Welcome to Whever Transfers. A next-gen custom transfer printing company.
As updated from time to time as provided for herein, these Terms and Conditions govern Your access to and use of the Site and Your purchase of Products (defined below) from Whever Transfers. You should carefully read these Terms and Conditions. Your use of the Site means that You have read and understand these Terms and Conditions, and that You have entered into a binding legal agreement with Whever Transfers. If You do not accept and agree to be bound by all of the Terms and Conditions You should discontinue Your use of the Site. If You are using the Site on behalf of Your employer or any other individual or entity, You represent and warrant that You have the authority to bind such employer, other individual or entity.
The "Company" means Whever Transfers and any and all related entities (e.g., affiliates and subsidiaries), and their respective members, officers, directors, employees, affiliates, agents, attorneys, licensors and representatives.
"Content" means, without limitation, text, graphics, photos, graphs, artwork, marketing tools, marketing works, copyright-protectable subject matter, trademarks, service marks, illustrations, images, characters, logos, button icons, clip art, audio clips, digital downloads, data compilations, software and software hyperlinks, video, music, or other audio clips, and any other information, materials, or services that are accessible from the Site (e.g., that may be contained in, displayed on, downloaded from, or uploaded to the Site).
"Products" means any goods or products made available to You by Company on, by or through any Site, including custom prints. "Services" means any services made available to You by Company on, such as custom prints, by or through any Site.
"Site" includes the Site, all other Company owned or operated websites or sites, and all subsequent pages made available by or through the Site and such other Company websites. Please note, however, that the Site may contain links to third party websites or sites as discussed in more detail below. Once such a third party link has been accessed, a User is no longer accessing the Site.
"User" means a person who uses, or who has registered to use, the Site.
"You" and "Your" means You, an individual user entering into the Agreement, or the individual or entity on whose behalf You enter into the Agreement and encompasses all principal(s) or officers(s), partners, shareholders, officers, directors, employees, or authorized representatives thereof.
EXCEPT AS OTHERWISE PROVIDED HEREIN THE SITE AND THE PURCHASE OF PRODUCTS IS PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. WITHOUT LIMITATION, WE DO NOT WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE SITE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE SITE, INCLUDING THE SERVERS ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) YOUR INFORMATION WILL NOT BE DISCLOSED, OR (D) INFORMATION PROVIDED IN THE SITE IS COMPLETE, ACCURATE, ERROR-FREE, OR UP-TO-DATE. YOU ACKNOWLEDGE THAT THE COMPANY PROVIDES LISTINGS AND LINKS FOR THIRD PARTY CONTENT; THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING SUCH THIRD-PARTY CONTENT, INCLUDING THE QUALITY OR QUANTITY OF SUCH THIRD PARTY CONTENT LISTED OR LINKED TO ON OR FROM THE SITE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY CONTENT FROM THE SITE, WHETHER THROUGH INFECTION BY A VIRUS OR OTHERWISE.
EXCEPT AS OTHERWISE PROVIDED HEREIN USE OF THE SITE OR THE PURCHASE OF PRODUCTS IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO YOUR HAVING INPUT YOUR INFORMATION. THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE IF YOUR INFORMATION BECOMES DISCLOSED THROUGH THE ACT OF A THIRD PARTY OR THROUGH THE NEGLIGENCE OR DELIBERATE ACTION OF THE COMPANY. THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES UNDER THIS AGREEMENT OR BASED ON YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, DIRECT, INDIRECT, ATTORNEYS' FEES, DAMAGES FOR LOSS OF PROFITS OR LOSS OF BUSINSESS, LOST DATA, DAMAGE CAUSED TO YOUR HARDWARE OR SOFTWARE, GOODWILL OR OTHER INTANGIBLE LOSSES OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY ARISING OUT OF OR RELATED TO THE SITE OR THE CONTENT, PRODUCTS OR SERVICES OFFERED THROUGH THE SITE IS TO STOP USING THE SITE, CONTENT, PRODUCTS AND/OR SERVICES AND, IF YOU HAVE CREATED AN ACCOUNT, TO CANCEL YOUR ACCOUNT. IN NO EVENT SHALL THE COMPANY'S LIABILITY TO YOU ARISING OUT OF ANY KIND OF LEGAL CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN ANY WAY CONNECTED WITH THE SITE OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE EXCEED THE AMOUNT THAT YOU PAID TO THE COMPANY FOR A PARTICULAR PRODUCT OR SERVICE, IF ANY.
