Terms & Conditions

Punsterwear – Terms of Use

 

Effective as of January 1, 2023

Welcome to the punsterwear.com website. The following describes the terms under which we offer products for sale to the public. These Terms of Use act as an agreement between Punsterwear.com and the Member or Guest visitor which are immediately are in force upon Member’s or guest’s access to the website.   

 

Introduction

By being either a Member account holder or Guest visitor, you accept these Terms of Use and the following terms, conditions, and policies, including any future amendments (collectively, the “Agreement”) which includes those terms laid out in our Privacy Policies.

 

If you register as a Member account holder or simply make a purchase from punsterwear.com as a guest, whether for yourself or on behalf of a business or other organization, you represent and warrant that you have the authority to bind that organization and that your acceptance of this Agreement will be treated as acceptance by that organization.

 

Changes and Modifications

We may change or amend these terms from time to time. If we make material changes, we will notify you, either through the user interface, in an email notification, or through other reasonable means. Your use of the Service after the date such change(s) become effective will constitute your consent to the changed terms. If you do not agree to the changes, you must immediately cease navigating to punsterwear.com, otherwise, the new terms will apply to you.  

 

As long as you comply with this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the website as it is intended to be accessed and used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.

 

Links To Other Sites

The website may contain links to independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our common ownership or common corporate control, and we are not responsible for and do not necessarily endorse the content or practices of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

 

Description of Services

General Description

The Service is an online sales platform (Shopify) that allows Members and Guest visitors to order products (t-shirts and other miscellaneous merchandise) by selecting a specific item design, style, color and size through the website (shopify store) and processed through our on-demand printing partner who prints and ships the order.  All items are considered a custom order as they are printed “on-demand” as authorized by the customer Member or guest.  For returns policies, please see the “Returns” section of this Terms of Service page.

 

Age Limits

You must be a minimum of 13 years old to access this site.  Children under the age of 13 must have the consent of your parent or guardian, who must hereby consent to these terms to use the punsterwear.com website. In accordance with Federal Children’s Online Privacy Protection Act of 1998 (“COPPA”), we will never knowingly solicit, nor will we accept, personally identifiable information from users of the Service known to be under thirteen (13) years of age. Please see our privacy policy for additional information or for how to notify us of any concerns you may have in this regard.

 

Adult Content

 We do not post any “adults only” content by way of pornography or other offensive content.  That being said, there might some content that is political or risqué in nature which may be offered on this site.  If you take issue with any content being offered, please don’t hesitate to contact us at CustomerSupport@punsterwear.com and we will consider your concerns.

 

 

Conditions of Use

As a condition of your use of this Website, you agree to the following:

You will not download, post, email, transmit, or otherwise make available any content herein that is in violation of copyright law, trademark law, or any other law protecting intellectual property in any jurisdiction, or that violates an individual’s right to publicity or privacy.

 

You will not use this Website to harass, threaten, impersonate, or intimidate anyone.

 

You will not download and post, email, transmit, or otherwise make available any content offered herein for use alone or in conjunction with any kind of advertisement, promotion, announcement, letter, on any other Website, publication or social media platform that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.  This also falls under #1 above with regards to copyright infringement.

 

You will not download, post, email, transmit or otherwise make available any of the content herein offered on this Website as unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.

 

You will not transmit any worms or viruses or any code of a destructive nature. 

 

You will not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code, in part or in its entirety, of this Website or any and all of the content offered herein.

 

You will not violate any local laws in your jurisdiction (including but not limited to intellectual property laws).

 

You will not use any of the products offered for sale on this Website for any illegal or unauthorized purpose. If you are an international visitor, you agree to comply with all local laws regarding online conduct and acceptable content.

 

You will not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm, or methodology (or any similar or equivalent manual process) to access, acquire, copy, or monitor any portion of the Website and content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any User Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely and expressly made available through the website. We reserve the right to bar any such activity.

