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General Terms and Conditions

 

General Information

(a) This agreement governs your use of TEESHIRT21's site and service, including all orders made or processed for products or services in connection with the site and service, and the users (customers, artists) which TEESHIRT21 makes available. You and TEESHIRT21, are the parties to this agreement.
TEESHIRT21 is a service provider that allows artists to upload their original designs to the Platform located at www.teeshirt21.com and offer those designs for sale printed on t-shirts, hoodie sweatshirts, sweatshirts, and other apparel.
(b) TEESHIRT21 may change these terms from time to time. If TEESHIRT21 makes changes to these terms, you will be notified and asked to accept the new terms as a condition of continuing to use TEESHIRT21's site and service. If you disagree with any amendments, you must stop using TEESHIRT21's site and service.

 

Definition

  1. “Artist,” “You” and “Your” refer to the user who signs up for an artist account though the TEESHIRT21 Platform.
  2. “Artist Link” and/or “Your Link” refer to a hyperlink containing a Artist’s unique identification code placed by the Artists on web sites, social media accounts, or other permitted methods that link back to the TEESHIRT21. Links may take many forms, including but not necessarily limited to text, images, buttons, banners, and videos.
  3. “Artist Site” and/or “Your Site” refer to web sites, blogs, and/or social media where a Artist places a Artist Link or any method of communication/advertising permitted by this Agreement related to Your Site.
  4. “Design” and/or “Your Design” refer to the original artwork, including illustrations, graphics, vector files, renderings, and other text or images in hard copy or digital format provided by the Artist for display on the TEESHIRT21 Platform or on physical or electronic products made by or for TEESHIRT21
  5. “My Manager” refers to the section of the TEESHIRT21 Platform that an Artist may access with their unique username and password combination for the purposes of managing an Artist Account. An Artist must provide and edit profile information, payment preferences, upload and edit the Design and mockup, track product views and sales, and to address any other information TEESHIRT21 determines, in its sole discretion, is required to meet the purposes of this Agreement. The Royalty and Payout history may be viewed by an Artist in the My Manager section.
  6. “Payout” refers to an aggregate of Royalties paid to an Active Artist.
  7. “Product” refers to any physical or electronic products, including but not necessarily limited to apparel, stickers, promotional materials, and/or anything TEESHIRT21 decides, in its sole and complete discretion, to have as an option for purchase.
  8. “Price” means the price paid by the customer adjusted by any promotional discounts or coupons, and shall not include shipping or other additional charges.
  9. “Royalty” and “Royalties” refer to the percentage of an individual sale amount charged to the customer, or retailer, wholesaler, or merchant partner, not including shipping costs, that TEESHIRT21 agrees to pay to an Active Artist as a licensing fee for a Design.
  10. “TEESHIRT21 Site,” “Site,” “TEESHIRT21 Platform,” and “Platform” refers to any website(s) owned or operated by or for TEESHIRT21.
  11. “Visitor” refers to any person or user that clicks on a Link to the TEESHIRT21 Platform or otherwise uses a computer or other electronic device to view the TEESHIRT21 Platform.

 

Use of the Site and Service Generally

(a) TEESHIRT21 owns all intellectual property and other rights, title and interest in and to its site and service (except for 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. TEESHIRT21 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 TEESHIRT21's terms, rules, and guidelines found on its site, and TEESHIRT21 may revoke this license and limit your access to the site and service according to Section 15 (Termination of Access).

(b) 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 TEESHIRT21'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; or
  • use the site and service to promote hate speech, obscenity, or any content that violates TEESHIRT21's Ethical Guidelines, which TEESHIRT21 may change from time to time in TEESHIRT21's sole discretion.


Artist

1. To sign up as a Artist for TEESHIRT21 YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE, and supply a valid tax ID. A valid tax ID can include a Social Security Number for individuals or a federal tax ID for corporations or other business entities. If You are not a U.S. citizen or a representative of a U.S. business, You may be required to provide additional personal or business information for tax reporting purposes.

