Terms of service
OVERVIEW
- This website is operated by PunsterWear.com. Throughout the site, the terms “we”, “us” and “our” refer to PunsterWear.com. PunsterWear.com offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
- By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
- Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
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- Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
· Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
GENERAL DESCRIPTION
- The Website is an online sales platform (Shopify) that allows Members and Guest visitors to order products (t-shirts, sweatshirt, mugs, bags 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 return policies, please refer to our Refund Policy page (click here).
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.
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 punsterwear@gmail.com and we will consider your concerns.
GENERAL CONDITIONS
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We reserve the right to refuse Service to anyone for any reason at any time.
· You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
· You agree NOT to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
· We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
MODIFICATIONS TO THE SERVICE AND PRICES
· Prices for our products are subject to change without notice.
· We reserve the right at any time to modify or discontinue products (or any part or content thereof) without notice at any time.
· We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance or products without prior notice.
PRODUCTS OR SERVICES
· Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy:
· We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
· We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
· We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
· We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
· We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
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.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
· We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.
· We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
· You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy:
THIRD-PARTY LINKS
· Certain content, products and Services available via our webiste may include materials from third-parties.
· Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
· We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
· If you send a submission with new artwork or designs for our consideration to use on our products, they will be immediately returned. We are not looking for artists or contributors for hire (or gratis) on any payment or commission basis at this time. This includes any creative ideas, suggestions, proposals, plans, or other materials, received online, by email, by postal mail, or otherwise (collectively, 'comments'), they will be immediately returned.
· Constructive comments and/or feedback on the website are encouraged. We are always looking to improve our service to you.
PERSONAL INFORMATION
· Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here:
ERRORS, INACCURACIES AND OMISSIONS
· Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
· We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
· In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
a) for any unlawful purpose;
b) to solicit others to perform or participate in any unlawful acts;
c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f) to submit false or misleading information;
g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
h) to collect or track the personal information of others;
i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
j) for any obscene or immoral purpose; or
k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY, INDEMNIFICATION
· We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, or error-free.
· You agree to indemnify, defend and hold harmless PunsterWear.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service and Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
· In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
· The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service and Use cease to be in effect when you leave the site and are no longer using it.
ENTIRE AGREEMENT
· The failure of us to exercise or enforce any right or provision of these Terms of Service and Use shall not constitute a waiver of such right or provision.
· These Terms of Service and use and any policies or operating rules posted by us on this site or in respect to the website constitutes the entire agreement and understanding between you and us and governs your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service and Use).
· Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
· These Terms of Service and Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
CHANGES TO TERMS OF SERVICE
· You can review the most current version of the Terms of Service and Use at any time at this page.
· We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service and Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms of Service and Use constitutes acceptance of those changes.
COPYRIGHT
U.S. Copyright Law
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 design 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, or written content) included for posting and/or display on all of its domains/websites retains all copyrights which afford the copyright owner the rights to post or display said works of art. This includes all artwork and content included in this website.
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 3rd 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 reason 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.
CONTACT INFORMATION
Questions about the Terms of Service and Use or copyright should be sent to us at punsterwear@gmail.com.
Our contact information is posted below:
PUNSTERWEAR.COM
punsterwear@gmail.com
PO BOX 7201 BURBANK CA 91510
1-818-506-4685