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Terms & Conditions of Use


 

IMPORTANT: INKEASY.COM TERMS AND CONDITIONS (THE “AGREEMENT”) IS A LEGALLY BINDING AGREEMENT BETWEEN YOU, AN INDIVIDUAL OR A SINGLE ENTITY (“YOU” OR “YOUR”), AND NHD ENTERPRISES, INC. D/B/A InkEasy (“InkEasy”) THAT SETS FORTH THE TERMS AND CONDITIONS FOR THE USE OF BY YOU OF THE inkeasy.com WEB SITE AND ASSOCIATED PROGRAMS, DATABASES AND ANY OTHER SERVICES, SUPPORT, OR DOCUMENTATION PROVIDED THEREWITH (THE “SERVICES”). InkEasy LICENSES THE SERVICES TO YOU UPON THE EXPRESS CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS WEB SITE AND UTILIZING THE SERVICES HEREIN, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. EACH TIME YOU ACCESS THE SERVICES, WHETHER THROUGH THE WEBSITE, YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT. InkEasy IS UNWILLING TO PROVIDE YOU WITH ACCESS TO THE SERVICES UNLESS YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DECLINE TO ACCEPT THESE TERMS, PLEASE EXIT THE WEBSITE AND DISCONTINUE USE OF THE SERVICES CONTAINED HEREIN.

EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, InkEasy RESERVES THE RIGHT TO MAKE CHANGES TO THIS SITE AND TO THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. YOU SHOULD REVIEW THESE TERMS EACH TIME YOU ACCESS THIS SITE.

YOU ALSO AGREE THAT WE MAY PROVIDE ALL LEGAL COMMUNICATIONS AND NOTICES TO YOU ELECTRONICALLY BY POSTING THEM ON OUR WEBSITE OR, AT OUR ELECTION, BY SENDING AN E-MAIL TO THE E-MAIL ADDRESS YOU PROVIDED TO US WHEN YOU REGISTERED AT OUR WEBSITE. YOU MAY WITHDRAW YOUR CONSENT TO RECEIVE COMMUNICATIONS FROM US ELECTRONICALLY BY CONTACTING CUSTOMER CARE. HOWEVER, IF YOU WITHDRAW YOUR CONSENT TO RECEIVE OUR COMMUNICATIONS ELECTRONICALLY, YOU MUST DISCONTINUE YOUR USE OF YOUR ACCOUNT.

 

  01. Service Terms 11. Product Sales 21. Over and Under Runs
....................... 02. The System and Services 12. Delivery & Shipment 22. Warranties
  03. Restricted License 13. Payment 23. Limitation of Libility
  04. Intellectual Property Rights 14. Cancellation/Returns 24. Indemnification
  05. Privacy 15. Designs and Templates 25. Export
  06. Term and Termination 16. Accuracy of Colors 26. Notice
  07. Operation and Connection 17. Prices 27. Governing Law
  08. Third Party Content/Sites 18. Special Offers 28. Miscellaneous
  09. Registration & Security 19. Product Quality and Specs 29. Notes About Our Site
  10. Reviews, Comments... 20. Imprint Size and Colors  

 

1. Service Terms

Your access and use of the inkeasy.com web site (the “Site”) as well as use of any other data provided to You by InkEasy (collectively, the “System”), is subject to the terms and conditions of this Agreement, as set forth below. If you are dissatisfied with any changes to this Agreement, you may cancel your use of the Services as specified herein. The Services, consisting of access to and use of certain content, placement orders of products, and other information, and other content owned or licensed by InkEasy and its suppliers, licensors or other third parties (collectively, the “Contributors”), is provided by InkEasy through the Site.

2. The System and Services

The Services consist of the Site and multiple web services thereon. By using the Services, you represent to InkEasy that any information you upload or provide is true, complete and accurate. The Services shall also include updates, upgrades, additions, replacements and new releases of any software which has been embedded in or loaded onto the Site and any updates, upgrades, additions, replacements and new releases which are subsequently embedded in or loaded onto the Site. InkEasy reserves the right to terminate the Services if you provide InkEasy inaccurate or incomplete information. When you make use of the Services, the Services may collect certain other information about You and Your use of the Services and convey such information to our Contributors.