2. To remain eligible to receive Royalties or Payouts, You must be considered an Active Artist. “Active” shall mean that you have logged into your account at least once in the last three months.

3. As part of the registration process, You will select a username (email) and password combination that You use to access Your account via My Manager. YOU MAY NOT USE OUR MARK, “TEESHIRT21,” “TEESHIRT21 SHIRTS,” OR ANY PART OF THE TEESHIRT21 MARK, OR ANY COMBINATION OF WORDS, LETTERS, SYMBOLS, NUMBERS, OR SPECIAL CHARACTERS IN YOUR USERNAME THAT MIGHT INDICATE YOU ARE AN EMPLOYEE, TEAM MEMBER, PARTNER, AGENT, OR DESIGNEE OF TEESHIRT21, OR WHICH MIGHT OTHERWISE CAUSE CONFUSION ABOUT YOUR RELATIONSHIP WITH TEESHIRT21. You are responsible for maintaining the confidentiality of Your username and password, and You are responsible for all usage and activity on Your Account, including use of the account by a third party whether or not you’ve authorized the third party to use Your account. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your account by TEESHIRT21 and referral to the appropriate law enforcement agencies.

You acknowledge and agree that any content, including but not limited to text, data, photos, graphics, etc., or other material contained or distributed on or through the TEESHIRT21 Platform may be and/or is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any content received through the TEESHIRT21 Platform without the authorization of TEESHIRT21 or the content owner. You may not publish, reproduce, copy in whole or in part, nor upload, download, post, email, sell, or otherwise distribute content available through the TEESHIRT21 Platform in violation of applicable copyright and other intellectual property laws.

You retain all ownership rights to the Design submitted to the TEESHIRT21 Platform. By uploading the Design to the Platform, You hereby grant to TEESHIRT21 the nonexclusive, universal, transferable, sublicensable right to use, reproduce, publicly display, sell, and distribute the Design in or on Products available on the TEESHIRT21 Platform for direct purchase, or available through advertising, marketing, samples, and promotional materials for the purpose of promoting the TEESHIRT21 Platform and Products. Without limitation, this promotion, marketing, or advertising may consist of: display of Products bearing the Design; Product or content placement bearing the Design in magazines, television shows, movies, and other media; the sale of Products bearing the Design available on the TEESHIRT21 Platform through third party product feeds; and the sale of Products bearing the Design available on the TEESHIRT21 Platform to other retailers, wholesalers, and distributors or businesses. By uploading Designs to the Platform, you specifically acknowledge that You are permitting TEESHIRT21 to offer Products bearing the Design at a discounted price based upon any commercially reasonable basis (including, but not necessarily limited to, volume) and that such discounts may affect the amount of Your Payout.

You further grant TEESHIRT21 the right to make adjustments to the scale of a Design to ensure proper sizing on Products available through the TEESHIRT21 Platform.

TEESHIRT21 grants You a non-exclusive, revocable, and limited license to use the available content and TEESHIRT21’s tools, images, and Product mockups for the purposes of promoting the TEESHIRT21 Platform on the condition that You provide appropriate attribution and a link to the TEESHIRT21 Platform. TEESHIRT21 reserves the right to terminate this license at any time.

The intellectual property rights in or relating to the content of any notes, messages, emails, postings, letters, ideas, suggestions, concepts, or other written materials which You submit or communicate to TEESHIRT21 (excluding the Design(s) submitted by You) will automatically be deemed to the assigned, granted, and transferred by You to TEESHIRT21 upon their submission or communication to TEESHIRT21, and You do assign all rights therein to TEESHIRT21 and agree that the same will automatically become the property of TEESHIRT21 and that TEESHIRT21 may use, exploit, copy, publish, implement, transfer, and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose TEESHIRT21 may elect in perpetuity.
TEESHIRT21 grants You a revocable, non-exclusive, royalty-free license for the term of this Agreement, to access My Manager for the purposes of allowing you to track your qualifying sales.
TEESHIRT21 grants you a revocable, non-exclusive, royalty-free license for the term of this Agreement to use the images, trademarks, trade names, service marks, and logos of TEESHIRT21, as provided in My Manager or via electronic mail without alteration, to be used solely for the purpose of marketing products for sale through a Link to the TEESHIRT21 Platform.
Except for the rights expressly granted herein, this Agreement does not transfer any intellectual property or technology of TEESHIRT21 to You, and all rights, titles, and interest in such intellectual property and technology, whether developed, licensed, or owned by TEESHIRT21 shall remain with TEESHIRT21. You agree not to directly or indirectly reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets of TEESHIRT21.