 

Your Member Account

A registered Member account is required to hold personal information willingly entered on our servers via a form on the site.  This allows quick retrieval of order history, shipping and payment details when a Member customer returns after creating a Member account.  Member accounts also give Punsterwear.com the ability to send special discounts and other offers as a thank you for their repeat patronage.  You are not required to sign up for a Member account.  You also have the option to purchase as a visiting Guest each time you place an order only you will need to manually enter all your information each time to complete the order and shipping process.

 

 Your Password

You are solely responsible for creating and maintaining the password you assign your Member account. If you forget your password, you can reset it by clicking on the “forgot password” link when trying to login to your Member account.  You will be sent an email or text requiring you to confirm you are the legal owner of the Member account and then a “reset password” prompt will be made available to complete the process of resetting your password.   You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to immediately notify us of any unauthorized use of your account or password, or any other breach of security.

 

 Information You Provide

You must provide us with accurate and complete contact and other requested information when you register as a Member account.  In certain circumstances, we will also request that you provide us – or our third party partners – with payment / electronic transaction information. If any of this information changes, you can make those changes by logging into your Member account.

 

Content

The website www.Punsterwear.com is an online sales platform that lets Members and Guests select from multiple categories designs to be printed on various products.  This includes t-shirts, sweatshirt, mugs, bags, water bottles and more.  All content “artwork” is covered by US copyright and the ownership rights of content being displayed on this website.

 

 

Buyer Payments, Returns, Refunds, and Cancellation Policy

 

Type of Payment

This website is intended for Members and Guests using a valid credit card or other valid form of payment service as made available during the checkout process.  We currently offer Shopify, Paypal, Googlepay, and ApplePay).  If we add more payment funnels, we will advise all our Member customers  with an email notification. 

 

 Time of payment

Due to the “on-demand” custom nature of the service we provide, when a Member customer or Guest customer places an order, a final authorization form will popup asking for a final authorization to go ahead and complete the order.  It must be acknowledged by Member customer or Guest customer, that his is a non-refundable, custom order once order is authorized and submitting into our order processing system.  In light of this, all  Member customers or Guest customers will be charged at the time the order is placed.  

 

Time of Shipment

All Products ordered will be printed and shipped with 2-3 business days.  Printing time does not include the transit time upon shipment.  This will depend on location, mode of shipment and any unforeseen backorders on the blank stock on which the design(s) are being printed.  In the isolated case of a backorder like this, you will be immediately notified.  Generally, when a specific type of product is out of stock, it will show on the website as “inactive” and give you the option to order a similar style and color with the same design.  

 

Cancellations, Refunds, & Exchanges

Because of the customized nature of Products, we do not allow cancellations, refunds, or exchanges. If, upon receipt of your finished Product, you feel that your order was incorrect due to an error on our part, please email us within fourteen (14) days of your delivery date. Claims are handled on a case-by-case basis. www.customersupport@punsterwear.com

 

Affiliate Programs and Wholesale Purchases

We are not offering any affiliate programs at this time.

If you wish to make a wholesale purchase, please inquire by sending an email to: www.customersupport@punsterwear.com and put “Wholesale inquiry” in the subject line.

DMCA / Intellectual Property

If you believe that we have violated a copyright, trademark right, or any other intellectual property right you claim in your work, please contact us immediately with information on the infringement so we can take appropriate action.  

Our Intellectual Property

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, “Our Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of Our Content, contained in the Service is owned, controlled, or licensed by us, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property and other rights.

 Violation of this Agreement - Termination

You agree that we may, in our sole discretion and without prior notice to you, terminate your access to your Member account and/or block your future access to your Member account, if we determine that you have violated this Agreement or other agreements or guidelines which may be associated with your use of this website and all of its content.

 

If we take any legal action against you as a result of your violation of this Agreement, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted. You agree that we will not be liable to you or to any third party for termination of your access to your Member account.

 

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.  ANY GOODS  PRODUCTS THROUGH www.punsterwear.com , IS PROVIDED ON AN “AS AVAILABLE” BASIS. WE AND OUR PARENTS, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, LICENSORS, AND ANY PARTY UNDER OUR COMMON OWNERSHIP OR COMMON CORPORATE CONTROL (“OUR AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE AND OUR AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED.