THE COMPANY SHALL HAVE NO LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE SELECTION APPLICATION, SUITABILITY OR USE OF THE PRODUCTS BY ANYONE. BY ACCEPTANCE OF PRODUCTS, YOU ASSUME ALL LIABILITY FOR ANY DAMAGES THAT MAY RESULT FROM USE OR MISUSE BY YOU, YOUR EMPLOYEES OR BY OTHERS. YOU SHALL INDEMNIFY THE COMPANY AGAINST ALL LIABILITY OR EXPENSE THAT MAY BE SUSTAINED BY THE COMPANY AS A RESULT OF ANY LOSS, DAMAGE, OR INJURY. THE COMPANY'S LIABILITY (WHETHER UNDER THE THEORIES OF BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) FOR ITS PRODUCTS SHALL BE LIMITED TO, AT THE COMPANY'S OPTION, REPAIRING OR REPLACING PRODUCTS FOUND BY THE COMPANY TO BE DEFECTIVE. THE LIABILITY OF COMPANY FOR ANY PRODUCT PURCHASED IS LIMITED TO A MAXIMUM OF THE VALUE OF THAT PRODUCT. THERE ARE NO OTHER WARRANTIES, EXPRESS, OR IMPLIED WITH RESPECT TO ANY PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR LABOR, MANUFACTURER DEFECTS, DAMAGE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.COMPANY WARRANTS ONLY THAT A PRODUCT SHALL BE FREE FROM MATERIAL DEFECTS ON THE DELIVERY DATE, PROVIDED, YOU STORE AND HANDLE THE DELIVERED PRODUCTS IN SUCH A MANNER THAT MEETS OR EXCEEDS THE STORAGE AND HANDLING PROCEDURES UTILIZED BY COMPANY.
You must provide Company with written notice of any warranty claims no later than thirty (30) days after receipt of the applicable order of Products. Failure to provide written notice within such 30-day period shall void Company's warranties with respect to the Products in their entirety. Company shall, upon written notice from You, either (at its option) replace the defective portion of the Products, or accept return thereof and refund the price paid by You for the defective portion. Any misuse, improper handling, storage, use, modification or alteration of the Products by You or any third party shall void the forgoing warranty. You shall remain entirely responsible for any shipments by You for purposes of returning defective Products or packages hereunder to Company, and all risk of loss or damage during shipment shall be borne by You.
You agree and acknowledge that any benefits derived from use or resale of Products will depend on factors that vary from business to business and which are not within the control of company. You are responsible for the selection of the Products to meet Your and Your customers' needs, and Company makes no warranty as to the results to be obtained from the use or sale of the Products in Your business.
Merchandise is subject to change or withdrawal, or may be temporarily or permanently out of stock. Thus, Company shall not be liable for any delay or cancelling of any order.
Company reserves the right to alter, discontinue, or add any Products or Services at its sole discretion. Company reserves the right to change any and all Products and Services provided and to make changes to its systems, including but not limited changes to system hardware, software (e.g., Applications), and access and use procedures without notice.
If You supply original materials (e.g., art) to Company, it assumes no responsibility for preserving the condition of the materials, to return them, or to store them for any set period of time.
Delivery of any Products may be made using any one of a number of delivery services. Company cannot accept any liability for the failure to fulfill a promised delivery time. Among other things and without limitation, Company is not responsible for delays due to inclement weather or the selection by You or us of one service over another. Nor is there any promise to provide rush delivery, even if requested. The risk of loss for Products passes to You once Products are loaded by a delivery service at a company facility.
You represent, warrant and covenant that:
A. You are at least 18 years old or older. The Site is intended only for those ages 18 or older. If You are under 18, You may not register or submit personally identifiable information on, to or through the Site. Company does not collect personally identifiable information from any person it knows to be under 18.
B. You are entering the Agreement with a sound mind and not under duress or emotional distress.
C. Any information that You have or shall provide to the Company through the Company Website is true and accurate, and You shall modify such information as necessary or appropriate to maintain the accuracy of the information. You shall not represent that You are anyone other than Yourself. You shall not impersonate any other individual or entity.
D. You shall at all times comply with all applicable laws, rules and regulations with respect to Your use of the Site and with respect to any Product or Service related thereto.
E. You shall not use the Site to infringe, misappropriate or violate any rights of the Company and/or any third party, including, but not limited to any User of the Company or any entity associated with or visiting the Site.
F. You shall comply at all times with the Agreement, including any modifications to the Agreement and/or the Agreements to which there is or may in the future be a link and a reference herein.
G. You shall not upload or use any Content that does not meet acceptable community standards, including Content that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful or otherwise objectionable; that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age or disability; or containing defamatory, false or libelous material.