You acknowledge that TEESHIRT21 may, at any time, review the Design contemplated under this Agreement, and the content it contains for adherence to our guidelines, compliance with the terms and conditions set forth in this Agreement, and for compliance with intellectual property protections, and shall have the right, but not the obligation, in its sole discretion to remove any Design that is available on the TEESHIRT21 Platform.

TEESHIRT21, in its sole discretion, reserves the right to reject or remove a Design or Designs that incorporates mature content, including but not necessarily limited to Designs that contain vulgar or crude language; contain lewd or lascivious depictions or descriptions of sex acts; contain depictions or descriptions of male or female genitalia; promote hatred, racism, homophobia, xenophobia, bullying, or scorn of individuals or groups; and/or promotes violence, self-harm, self-mutilation, or suicide.

 

Product descriptions & Keywords

An artist may create and edit a title, description, and keyword search terms for their Design in My Manager when uploading the necessary files and/or after the Design is live on the TEESHIRT21 platform. The product description and keywords must accurately reflect the content and representations of the Design and be logically connected to the Design.

You are prohibited from creating Product titles, descriptions, and keyword search terms that are false or misleading as to Product availability, cost, promotions, discounts, savings, or charitable partnerships and planned donations; that contain any words, images, or links that infringe on the rights of third parties, including without limitation intellectual property rights; that contain any warranty language, including express or implied warranties of merchantability and fitness for a particular purpose; that contain any guarantees as to delivery, availability, product origin, product brand, customer service, customer satisfaction; or that contain any such other promises that would establish an obligation between TEESHIRT21 and an end-user of the TEESHIRT21 Platform.

Product titles, descriptions, and keywords may be subject to review and revision by TEESHIRT21 without notice.


Product Sales

(a) By placing an order using TEESHIRT21's site and service, a customer makes a binding offer for a contract of sale or, as the case may be, a contract for work and materials with TEESHIRT21 only (no contract exists between the customer and any applicable shop owner). TEESHIRT21 sends an order confirmation via e-mail to the customer. The order confirmation is not an acceptance of the offer, but only acknowledges that the order was received. The offer is only accepted when TEESHIRT21 confirms that production has completed in a second e-mail. TEESHIRT21 cannot guarantee the continued availability of any products or designs found on its site.

(b) Information, drawings, figures, technical data, specifications of weight, measurements and services contained in brochures, catalogues, newsletters, ads, or price lists are purely informational. TEESHIRT21 cannot guarantee the correctness of this information, and if there is any inconsistency between the information described above and the information in an order confirmation email, the order confirmation email controls.

(c) TEESHIRT21 reserves the right to reject orders for any reason or no reason. If TEESHIRT21 rejects an order, it will notify the customer.

(d) TEESHIRT21's performance of an order is completed when the shipment provider completes delivery to the customer's address, according to the records of the shipment provider. If there is an interruption of delivery, and TEESHIRT21 cannot replace the order in a reasonable amount of time, TEESHIRT21 will notify the customer immediately.

(e) If there is a product defect or if you are dissatisfied with your order for any reason, TEESHIRT21's return policy will apply, which TEESHIRT21 may change at any time in its sole discretion.