 

ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED, VIEWED, SHARED, OR OTHERWISE ACCESSED THROUGH THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK; YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOADING, VIEWING, SHARING, OR OTHERWISE ACCESSING OF SUCH MATERIAL. NO ADVICE, REPRESENTATION, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU EITHER FROM US OR THROUGH THE PUNSTERWEAR.COM WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

 

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT WE MAY MAKE TO THE WEBSITE  OR SERVICE PROVIDED; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE WEBSITE; (c) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY USER CONTENT MAINTAINED THROUGH THE WEBSITE; OR (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

YOU SPECIFICALLY ACKNOWLEDGE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE INFRINGING, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

Exclusions and Limitations

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, OUR LIABILITY AND THAT OF OUR AFFILIATES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

Indemnification

You will defend, indemnify, and hold us and Our Affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) we may incur in connection with any claim arising out of your breach of this Agreement. We reserve the right, but have no obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 

General Terms

Entire Agreement

This Agreement is the whole legal agreement between you and us. It governs your use of the Website www.punsterwear.com and completely replaces any prior agreements between you and us with respect to the Website. You may also be subject to additional terms and conditions that may apply when you use or purchase other services from us, our affiliates, or our parents or subsidiary entities.

 

Governing Law

You agree that all matters relating to your access to or use of the Website www.punsterwear.com, including all disputes, will be governed by the laws of the State of California without regard to its conflicts of law’s provisions. You agree to the personal jurisdiction by and venue in Los Angeles County, California, and waive any objection to such jurisdiction or venue.

 

Dispute Resolution

In the event of any controversy or dispute between you and us arising out of or in connection with your use of the Service, we will attempt, promptly and in good faith, to resolve the dispute. If we are unable to resolve any such dispute within a reasonable time, not to exceed ninety (90) days, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or your use of the Service shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

 

The place of arbitration shall be Los Angeles County, California.  The arbitration shall be governed by the laws of the State of California. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. The arbitrator(s) shall award to the prevailing party, if any, as determined by the arbitrators, all of their costs and fees. "Costs and fees" mean all reasonable pre-award expenses of the arbitration, including the arbitrators' fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and all other related fees incurred. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

 

Statute Of Limitations

You agree that, regardless of any statute or law to the contrary, any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.

 

Severability of Terms; Non-waiver of Terms; Assignment

If any portion(s) of the Agreement is held to be invalid or unenforceable, such provision(s) shall be stricken and the remainder of the Agreement enforced as written. If we do not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver or relinquishment of our rights. We may assign or delegate all rights and obligations under the Agreement, fully or partially.

 

Notices

We may provide you with notices, including those regarding changes to the Agreement, by email, by regular mail, or by postings to the Service. Chorus Enterprises mailing address is PO Box7201, Burbank, California 91510 USA. If you have general questions or concerns regarding these Terms of Use, please contact us in writing.

  

U.S. Copyright Laws

The basis of copyright protection in the U.S. is the Copyright Act of 1976. It grants authors and artists the exclusive rights to reproduce, distribute, and display their works.

 

Websites fall under this protection because they contain creative elements like written content and images.

 

Copyright protection begins immediately at the time of creation however, this Website and all of its content, including all intellectual property, has also been registered with the U.S. Copyright Office.  Any and all copyright infringement cases will be prosecuted to the full extent of the law.  This Website is also protected by various international copyright treaties and conventions which include:

 

• Berne Convention
• Universal Copyright Convention
• World Intellectual Property Organization

 The only exception to this protection is works for hire. If you draft a website for another entity and the contract grants ownership of its elements to it, you do not enjoy copyright protection and your client can use the website material however they wish. Some independent developers maintain copyright ownership in their work, especially if the material involves substantial effort, like original photography, videos or even blog articles.