H. The unauthorized use of the trademarks (whether registered or not) or copyrighted material (e.g. designs) is illegal. You represent and warrant that You do not violate any rights whatsoever of any third party with respect to any uploaded Content and its use by Company pursuant to any order You place. Thus, You are the owner or permitted licensee of any Content that You upload or provide to the Site, and have the complete right and ability to provide such Content to the Site according to the terms of the Agreement. This further means that such Content may be printed on or otherwise applied to the products ordered by You without violating any rights of any third party, including, but not limited to (i) any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy or publicity; and (ii) any right to make available under law or contractual or fiduciary relationships. Among other things, You thereby represent and warrant that You have the right to use, copy and distribute each and every trademark, service mark, trade name, logo, phrase, graphic, artwork, name, image, photograph, portrait, picture or illustration of anything that You upload to the Site including its reproduction on a product You buy on the site.
The burden of compliance of this provision rests solely with You. You are wholly responsible for obtaining all proper permissions and licenses from third parties whose rights may be violated or infringed by the use of any material protected by any Intellectual property right or other proprietary right. The Company has no duty or responsibility whatsoever to determine whether You have complied with any of Your representations, warranties and covenants. As set forth below, You fully indemnify Company from assertions made by any third party related to Your failure to comply.
I. Your use of any Company supplied Content that may be printed on or otherwise applied to the products ordered by You is wholly limited to such printing or application. No further use of such Content is allowed whatsoever including any or all derivative works. Among other things, this means that designs created from Content such as clip art provided by the Company are in no way the exclusive property of Users or their customers who assemble such designs.
Customer's Rights to use Trademarks
Any customer ordering custom-imprinted merchandise from Whever Transfers represents and warrants to Whever Transfers that he or she has the unrestricted right and authority to use, copy and distribute each copyright, trademark, service mark, trade name, logo, statement, portrait, graphic, artwork, photograph, picture or illustration of any person or any other intellectual property in the way it is applied to promotional merchandise. Purchase of merchandise from Whever Transfers in no way, shape or form grants a customer permission to reproduce logos, nor does it transfer, grant, or lease ownership of any logos or trademarks to a customer. To use any logo a customer MUST have written permission from the registered owner of the logo or trademark, or be an authorized agent or affiliate of the registered owner of the logo. A customer may NOT use any logo in a manner that may infringe copyright laws. A customer also may NOT use any logo in a vulgar, illegal, and/or unlawful manner. Whever Transfers assumes no responsibility for damages or any wrong doing that the purchaser may cause using a logo. Whever Transfers shall not be held liable for the unauthorized, improper, or illegal use of any logo or trademark that is applied to promotional merchandise purchased through Whever Transfers. Whever Transfers will also not accept responsibility or liability for the actions of clients who have misrepresented their ownership of licenses or trademarks. Whever Transfers will reserve the right to refuse orders from any customer who has violated or otherwise infringed upon the intellectual rights of others. Whever Transfers will not accept responsibility for claims of infringement arising out of Whever Transfers' manufacture or sale of any custom merchandise (i.e., merchandise not currently in Whever Transfers' catalogue) the design, appearance, functionality or specifications of which are requested by the Customer.
You agree to indemnify, defend, and hold the Company harmless for, from and against all liabilities, losses, claims, actions, expenses and damages (including attorneys' fees and expenses including the cost of collection on any past due invoice) resulting from Your breach of this Agreement or use of the Site, including without limitation (1) any breach of foregoing representations and warranties, or (2) any actual or alleged infringement of a third party's intellectual property rights. Without limiting the generality of the foregoing, You agree to indemnify, defend and hold Company harmless for, from and against any improper or illegal use of Your account, including the improper or illegal use of Your account by someone to whom You have given permission to use Your account. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with the Company in the defense or in asserting counterclaims to any such claims and You shall continue to pay all costs, expenses and attorneys' fees following the Company's assumption of control (including, but not limited to the right to select counsel and to make all strategic decisions in any litigation or other proceeding related in any way to the foregoing) until the matter is resolved, as well as any resultant damages.
You agree that all matters relating to the Agreement and/or Your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Long Beach, California, and waive any objection to such jurisdiction or venue.
The Agreement constitutes the entire agreement between the parties with respect to Your use of the Site, and supersedes all prior agreements between the parties, whether written or oral, relating to Your use of the Site.
Your use of the Site shall be governed by this Agreement and to the extent that this Agreement conflicts with any other Agreement of the Company with respect to access to the Site, this Agreement shall control.
Company shall not be responsible or liable for any delay or failure in performing its obligations under this Agreement to the extent such delay or failure is the result of causes outside of its reasonable control, including, without limitation, power outages, accidents, strikes, fires, war or acts of God.
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