 

Delivery & Shipment

(a) TEESHIRT21 warrants that it will ship orders within three weeks after orders are placed. Normally, goods are shipped within a few days and typical delivery times are 5-10 days, but in certain circumstances shipment and delivery can take up to three weeks. Customers and TEESHIRT21 may separately agree to more specific delivery times and terms in a separate writing or agreement (such as a request for express shipping).

(b) TEESHIRT21 will make delivery using a shipment service provider of its choosing. The customer must pay standard shipping costs which may depend on order value and shipping destinations. Shipping costs are displayed at checkout.


Prices

(a) All prices found on TEESHIRT21's site are final, and may change from time to time. Shipping and handling are billed and shown separately at checkout (or on invoices, if applicable). The shipping address and order amount may affect certain costs, and sales taxes may apply to some orders.

(b) For customers ordering from outside the United States, all product prices are net of local taxes and fees. If, according to applicable law, the goods are subject to sales taxes, import duties, import brokerage fees, or other taxes or fees in the recipient's country, then the customer has the sole responsibility to pay these taxes and fees.

(c) Customers must pay the purchase price, applicable sales taxes, and shipping and handling charges immediately upon placing an order, without deduction.


Payment

(a) Customers may choose to pay by direct debit, credit card, advance payment, or other payment methods. TEESHIRT21 reserves the right to limit the method of payment chosen by the customer depending on order value, shipment destination, or other objective criteria.

(b) If the customer selects a payment method or provides payment information that makes it impossible or impractical for TEESHIRT21 to receive payment (for example, the customer's account lacks sufficient funds, or the customer provided incorrect payment information) through no fault of TEESHIRT21's own, the customer agrees that TEESHIRT21 may add an additional charge to the order to recoup costs associated with processing or attempting to process the impossible or impractical transaction.

(c) TEESHIRT21 may sub-contract third parties to process payment.

(d) If the customer fails to pay, TEESHIRT21 may assign its claims to a debt collection agency and transfer the personal data required for collecting payment to these third parties.

 

Royalties

TEESHIRT21 reserves the right to retain Royalties for sales of any Products of inactive Artists or which involve a Design that violates this Agreement or constitutes a breach of Your warranties or representations.

Royalties earned post to Your Account on a rolling basis and may fluctuate as credits and debits are applied. Such credits or debits may be the result of different circumstances including, but not necessarily limited to, the return of a Product; a duplicate entry/order or other clear error; a non-bona fide transaction where there is no Artist failure to comply with this Agreement; or, with respect to a sale, non-receipt of payment from, or refund of payment to, the customer, retailer, wholesaler, or merchant partner, (collectively known as a “Chargeback” or “Chargebacks,” regardless of the reasoning). TEESHIRT21 may apply Chargebacks to Your account at any time TEESHIRT21 determines, in its sole discretion, that applying such Chargeback/Chargebacks is warranted.

Payouts are calculated on a rolling basis and may be requested once the Payout amount exceeds USD$50.00. No Payout can be requested, and no Payout will be made, until and unless You are an Active Artist and the Payout amount meets or exceeds the USD$50.00 threshold. If Your Payout meets or exceeds the USD$50.00 threshold, payment will issue according to the payment preference You choose for such payments as indicated on My Manager for Your account. There may be a delay in payout processing and TEESHIRT21 shall not be liable for any damages whatsoever for any such damages or injury based upon such delay, regardless of whether the reason for the delay is within or outside of TEESHIRT21’s direct or indirect control. Payouts that may be issued, but that remain unrequested and age over 365 days, will be considered forfeited by the user and may be claimed by TEESHIRT21 in TEESHIRT21's sole discretion.

Payouts may be delayed or withheld entirely if You fail to provide full and accurate payment information and tax documentation, where required.

You are responsible for accurately reporting all Royalties earned and Payouts received to the appropriate governmental entities, and shall be further responsible for any and all taxes and penalties to foreign, federal, state, municipal, etc., governments.