 

Rights and Ownership

Chorus Enterprises, Punsterwear.com, its owners and affiliates who have been involved in the creation, posting or display of all intellectual property, otherwise known as “content” or “works of art” which includes images (photography), paintings, written content, or video)  included for posting and/or display on all of its domains/websites retains the rights to post or display said works of art.

 

Whether accompanied or not by the “copyright” logo () or the copyright phrase “copyright” or “All rights reserved”, based on copyright law, all content included in the Website, are considered protected by copyright law the moment the website was created.   All images/artwork used as reference in order for a customer to print on the various mediums for sale, including t-shirts, sweatshirts, hoodies, hats, water bottles, mugs, etc.) are protected by certificates of copyright through the US Copyright Office with licenses on file to sell said pictures commercially that were a work-for-hire.

 

Unless otherwise agreed in writing, it is considered an infringement of copyright to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and/or display any and all content contained in this Website, usernames or likenesses, logos, or any other form of content that exists on this Website for use all or in part in all media formats and distribution methods now known or later developed by the industry.

 

Copyright Fair Use

 There is one exception to copyright infringement and that is fair use. Not to be confused with "free use" it is the limited and reasonable use of copyrighted material that does not interfere with an owner's rights.

 

Fair use is appropriate for public benefit purposes, like research and information. Parodies also fall under this exception as well as any comment or critique.

 

The most common online example of fair use is product reviews. If a blogger, individual or 3^rd party website reviews a product sold on this Website, it often needs an image. A picture of the item is vital for completing the review. This falls under the fair use code found in U.S. Code 17 107  and does not require permission from the copyright owner.

 

We encourage using our images for reviews or educational purposes but when they are being used in a commercial setting, namely to sell, distribute, display on other media formats for the specific intent of financial gain, it no longer falls under the laws of “fair use”, and attempts will be made to cease and desist until further legal action will most certainly follow if necessary. 

 

Best practices under fair use would be to include a “Fair Use Disclaimer” whenever you intend on using some content from the Website for your own use. An important part of any fair use disclaimer is that you cite the relevant law. In this case, it's pretty simple. You just need to refer to U.S. Code 17 107 – Limitations on exclusive rights: Fair use. 

 

This gives your readers and the owner of the intellectual property a heads up that you are aware that you are using copyrighted material for your own use under the “Fair Use” law.  Information regarding how to write a “Fair Use Disclaimer” can be found here. 

 

We make every effort to protect our Website and its content from infringement in this free and open online world.  We work very hard to create new and interesting content, whether it includes text, graphics, photographs or video which is why we register and continually update registrations to maintain the legacy and integrity of our work.

 

 DMCA Copyright Policy

Chorus Enterprises and all its affiliates and websites (aka Punsterwear.com) have adopted the copyright infringement policy in accordance with the Digital Millennium Copyright Ace (the DMCA). https://www.copyright.gov/dmca/#:~:text=In%201998%2C%20Congress%20passed%20the,between%20copyright%20and%20the%20internet.

 

Reporting Instances of Copyright Infringement:

If you believe that content residing or accessible on or through this Site infringes a copyright, please send a notice of copyright infringement containing the following information to support@punsterwear.com

Identification of the work or material being infringed.

• Identification of the material that is claimed to be infringing, including its location (copy/paste URL link), with sufficient detail so that we are capable of finding it and verifying its existence.
• Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and email address.
• A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
• A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying party is authorized to make the complaint on behalf of the copyright owner.
• An official certificate of copyright issued from the U.S. copyright office in Washington DC showing a sample of the copyright owner’s work, name of work, copyright issue number and information of the copyright owner (ie: copyright owner name, copyright date of issue and expiration) if available.

If you are reporting a copyright infringement on behalf of the copyright owner, we would require a physical or electronic signature of such person authorized to act on behalf of the owner of the copyright and including the information required above to identify the alleged copyright owner’s work.

Once we have been able to verify the copyright owner’s claim as legitimate pursuant to a valid DMCA notice, Chorus Enterprises will immediately notify the copyright owner making the claim of infringement that the infringing material has removed or disabled access from the website.