accepts payment via purchase order for qualified customers. Invoices may be paid by check or credit or debit card.
Shipment/Delivery Times
Super Custom Shirts orders are generally completed and shipped within 14 days via UPS. Customers who are concerned about meeting deadlines should contact a Service/Sales Representative. Rush orders on screen-printed apparel items are available for a 20% rush charge. Every effort will be made to complete and ship Rush orders within 7 days. Delivery times may vary during the holiday seasons, geographic location and chosen delivery option.
Returns Policy
Super Custom Shirts goes to great lengths to ensure that all orders are filled accurately and on time and are of the highest quality. Accordingly, Super Custom Shirts accepts returns and will refund payment if and when customers are disappointed by Super Custom Shirts merchandise for one of the following reasons: (a) the blank items themselves are materially flawed; (b) the quality of the decorating (i.e., the printing or embroidery) is below a reasonable range of expectations; or (c) the design of the final product is materially different from the final design submitted by the customer.
Limit of Super Custom Shirts Responsibility
Super Custom Shirts will be responsible for acting only on those instructions sent to Super Custom Shirts that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. Super Custom Shirts is not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. Super Custom Shirts is not responsible should you give incorrect instructions or if your credit-card payment is not processed by your credit-card company.
The information and materials contained in this Site, including text, graphics, links or other items, are provided "as is", "as available". Super Custom Shirts does not warrant the accuracy, adequacy or completeness of the information and materials on the Site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.
In no event will Super Custom Shirts be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Super Custom Shirts, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
Intellectual Property Claims
Super Custom Shirts respects the intellectual property rights of others. We have a policy of removing user submissions that violate copyright, trademark, or other intellectual property laws, suspending or blocking access to the design-saving or other features of our site to any user who uses our site in violation of any such law, and/or terminating in appropriate circumstances the account (if any) of any user who uses our site in violation of any such law. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of CustomInk.com, please provide written notice to the following agent for notice of claims of infringement:
David Hall Super Custom Shirts 2042 Willowood Ln. Encinitas, CA. 92024 Tel: 760-650-2642 Email: admin@supercustomshirts.com
In order for us to respond to your notice, it must: (i) contain your physical or electronic signature; (ii) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed; (iii) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (iv) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (v) contain a statement that you have a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owner's agent, or the law; (vi) contain a statement that the information in the written notice is accurate; and (vii) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.
Indemnity
You agree to defend, indemnify and hold Super Custom Shirts and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use of Super Custom Shirts Site and the Service, your violation of this Agreement, or your violation of any rights of another.
Governing Law
This Agreement shall be governed by the laws of California and, where applicable, by federal law.