You may not claim, in advertisements, Product descriptions, titles, or otherwise that any monies (proceeds, profits, or otherwise) from sales are going to be donated to, sent to, or directed to, charity UNLESS You follow the below notification procedure:

  1. Notify TEESHIRT21 by sending an email to sales@teeshirt21.com (with the words “CHARITY PROGRAM” in the subject line) containing the following information:
    1. The name of the charitable organization; and
    2. The website associated with the charitable organization; and
    3. The address of the charitable organization; and
    4. The name, title, phone number, address, and email address of the contact person for the charitable organization; and
    5. The amount to be directed to the charitable organization (by dollar amount per sale, percentage of proceeds, or percentage of profits)
  2. If you falsely claim that all or a portion of any sale (regardless of whether or not the portion is specifically identified or not) is being directed toward charity (whether a specific charity is identified or not), TEESHIRT21 may, in its sole discretion, terminate Your account. Furthermore, regardless of whether such termination occurs, any and all monies owing to You by TEESHIRT21 may, in the sole discretion of TEESHIRT21, be redirected to a charity of TEESHIRT21’s choosing if You make a false claim of charitable contribution. A claim may be considered false if the above notification procedure is not followed and/or if TEESHIRT21, in its sole discretion, has any other reason to believe the claims of charitable contribution are not genuine.

 

Title to Products

Until TEESHIRT21 receives full payment for an order and the order is shipped, title to the goods remains with TEESHIRT21. 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).

 

Disclaimers

(a) TEESHIRT21 provides the site and service on an "as is" and "as available" basis. TEESHIRT21 does not represent or warrant that the site and service or its use: (i) will be uninterrupted, timely, safe, or secure, (ii) will be free of inaccuracies, errors, or vulnerabilities, (iii) will meet your expectations or requirements, or (iv) will operate in the configuration or with the hardware or software you use. TEESHIRT21 hereby disclaims any and all express or implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability, and non-infringement to the fullest extent of the law, except to the extent that this agreement provides otherwise.

(b) You agree that TEESHIRT21 has 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. You understand and agree that you will be 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. TEESHIRT21 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.

(c) Due to normal changes in our industry and in our technical production processes, TEESHIRT21 may reasonably deviate from the descriptions and information found in its brochures, catalogues, and other documents with respect to material, color, weight, measurements, design, or other features.

(d) TEESHIRT21 may use subcontractors or third parties to provide certain elements of its site and service. You agree that TEESHIRT21 will not be liable to you in any way for your use of these services.

 

Limitation of Liability

(a) You use TEESHIRT21's site and service at your own risk. TEESHIRT21 provides its site and service without any express or implied warranties (See Section (Disclaimers) above). TEESHIRT21 is not responsible for the actions, content, information, or data of third parties. You release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against TEESHIRT21 or any related third parties.

(b) TEESHIRT21 is not liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or relating to the site and service or any agreement between you and TEESHIRT21, even if advised of the possibility of such damages. TEESHIRT21's aggregate liability arising out of or in connection with the site and service or any agreement between you and TEESHIRT21 may not exceed the lesser $100 or the amount of cash actually exchanged between you and TEESHIRT21 within the past six months. Applicable law may not allow the limitation or exclusion of liability described in this Section. In such cases, TEESHIRT21's liability will be limited to the fullest extent permitted by applicable law.

 

User Representations and Warranties; TEESHIRT21's Right to Refuse Performance

If you upload designs or make changes to products in any way (for example, adding custom text), you represent and warrant to TEESHIRT21 that you have all necessary rights (for example, in trademark, copyright, privacy rights, publicity rights, common law, etc.) to use the text or design without violating the rights of any third party. TEESHIRT21 may, in its sole discretion, refuse to print any designs or text that you submit. However, TEESHIRT21 is not obligated to review any of your submissions.

You represent and warrant than any design you upload is an original work created and wholly owned by you, or that you are uploading the design on behalf of and in cooperation with the owner of the design, or that you have acquired the proper licensing rights to use a design for reproduction, display, and distribution from the owner of said design and you acknowledge that neither TEESHIRT21 nor any other party involved with the production of any product incorporating or using a design you upload assumes the responsibility for obtaining such licensing, and that TEESHIRT21’s production of any product depicting a design you upload does not indicate that TEESHIRT21 approves of the design, that the design conforms with any applicable laws, or that you are absolved of any liability or harm arising from your uploading and/or use of the design.