3. Restricted License

Subject to the terms and conditions of this Agreement, InkEasy hereby grants to You (and you accept) a non-exclusive, non-transferable license to access and use the Services solely for the purposes intended. All rights not expressly granted to You are hereby reserved by InkEasy and or any respective Contributor. InkEasy and each Contributor shall have the right to assert and enforce the provisions of this Section 3 directly on its own behalf. You agree to (a) abide by this Agreement and any and all licensing agreements between a Contributor and You (collectively, the “Licensing Documents”). You represent and warrant that any third party content submitted by You is owned by you or properly licensed by You, and you acknowledge that InkEasy will not evaluate the ownership of any information submitted by you to the Services. The Services may be suspended at any time if InkEasy determines that information provided by You is not owned by You or infringes on InkEasy ’s or any third party's intellectual property rights. You also acknowledge that You will be responsible for any content that you provide to InkEasy for any reason.

4. Intellectual Property Rights

You acknowledge and agree that InkEasy is the owner of all rights, title and interest, including the Intellectual Property Rights (as defined below), to the Services and the Site. You hereby warrant that no information submitted to InkEasy by You, including any customizations requested on products, shall violate any Intellectual Property Right of any third party. For the purpose of this Agreement, “Intellectual Property Rights” shall mean any and all of the following: (a) rights associated with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask-works; (b) trademark and trade name rights and similar rights; (c) trade secret rights; (d) patents, designs, algorithms and other industrial property rights; (e) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated, including, but not limited to logos, “rental” rights, rights of publicity, and rights to remuneration), whether arising by operation of law, contract, license, or otherwise; and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing).

InkEasy and other names, trademarks, trade names, service marks, logos, symbols or other source identifiers identified on the Site or used by InkEasy, in addition to other marks not listed herein, are registered service marks of NHD Enterprises, Inc. d/b/a InkEasy . You may not use any of InkEasy's trademarks for any purpose without the express written permission of InkEasy. Other names, trademarks, trade names, service marks, logos, symbols or other source identifiers identified on the Site may be owned by a third-party. The use on the Site of any name, trade name, trademark, service mark, design, logo, symbol or other proprietary designation or marking of or belonging to a third party, and the availability of goods or services from such third parties, shall not be construed as an endorsement, sponsorship or recommendation of the Site or services provided by InkEasy by any such third party, or the participation by such third parties in the offering of goods or services through the Site.

Unless otherwise specified, the content of this Site is protected under the U.S. Copyright Act, as amended, and the copyright laws of other countries. Copyright © 2016, InkEasy. All Rights Reserved. You are only permitted to use the content as expressly authorized by InkEasy or the applicable Contributor. Except for a single copy made for personal use, You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from InkEasy or any applicable Contributor, and You are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site.

InkEasy respects the intellectual property rights of others. If You or any user of this Site believes its copyright, trademark or other property rights have been infringed by any content posted on this Site, You or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed'
  • Identification of the copyrighted work claimed to have been infringed;
  • Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  • Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated. The Designated Agent for Claimed Infringement shall be copyright  [at]  inkeasy  dot  com, or You may also write to us at the address provided below with Attention to: DMCA Agent, InkEasy, PO Box 17897, Plantation, FL 33318. ALL CLAIMS MUST BE IN WRITING AND MAY NOT BE MADE BY TELEPHONE.

Except as expressly provided herein, You do not acquire any rights to the Services through the purchase of products or Services or the Site. You may not reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code (i.e., the human-readable form of any computer programming code)(“Source Code”) of the components of the Services or Site, or create derivative works based thereon.

You are not permitted to: (a) remove any proprietary notices, labels, or marks on any component of the products, Services or its System (or the Services or Site generally), whether physically, in compiled machine language, or in the Source Code; (b) use the Services to provide a service bureau by which the Services can be accessed by third parties or by which information produced pursuant to the Services is sold or given to third parties; or (c) sublicense, assign, delegate or otherwise transfer this license or an of the related rights or obligations for any reason without the prior written consent of InkEasy (any attempt to sublicense, assign, delegate or transfer this license, either by contract, statute, corporate merger of any sort, regulation or court order, without the prior written consent of InkEasy shall be voidable at InkEasy ’s sole and absolute discretion). Failure to comply with these restrictions will result in automatic termination of any rights provided to you under this Agreement.

