SellMyTees Terms & Conditions
By using this web site you indemnify, defend and hold SellMyTees, its officers, directors, employees, agents and representatives harmless from and against all claims, debts, accounts, expenses, costs, liens, actions and proceedings of any nature whatsoever, whether known or unknown by any person, arising from, incidental to, or by virtue of, the appointment, or any breach or non performance of your obligations under use of this web site or arising out of your willful act, neglect or default in the performance of such obligations.
This will survive the termination of the use of this web site.
Disclaimer
The materials in this web site are provided "as is" and without warranties of any kind either expressed or implied. To the fullest extent permissible and subject and pursuant to applicable law, SellMyTees disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability and fitness for a particular purpose.
SellMyTees does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected or that this web site or this server that makes it available is free of any virus or other harmful elements.
SellMyTees does not warrant or make any representations regarding the correctness, accuracy, reliability, or otherwise of the materials in this web site or the results of their use.
SellMyTees takes no responsibility for any damages suffered by you in connection with the site and service, and that use of the site and service, including all content, data or software distributed by, downloaded, or accessed from or through the site and service, is at your sole risk.
By using this site, it is understood that user is solely responsible for any damage to your business or your computer system or any loss of data that results from your actions and your use of the site and service. SellMyTees does not control or endorse in any respect any information, products, or services offered by third parties through the site and service, and is not responsible for any possible representations and warranties these third parties may make.
SellMyTees may use subcontractors or third parties to provide certain elements of its site and service. You agree that SellMyTees will not be liable to you in any way for your use of these services.
Agreement SellMyTees & User
SellMyTees Terms and Conditions is an agreement that governs your use of SellMyTees site and service, including all orders made or processed for products or services in connection with the site and service. You and SellMyTees (division of CHIPS Inc.), an Indiana corporation providing custom, on-demand merchandise printing, sales, and other related services, are the parties to this agreement. If you choose to use features of this site and service, like opening a store to sell custom, print-on-demand products, other terms may apply in addition to these. No exceptions to these terms are effective unless SellMyTees has agreed to them in writing.
By using SellMyTees.com, you signify you have read and accepted these Conditions of Use of web site. If you do not agree to these Conditions, do not use the web site.
SellMyTees may change these terms from time to time. If SellMyTees makes changes to these terms, use of the site means you accept the new terms as a condition of continuing to use SellMyTees's site and service. If you disagree with any amendments, you must stop using SellMyTees's site and service.
You are responsible for regularly reviewing these Terms and Conditions and additional terms or notices posted on the SellMyTees website. Your continued access or use of this website shall be deemed your conclusive acceptance of the modified agreement or changes to the Terms and Conditions.
SellMyTees accepts no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us as per these terms & conditions on one occasion, it does not mean that those rights will automatically be waived on any other occasion.
If any of the terms & conditions is held to be invalid, unenforceable, or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
After termination SellMyTees will complete any transactions in progress in relation to your products. Final termination will take effect once these transactions have been completed.
Restrictions on Use of Materials
This web site is owned and operated by SellMyTees (a division of CHIPS Inc.). You may not reproduce, republish, upload, post, transmit, or distribute in any way any material from this web site without the prior written permission of SellMyTees. Graphics and images on this web site are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their relevant owners. Modification of any of the materials or use of the materials for any other purpose will be a violation of SellMyTees copyright and other intellectual property rights and the copyright and intellectual property rights of the respective owners.
Age Requirements
You must be 18 years of age or older to purchase or sell products on SellMyTees. If you are under 13-17 years of age you must have the permission and accompaniment of an adult.
Copyright Protection
It is essential all SellMyTees users respect copyrights. Only upload content you have created yourself and/or have permission to use. It is up to you to make sure you are not breaking any laws through use of SellMyTees. If you are a customer or browser, please respect the copyright of all the works you see or buy on SellMyTees.
SellMyTees will respond to legitimate requests under the Digital Millennium Copyright Act, and retains the right to deny service to any user if in SellMyTees's sole discretion, the usage or content poses a risk of allegations of infringement of the copyright (or other intellectual property right) of others.
Digital Millennium Copyright Act Notice
If you are a copyright owner or an agent thereof and believe that any content available on the SellMyTees website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing SellMyTees with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 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 right that is allegedly infringed.
Email: copyright@SellMyTees.com; Fax: (888) 244-1574. For clarity, only DMCA notices should be emailed to this address; any other feedback, comments, requests for technical support, and other communications should be directed to service@SellMyTees.com customer service. Failure to comply with all of the requirements of this section may result in the invalidation of your DMCA notice.
Dispute Resolution
This agreement shall be construed and enforced in accordance with the laws of Gibson County Indiana USA.
The parties agree that any dispute arising out of or relating to this agreement must be submitted to confidential binding arbitration in Princeton, Indiana, except that SellMyTees may seek injunctive or other appropriate relief in any state or federal court in Indiana if you have violated or threatened to violate the intellectual property rights of SellMyTees or a third party, or any term of any agreement you have with SellMyTees.
Any claim arising out of or in connection of the terms and conditions may be settled via arbitration at our discretion. Users and administrators agree to be bound by the ruling of the arbitrator. Any judgment on the award rendered by the arbitrator is final, binding, and may be entered in any court of competent jurisdiction. Each party is entitled to legal representation.