You represent and warrant that the design does not infringe on any rights of third parties, including copyrights, trademarks, service marks, trade secrets, patents, moral rights, rights of publicity, or other intellectual property rights, and that the design does not contain any scandalous, libelous, defamatory, or other unlawful content.

You represent and warrant that there are no outstanding disputes in connection with the property rights, intellectual property rights, or other rights in a design or any parts of a design you upload to the TEESHIRT21 platform.

You understand that TEESHIRT21 will cooperate with intellectual property rights holders and law enforcement in the event of legal proceedings or an investigation related to your account and/or related to any design you upload to the TEESHIRT21 platform. You further understand that TEESHIRT21 will comply a lawfully issued subpoena to provide user information and such other information including sales data and you hereby release TEESHIRT21, its representatives, attorneys, agents, and/or assigns from any and all liability for the release of such information. Furthermore, TEESHIRT21 may withhold any and all payments due to the person uploading the infringing design (regardless of whether those funds are related to the sale of the infringing design or otherwise) and you hereby release TEESHIRT21, its representatives, attorneys, agents, or assigns from any and all liability for permanently withholding.

You understand that TEESHIRT21 has adopted a “repeat infringer” policy wherein an account will be terminated and banned from using, or even accessing, the TEESHIRT21 platform. If an account is terminated pursuant to the repeat infringer policy, any and all monies due and owing to the account holder at the time of the designation may be withheld and you hereby release TEESHIRT21, its representatives, attorneys, agents, or assigns from any and all liability for permanently withholding.

You hereby represent and warrant to TEESHIRT21 that this agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery, and performance by you of this agreement is within your legal capacity and power, has been duly authorized by all requisite action on user’s part, requires the approval or consent of no other persons, and neither violates nor constitutes a default under the (a) provision of any law, rule, regulation, order, judgement, or decree to which user is subject or which is binding upon you, or (b) the terms of any other agreements, document, or instrument applicable to user or binding upon user; and that the actions to be taken by you under this agreement neither infringe nor violate any patent, copyright, trade secret, trademark, or other intellectual or proprietary right of any third party.

Data Protection

TEESHIRT21 collects and uses your information according to its privacy policy. You acknowledge that you are responsible for the securing your own information (including passwords), keeping your sensitive information confidential, and taking responsibility for actions taken in connection with your user account.


Dispute Resolution

(a) The formation, construction, and performance of this agreement (and all other agreements incorporating this agreement by reference) must be construed in accordance with the laws of the United States and Delaware without regard to their choice of law rules. The parties agree that any dispute arising out of or relating to this agreement must be submitted to confidential binding arbitration in Delaware, except that TEESHIRT21 may seek injunctive or other appropriate relief in any state or federal court in Delaware if you have violated or threatened to violate the intellectual property rights of TEESHIRT21 or a third party, or any term of any agreement you have with TEESHIRT21. The parties agree that:

  • the arbitration will be provided by an alternative dispute resolution provider mutually agreed upon by the parties, and if the parties cannot agree, then through the American Arbitration Association;
    claims must be conducted on an individual basis, and not in a class, consolidated, or representative action; and
    any judgment on the award rendered by the arbitrator is final, binding, and may be entered in any court of competent jurisdiction.

(b) If any action or claim is filed in contravention of the arbitration rules provided in paragraph 13(a), the parties agree to personal jurisdiction and venue in the state and federal courts of Delaware and both waive the right to a jury trial. All claims filed or brought contrary to paragraph 13(a) are improperly filed, and the non-filing party is entitled to recover all attorneys 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.