5. Privacy

InkEasy will not disclose personal information about your use of the Services in violation of the InkEasy Privacy Policy (the “Privacy Policy”). By using the Site and Services, You agree to the terms and conditions of the Privacy Policy and affirm that You understand and consent to any Contributor’s collection, storage, and use of Your User Information.

6. Term and Termination

This Agreement shall continue for so long as You use the Site or Services. Your rights under this agreement shall terminate when either (i) You cease to use the Site or Services or (ii) InkEasy limits Your access to the Site or Services due to the breach of any provision contained herein. Any provision of this Agreement which imposes an obligation upon You after termination or expiration of this Agreement shall survive the termination or expiration of your rights under this Agreement.

7. Operation and Internet Connection

You are solely responsible for acquiring and maintaining all computer hardware and software and other equipment, and all communications and other services needed for access to and use of the Services. InkEasy reserves the right at any time and for any reason to modify or discontinue any aspect or feature of the Services, including, but not limited to, the content and functionality of the Services. You are solely responsible for providing, maintaining, and troubleshooting any internet connection required to use the Services. Further, You agree that neither InkEasy nor any Contributor is responsible in any way for Your inability to use the Services due to problems attributable to such connection.

8. Third Party Content and Sites

In accessing the Services, You may be taken to a third party site. If at any point, you leave the Site to a separate third party site, You acknowledge and agree that InkEasy has no control over any such third party sites. InkEasy is not responsible for the availability of any such third party sites. InkEasy does not endorse and is not responsible for any content, advertising, products, or other materials on or available from third party sites. InkEasy will not be responsible or be liable, directly or indirectly, for any damage or loss whatsoever caused or alleged to be caused by or in connection with Your use of any third party sites.

9. Registration & Security

Inkeasy.com utilizes Secure Sockets Layer (SSL) technology to protect the security of your personal information during transmission. You will receive a password and account username upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You are also responsible for making sure your browser is compatible with SSL. You agree to immediately notify InkEasy of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. InkEasy cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

You must be over 18 years of age to purchase products on inkeasy.com. If you are under 18 you must have the permission and accompaniment of an adult who agrees to be bound by these Terms and Conditions.

10. Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, photos, videos, and other content; send eGift Cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of an eGift Card or other content. InkEasy reserves the right, but not the obligation, to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant InkEasy a nonexclusive, royalty free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant InkEasy the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify InkEasy for all claims resulting from content you supply. InkEasy has the right but not the obligation to monitor and edit or remove any activity or content. InkEasy takes no responsibility and assumes no liability for any content posted by you or any third party.

11. Product Sales

By placing an order using InkEasy'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 InkEasyonly (no contract exists between the customer and any applicable shop owner). InkEasy 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 InkEasy confirms that production has completed in a separate e-mail. InkEasy cannot guarantee the continued availability of any products or designs found on its Site.

Information, drawings, figures, technical data, specifications of weight, measurements and services contained in brochures, catalogues, newsletters, ads, or price lists are purely informational. InkEasy 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, we will contact you with the most updated information or help you choose a different item that is within your requirements if such is available.

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

InkEasy'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 InkEasy cannot replace the order in a reasonable amount of time, InkEasy will notify the customer immediately.

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

Our Price Match Guarantee select online competitors include: alliedshirts.com, bluecotton.com, brokenarrowwear.com, cafepress.com, customink.com, customizedgirl.com, discountmugs.com, ooshirts.com, rushordertees.com, spreadshirt.com, uberprints.com, vistaprint.com, and zazzle.com.

12. Delivery & Shipment

InkEasy warrants that it will ship orders within three weeks after orders are placed, artwork is approved, and payment is processed or payment terms are approved. In certain circumstances shipment and delivery can take longer. Customers and InkEasy may separately agree to more specific delivery times and terms in a separate writing or agreement.

InkEasy will make delivery using a shipment service provider of its choosing. The customer must pay shipping costs which may depend on order value and shipping destinations. Current information is available at InkEasy's website.

