These Terms govern your access to, usage of all content, Product and Services available at whatshirts.com website (the “Service”) operated by whatshirts.com (“us”, “we”, or “our”).
Your access to our services are subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules and policies published and that may be published from time to time by us.
Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to any part of the terms of the Agreement, then you may not access or use our Services.
Accounts
Where use of any part of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account.
You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account that you use to access the Service. You shall not share or misuse your access credentials. You must notify us immediately of any unauthorized uses of your account or upon becoming aware of any other breach of security.
Termination
We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.
If you wish to terminate the Agreement or your whatshirts.com account, you may simply discontinue using our Services.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer
Our Services are provided “AS IS.” and “AS AVAILABLE” basis. whatshirts.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither whatshirts.com, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of USA.
The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in New York, USA.
Changes
whatshirts.com reserves the right, at our sole discretion, to modify or replace these Terms at any time.
If we make changes that are material, we will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect.
If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective.
Your continued use of our Services will be subject to the new terms.
Welcome to whatshirts.com. We value your engagement and are committed to providing a rich, interactive experience. Before you dive into our content and services, please take a moment to review our Terms of Service outlined below.
Acceptance of Terms
By accessing or using whatshirts.com, including any associated content, features, services, or applications (collectively, the “Services”), you agree to be bound by these Terms of Service (“Agreement”). This Agreement forms a legal contract between you (“User” or “You”) and whatshirts.com, or its applicable affiliate (“Company,” “We,” or “Us”).
Your use of the Services signifies your acceptance of this Agreement and any future amendments. If you are using the Services on behalf of a company or entity, you represent that you have the authority to bind that entity to this Agreement. If you do not agree with these terms, you should not use the Services.
Changes to Terms
We reserve the right to modify this Agreement at any time. Any changes will be effective immediately upon posting to the Services, and your continued use of the Services thereafter constitutes your agreement to such changes. We encourage you to regularly review this Agreement.
Account Registration and Use
- Account Creation: You agree to provide accurate and complete information when creating an account and to keep that information updated. You are responsible for all activities under your account and agree to maintain the security of your password.
- Subscriptions: For any subscription-based service, you agree to keep your payment information current. We will bill you in accordance with the terms of the subscription offer at the time of enrollment.
- Content and Conduct: You are responsible for your use of the Services and for any content you provide, including compliance with applicable laws, rules, and regulations. You agree not to upload or share content that is illegal, offensive, or infringes on the rights of others.
Intellectual Property
- Your Content: You retain ownership of your content, but by posting on the Services, you grant us a license to use, modify, perform, display, reproduce, and distribute your content in connection with the Services.
- Our Content and Services: The Services, including all intellectual property therein, are owned by or licensed to us. You are granted a limited, non-exclusive right to access and use the Services for your personal, non-commercial use.
The Agreement does not transfer from Us to you any of Ours or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with whatshirts.com and its licensors.
Third-Party Links and Content
The Services may contain links to third-party websites, applications, and advertisements. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us.
In using the Services, you may use third-party services, products, software, embeds, or applications developed by a third party (“Third Party Services”).
If you use any Third Party Services, you understand that:
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party websites or Services.
- You acknowledge and agree that We shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods or services available on or through any such web sites or services.
Procedure for Making Claims of Copyright Infringement.
If you believe content posted on the Services infringes your copyright rights, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of the location on the Services of the material that you claim is infringing;
- your address, telephone number, and e-mail address;
- a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Correspondence to our Copyright Agent regarding notice of claims of copyright infringement should be addressed to sales @whatshirts.com
- Company maintains a policy to terminate in appropriate circumstances the Service use privileges of all repeat infringers of copyright rights.
- Please Note: The Copyright Agent has no responsibility for and will not respond to Usage/Reprint permission requests or Subscriber/Customer Service inquiries.
Indemnification
You agree to indemnify and hold harmless the Company and its affiliates, officers, agents, and employees from any claim or demand made by any third party due to or arising out of your use of the Services, your violation of this Agreement, or your violation of any rights of another.
Disclaimer of Warranties and Conditions
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF THE SERVICES OR INFORMATION ON THE SERVICES, AND THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES AND PRODUCTS. THE COMPANY PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. THE COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (A) THE SERVICES OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS OR (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR PRODUCTS OR SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION. OUR PRODUCTS AND SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT COMPANY AND ITS USERS ARE NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR PRODUCTS AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Disclaimer of Certain Damages.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cap on Liability
UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE COMPANY PARTIES ARE LIABLE TO YOU EXCEED THE GREATER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO COMPANY BY YOU DURING THE TWELVE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (X) DEATH, TANGIBLE PROPERTY DAMAGE, OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S GROSS NEGLIGENCE OR FOR (Y) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
Basis of the Bargain
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES.
Exclusions.
THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS.
Disclaimer of Warranties
The Services are provided “AS IS” and “AS AVAILABLE.” We disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Services.
Governing Law
This Agreement shall be governed by the laws of the State of New York, USA, without regard to its conflict of law provisions.
Contact Us
For any questions or concerns regarding these Terms of Service, please contact us at:
sales@ whatshirts.com