Digital Millennium Copyright Act

TEESHIRT21 will respond to legitimate requests under the Digital Millennium Copyright Act ("DMCA"), and retains the right to deny service to any user if in TEESHIRT21's sole discretion, the usage or content poses a risk of allegations of infringement of the copyright (or other intellectual property right) of others.


Termination of Access

(a) TEESHIRT21 may refuse to provide its site and service to you, in full or in part, effective immediately and without notice, for any reason or no reason, but especially if TEESHIRT21 believes that you (or any others whom TEESHIRT21 believes that you act in concert with) have violated or will violate any laws, rights, or term (or the spirit of any term) of any agreement you are a party to with TEESHIRT21, its affiliates, contractual partners, or users; or if TEESHIRT21 believes in its sole discretion that your use of the site and service may create any risk (including any legal risk) for TEESHIRT21, its affiliates, contractual partners, or users. Limitation of access may include removal or modification of content that you have uploaded or otherwise sent to or through the site and service.

(b) If TEESHIRT21 exercises its rights under Section 15(a), or if you delete your account, this entire agreement and any other agreements you have entered into with TEESHIRT21 will survive indefinitely until otherwise terminated according to their terms, if applicable.

 

Miscellaneous

(a) Entire Agreement. This agreement (along with other policies found on TEESHIRT21's site and service) contains the entire agreement between the parties and replaces all prior oral and written agreements. No oral modifications, express or implied, may change the terms of this agreement. The parties have not relied on any representations or promises relating to the subject matter of this agreement except those contained within the four corners of this agreement.

(b) Relationship of Parties. This agreement and other agreements relating to the site and service do not constitute a joint venture, partnership, agency, employment or fiduciary relationship between the parties, except when one is expressly stated. Neither party nor its agents have any authority to bind the other party, and the relationship of the parties is that of buyer and seller, or independent contractors in certain circumstances.

(c) Successors, Assignment, and Delegation. This agreement inures to the benefit of and binds the successors, assigns, heirs, executors and administrators of the parties. However, you may not assign or delegate any right or duty under this agreement without written consent from TEESHIRT21. Any attempt to do so is null and void. If there is an involuntary assignment, then TEESHIRT21 may reasonably request documentation from your successors or estate to prove that an involuntary assignment of your rights under this agreement has actually taken place.

(d) Means of Notice. Written notices and other communications described herein may be made electronically and are effective when sent or published. You guarantee that the information provided in your orders or user account is accurate and hereby waive all rights or objections relating to not having received notices from TEESHIRT21 because of incorrect or incomplete information.

(e) Enforceability and Severability. If any provision of this agreement is held invalid or unenforceable, the remainder of this agreement will remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it will remain in full force and effect in all other circumstances.

(f) Waivers. Waivers are only effective when in writing. If TEESHIRT21 waives enforcement of a breach of any term of this agreement, later breaches of the same or other terms are not waived. Accepting late performance of any act or late fulfillment of any condition of this agreement is not a waiver of the act or condition itself.

(g) Interpretation Rules. "Or" when used in a group of phrases or nouns intends to include any combination of all or any of the items in the group, and not merely one member or the other of such a group. When "includes" or "including" begins a list of items, the list is not exclusive. All headings used in this agreement are for convenience only, and are not to be taken into account when interpreting the meaning of any term of this agreement

(h) Conflicts. If there are any conflicts between this agreement and another agreement between you and TEESHIRT21, then the terms of that other agreement will control only to the extent they are inconsistent. Otherwise, any additional terms are supplementary to the terms of this agreement.

(i) Reservation. TEESHIRT21 reserves all rights not expressly granted in this agreement.

(j) No Third-Party Beneficiaries. This agreement does not and is not intended to confer any rights or remedies upon any person(s) other than the parties.

(k) Minimum Age. Persons under the age of 13 may not use the site. TEESHIRT21 will not collect, use, or disclose any personal information associated with a person under age 13.

(l) Retroactive Application. You agree that your acceptance of this version of this agreement and all other agreements incorporated by reference apply retroactively to your use of the site and service prior to the effective date of this agreement.


Version: 12/2017