The estimated normal production time on most products is 6-10 business days after placing your order. Certain products may list or state longer timeframes. This timeframe is also dependent upon the size of the order and/or the complexity of the artwork or decoration process used. If you have a specific “in hands” date, please be sure that there is adequate time before placing an order. Delivery dates are only estimated and not guaranteed. If you pay for expedited shipping, only the method of shipping will be guaranteed, however the production time frame is still only estimated

We offer rush production for select items and decoration methods, please contact us for availability. If an order arrives late due to a delay on our end we will refund any applicable rush fees in full. Failure to provide high quality, production ready artwork may cause your order to be delayed. If you require a proof or preproduction sample your order may be delayed dependent upon proof approval and/or sample approval. Our guarantee does not extend to unforeseen delays in shipping.

Once an order has shipped, InkEasy will not accept responsibility for any delays caused by the shipping company. If shipping is delayed on an expedited shipping order, only that portion of the shipping charge will be refunded. InkEasy will not be held responsible either in the event the customer is not available for delivery or the customer refuses delivery. A signature may be required to complete delivery. All signature requirements are determined at the carriers’ discretion and enforced according to the selected carriers policies, terms, and conditions. InkEasy is not responsible for missed or delayed shipments as a result of carrier's signature requirements not being met by the receiving party.

Any changes made to the ship to address may incur an additional charge, and are not guaranteed.

13. Payment

Due to the extensive amount of work required prior to the decorating and shipping of your order (such as artwork preparation, product pulls, etc.), you will be charged at the time your order is placed. Customers may choose to pay by direct debit, credit card, or other payment methods. InkEasy reserves the right to limit the method of payment chosen by the customer depending on order value, shipment destination, or other objective criteria.

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

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

14. Cancellation and Return Policy

We strive to ensure that products ordered through the Service are always accurate and of the highest quality. Products you design or order through the Service are customized and unique to you, expect in the case of customers ordering blank products.

CANCELLATIONS AFTER PRODUCTION HAS BEGUN: Because of the customized nature of these products, we do not allow cancellations once we begin production on an order. Orders enter the production process as early as one business day after they are placed on our website.

CANCELLATIONS BEFORE PRODUCTION HAS BEGUN: We allow cancellations on orders that have been processed but have not yet begun the production process. Cancellations in this phase are subject to a cancellation fee of fifteen percent (15%) of the order total OR total charges for the work already completed, whichever is greater. This cancellation charge/fee covers costs associated with preparing for an order, including artwork processing, preproduction processing, and material preparation costs. Orders are processed as early as minutes after they are placed on our website, and enter the production process as early as one business day after they are placed on our website.

RETURNS FOR CUSTOM PRODUCTS: We are committed to delivering quality products with designs that look like what you created on the Site. If the custom product you receive differs materially from what you created on the Site or if the garments are defective or damaged, then please contact us. If we agree that there is a material difference, defect or damage, then we will reproduce your order at no additional charge to you or refund your purchase price. We will process the replacement order exactly as you had originally requested minus any errors that we made. We will not change the product, the design or the imprint color(s) when processing the replacement. Instructions for returning materially different, defective and/or damaged item(s) back to us FREE of charge will be provided. If the quantity to be replaced is less than 10% of the entire order, we reserve the right to process a refund or credit for that amount instead of reproducing that portion.

RETURNS AND EXCHANGES FOR BLANK PRODUCTS: Items in original condition may be returned or exchanged within 14 days of receipt. Items that have been washed or worn cannot be returned. Instructions can be found on our Returns Policy page. If the blank product you receive is defective or damaged, then please contact us. If we agree that there is a material difference, defect or damage, then we will provide instructions on returning the item(s) back to us FREE of charge for a replacement. We will process the replacement order exactly as you had originally ordered and will not change the product size or color.

We have sole discretion to decide whether to reproduce or process a replacement for your order, or to refund your purchase price.

Please contact us at 1-888-818-9909 before making any return so that we can process your return promptly and efficiently. You may also email us at service  [at]  inkeasy  dot  com. We may require that you send us a photograph(s) depicting the problem at hand. Please send us group images if the problem exists on more than one item. This is very important, as we will need a visual of all affected items in order to respond and process a replacement order or refund, if determined, promptly. If unable to provide a photograph, we may require you ship us 1 to 3 units of the product instead. Shipping instructions and a label will be provided if such is necessary. Upon receipt of the shipped item(s), we will process a replacement order or refund, if determined.