If any action or claim is filed in contravention of the arbitration rules, the parties agree to personal jurisdiction and venue in the state and federal courts of Indiana, Gibson County, and both waive the right to a jury trial. All claims filed or brought contrary to Dispute Resolution (SellMyTees Terms and Conditions) are improperly filed, and the non-filing party is entitled to recover all attorney’s fees and costs relating to dismissal of the improperly filed claim incurred after the non-filing party has given notice in writing of the improperly filed claim.
Claims must be conducted on an individual basis, and not in a class, consolidated, or representative action.
License to print art
SellMyTees.com does not own license/rights to images uploaded onto its site. However by uploading images SellMyTees.com is granted a non-exclusive royalty free license to use/print your art on products for the purpose of enabling us to carry out the service.
Limitation of Liability
Subject to applicable law, under no circumstances, including negligence, will SellMyTees be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this web site, even if SellMyTees or a SellMyTees authorized representative has been advised of the possibility of such damages. SellMyTees is also not liable nor responsible for any material provided by third parties with their own respective copyright and shall not under any circumstances, be liable for any loss, damages or injury arising from these materials. The total liability (if any) of SellMyTees for all damages, losses, costs and expenses under whatever causes of action, whether in contract, tort or otherwise will not exceed any amount paid by you for accessing this web site.
You must take your own precautions to ensure that the process that you employ for accessing this website and the SellMyTees service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage individual computer systems. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website.
We do not accept liability for any losses arising directly or indirectly from a failure to provide the SellMyTees service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the SellMyTees service, or any transmissions by others in violation of the obligations as set out in this agreement.
You acknowledge that we may not be able to confirm the identity of other registered members or prevent them acting under false pretenses or in a manner that infringes the rights of any person.
SellMyTees web site (or any other publication) may include technical inaccuracies or typographical errors. At any time without notice, these inaccuracies or typographical errors are subject to improvements and changes by SellMyTees.
Information contained in this website is for informational purposes only and is provided to you on an as is basis. We do not guarantee the accuracy, timeliness, reliability, authenticity of completeness of any of the information contained on this website. We are not liable for any information or services which may appear on any linked websites.
Rights for Using Site and Service
SellMyTees owns all intellectual property and other rights, title and interest in and to its site and service (except for licensed, user-provided content). Your use of the site and service does not grant you any right, title or interest to these properties, except as follows. SellMyTees grants you a limited, revocable license to access and use the site and service for its intended purpose: the provision of an online, on-demand, customizable merchandising solution. You may only use the site and service according to SellMyTees's terms, rules, and guidelines found on its site, and SellMyTees may revoke this license and limit your access to the site and service.
You may not:
- interfere with the site and service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware
- modify, copy, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the site and service
- use a robot or other automated means to monitor the activity on or copy information or pages from the site and service, except search engines, traffic counters, or similar basic performance monitoring technology
- impersonate another person or entity
- use any meta tags, search terms, keywords, or similar tags that contain SellMyTees's name or trademarks
- engage in any activity that interferes with another user's ability to use or enjoy the site and service, including activity that places a disproportionate burden on the site and service compared to ordinary use from a single, ordinary user
- assist or encourage any third party in engaging in any activity prohibited by this agreement
- use the site and service to promote hate speech, obscenity, or any content that violates other people or entities.
Notification of Sales
SellMyTees will send a notification of purchase to the email entered by the person who has placed an order. This notification will be sent to the address entered at time of check out. If the purchase is made from within an affiliate store the administrator will receive an email, to the address entered at time of registration, notifying them of a sale made from within the store.
Order Cancellation Policy
To cancel an order that has been submitted you must contact SellMyTees before 6:00am (CST) the morning after placing the order via the 'Contact Us' page.
Select ''Cancel/Change Order' or by emailing direct to OrderCancellation@SellMyTees.com. Order number must be provided with request. You may not cancel an order after 6:00am (CST) the following day of the order. Click HERE to go to the Contact US page.
SellMyTees.com will work to accommodate any cancellation request even if the request is submitted after 6:00am (CST) the morning after the order has been placed. In cases such as this a service charge of $10.00 will be applied if costs have been incurred.
SellMyTees reserves the right to review and refuse to print products at its sole discretion, either because it is in violation of Terms & Conditions, or any applicable laws, or if it violates the rights of any person, or otherwise.
Despite reasonable precautions, products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight. We reserve the right to cancel an order in that event.
SellMyTees may cancel an order even if it has been confirmed and the customer's credit card or PayPal account has been charged. We reserve this right up until the time of delivery of the product to that customer. If a cancellation of this nature occurs after the customer has been charged for the product, the customer's credit card or PayPal account will immediately be credited for the amount in question.
Password Protection
SellMyTees may not be able to confirm the identity of others that may use your store or prevent them from acting under false pretenses or in a manner that infringes the rights of any person.
You are responsible for actions made on the website using your password, including any products purchased or sold and any content displayed, or messages sent, even if these actions were not approved or contemplated by you. You are solely responsible for any loss caused by any use of your password by you, or any other person.
You agree that you will not disclose your password to any other person and you will not keep your password where it can be copied or used by anyone other than you. Change the password immediately if you suspect someone else knows your password.
Title to Products
Until SellMyTees receives full payment for an order and the order is shipped, title to the goods remains with SellMyTees. Upon transfer of the goods to the carrier, title and risk of loss passes to the customer. The customer should handle products with care until the transfer of ownership is complete (for example, in case of a product return).
Sales Tax
Indiana residents will be charged a 7% sales tax.
Arbitration
Any claim arising out of or in connection of the terms and conditions may be settled via arbitration at our discretion. Users and administrators agree to be bound by the ruling of the arbitrator. Each party is entitled to legal representation.