Please check your order immediately upon receipt. All materially different, defective and/or damaged item claims must be reported within 7 calendar days upon receipt of goods.

15. Stock Designs and Templates

All Stock Designs and Templates are the property of InkEasy or licensed from 3rd party vendors unless otherwise stated. Designs created from the Stock Designs and Templates provided are in no way the exclusive property of users or customers who assemble such designs. For this reason, designs created using the Stock Designs and Templates should not be resold. If you would like to inquire about the license agreement on a particular Stock Design and/or Template, please contact us.

16. Accuracy of Colors

InkEasy has displayed as accurately as possible the colors and graphics of the products that appear on the site. However, we cannot guarantee that your monitor's display of any color and or graphic will be accurate. The colors shown on the site are for reference only. The colors you see will depend on your monitor and may be slightly different from the actual colors of the products. We will have no liability whether for damages, return of merchandise for credit or otherwise, as a result of any variances between the appearance of colors and or graphics displayed on your monitor and on any finished product purchased by you from InkEasy. Note that the imprint color may change due to the product color. Printing white onto a red product may cause the imprint to look whitish-pink, as red is the dominating color. Similarly, printing the color black onto a navy or dark green product may result in a hard to see imprint, as dark on dark does not stand out. In order to promote the best visibility of your custom design, we strongly recommend that you design light colors onto a dark surface and dark colors onto a light surface.

17. Prices

All prices found on InkEasy's site are final, and may change from time to time. Shipping is 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. For quotes: Quotes are created for immediate acceptance for our products and services and are suject to change without notive. Prices stated are exclusive of all taxes, fees, licenses, duties, or levies (“Taxes”) and, unless otherwise stated on the quote, transportation charges, freight and insurance are also not included. Quotes are valid only for (a) the limited period of time set forth on the quote or, (b) if no such period is set forth, it is valid for 30 days from the date of the quote.

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.

Due to fluctuating production and manufacturer costs, prices may change without notice.

While we make best efforts to keep our site up to date, from time to time actual market conditions may change the price of a product. We reserve the right to change published prices of product offered on our Site contained in brochures, catalogues, newsletters, ads, or price lists at any time. If a published site price is incorrect on an item we have quoted or you ordered, we will contact you immediately with the most updated price or help you choose a different item that is within your budget.

18. Special Offers

We enjoy providing valuable special offers to our customers. Unless stated otherwise, all special offers are subject to the following standard terms and conditions:

  • Each offer may only be used one time per customer.
  • Special offers may not be combined with other offers on a single order.
  • Special offers and coupons are only valid on orders purchased at website pricing for a single unit, not quantity discounts starting at 2 units or more.
  • Special offers may not be valid on certain items.
  • To redeem any special offer, the coupon code must be given or entered at the time of ordering.
  • Promotional products do not qualify for any discounted or free shipping offers.
  • Offers may be modified or terminated at any time without notice.
  • We reserve the right to cancel any order due to unauthorized, altered, or ineligible use of any offer.

19. Product Quality and Specifications

Products may differ in color, size, weight, or height, especially handmade products such as ceramic, glass and soft good items that come from various overseas factories. The size and liquid capacity noted on products is only an approximation and cannot be construed as the exact size or capacity.

Due to the nature of the production process, slight variations and imperfections in ceramic and glass wares are not considered flaws. Variations in raw materials, glazes, production equipment and firing temperatures may also result in variations of size, shape, glaze, color, pock marks, etc. These conditions are within acceptable industry standards and minor visual imperfections should not be considered as defective or flawed items.

If there are strict color and specification requirements, we strongly recommend that you purchase a preproduction sample prior to full production on your order. Please contact us to discuss preproduction sample costs and delivery based on your order specifications.

20. Imprint Size and Colors

Due to finite imprint areas, we reserve the right to resize your design in order to fit it into the imprint area of the product ordered. We generally enlarge your design to fit our standard imprint area. However, if you specify that you want a specific imprint size we will comply, providing it does not exceed the maximum imprint area. When decorating a mix of adult and youth sizes with the same design, the same size imprint will be used across all units. If different imprint sizes are needed on both the youth and adult garments please contact us for separate pricing on each size.

Exact color replication for reorders may vary. PMS matching may be available depending on item and may be at an additional costs. Exact PMS matching cannot be guaranteed.

21. Overruns and Under Runs

We make every attempt to deliver the exact quantity ordered. However, due to production and manufacturing standards, orders 288 pieces or less are subject to 10% overruns or underruns. Orders over 288 pieces are subject to 5% overruns or underruns. Overruns may be billed after shipping your order, in most cases, we will include these in your order at no cost. Underruns will be adjusted appropriately.

22. Warranties

NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, THE SERVICES ARE FURNISHED “AS IS” AND WITH ALL FAULTS. InkEasy MAKES, AND YOU RECEIVE, NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU. InkEasy AND ITS CONTRIBUTORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND NON-INFRINGEMENT, ANY WARRANTY THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ADEQUATE SUPPORT FOR THE SERVICES WILL BE PROVIDED. InkEasy DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM INACCURACIES, ERRORS, BUGS, INTERRUPTIONS OR OTHER PROGRAM LIMITATIONS. NOR DOES InkEasy WARRANT THAT THE SITE, OR SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU.

YOU SPECIFICALLY AGREE THAT InkEasy SHALL NOT BE RESPONSIBLE FOR THE CONTENT UPLOADED TO THE SITE BY YOU, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION(S) OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSMISSION(S) ENTERED IN THROUGH THE SERVICES, ANY EXPENSES, DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSIONS, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, STRICT LIABILITY, TORTIOUS BEHAVIOR, NEGLIGENCE OR FOR ANY OTHER CAUSE OF ACTION. YOU ALSO AGREE THAT InkEasy IS NOT RESPONSIBLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY THIRD PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.

23. Limitation of Liability

You acknowledge that InkEasy shall not be liable to You for any direct, indirect, incidental, special, consequential, or exemplary damages (including damages for lost profits, use of user information, loss of data, business interruption and the like), whether in an action based in contract or tort, arising out of or in connection with the use of the Services and its accompanying equipment by You or by anyone who uses the Services through Your account. Notwithstanding the foregoing, the total amount of our liability to You will be limited to the amount You paid for the use of the Services. 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. Additionally, this provision is not intended to limit InkEasy’s liability in the event of InkEasy’s willful or intentional misconduct.

24. Indemnification

You agree to indemnify and hold harmless InkEasy and each and every Contributor and their respective affiliates, officers, directors, employees, consultants, agents, licensees and licensors from any claim, demand, or damages, including reasonable attorneys’ fees, asserted by any third party due to, arising out of, or in any way related to, the use of the Services by You. As used in this Agreement “affiliate” means any entity which controls, is controlled by, or is under common control with the named entity.

25. Export

You may not download, use, or otherwise export or re-export the Services or any equipment associated therewith except in full compliance with this Agreement and all applicable laws and regulations. No Services on this Site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the Services, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.

26. 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 InkEasy because of incorrect or incomplete information.

27. Governing Law

This Agreement shall be governed by and construed under the laws of the State of Florida, without reference to principles of conflict of laws, and any action brought by the parties to enforce or interpret any provisions of this Agreement shall be brought exclusively in an appropriate state court in Broward County, Florida, or federal court in Southern District of Florida. The parties hereby consent to such jurisdiction and waive any objection to such venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

28. Miscellaneous

This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges and supersedes all prior agreements, writings, commitments, and discussions. Failure by InkEasy to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. No waiver of any term of this Agreement shall be valid unless in writing and acknowledged in writing by both parties. Nonperformance of either party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control and not caused by the negligence of the non-performing party. This Agreement shall be construed within its fair meaning and no inference shall be drawn against the drafting party in interpreting this Agreement. Headings used in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section or in any way affect this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. 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.

29. Notes About Our Site

The artwork, designs and trademarks shown on products on this Site are examples of the products and imprinting services we offer. They do not represent endorsement by the owners of the artwork, designs or trademarks.

All prices and product information are subject to change without notice.

Get our best pricing on large orders • Order decoration methods not available online • Receive expert advice on your design and product choices

 
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