Welcome and thank you for visiting Inkd Apparel. Before you use the Inkd Apparel website, please read the terms and conditions that govern your use of the site. By using and shopping on the Inkd Apparel website, you agree to follow and be bound by these terms.
Inkd Apparel reserves the right to change the terms and conditions that govern your use of the site, as we deem necessary. By using the site following these changes, you agree to follow the rules and regulations set forth by the changes. Inkd Apparel may add to, delete, change, or move any portion of the site including, but not limited to, content and equipment or software needed to access the Inkd Apparel website. Any changes or modifications to the site are effective immediately upon notice thereof. You, the user, shall be notified of such changes either through an email update or through a notice published on the site. Any use of the site by you after such notice shall be interpreted as acceptance by you of such changes or modifications.
You represent and warrant to Inkd Apparel that you have the right to use, copy, and distribute each copyright, trademark, service mark, trade name, logo, statement, graphic, artwork, name, photograph, portrait, picture, or illusion of any person or any other intellectual property in the way it is to be printed on or otherwise applied to the products ordered by you from Inkd Apparel. You warrant that in obtaining the material and submitting it to Inkd Apparel for reproduction, you have not violated the property rights of any third party. You agree to indemnify and hold Inkd Apparel and its owners, officers, employees and agents harmless from and against any suit, demand, claim, loss, liability, damage, or expense made against Inkd Apparel by reason of breach of this warranty, and you agree to pay any judgment or settlement offer resulting from any suit, demand, or claim and to pay any attorney’s fees incurred by Inkd Apparel in defending against any such suit, demand, or claim.
The burden of determining that any material is not protected by trademark, service mark, copyright, or other proprietary right rests with you. You are solely responsible for obtaining proper permissions and licenses, except as may be permitted by copyright law, from third parties whose rights may be violated or infringed by the use of any material protected by trademark, service mark, copyright, or other proprietary right. A customer may not use any logo or other graphic material in a manner in which may infringe on trademark, service mark, copyright, or other proprietary right. A customer also may not use any logo or trademark in a vulgar, libelous, disparaging, or otherwise unlawful manner. We assume no responsibility for damages or any wrongdoing that the customer may cause using a trademark, service mark, copyright, or other proprietary right. You agree to indemnify and hold Inkd Apparel harmless from and against any suit, demand, claim, loss, liability, damage, or expense made against or incurred by Inkd Apparel by reason of the unauthorized, improper, or illegal use of any trademark, service mark, copyright, or other proprietary right that is printed on or otherwise applied to promotional merchandise ordered or purchased by the customer through Inkd Apparel.
Generally, products created using images available on the site should not be resold commercially. In the event that you wish to resell such products, you agree to contact Inkd Apparel and verify the legality of reselling such products prior to doing so. Designs created using the design tools and images available through the site are in no way the exclusive property of the customers who assemble such designs. Inkd Apparel retains the right to display such designs or offer them (or variations of such designs) to other customers.
All clip art images are the property of Inkd Apparel or licensed from 3rd party vendors unless otherwise stated. Designs created from the clip art provided are in no way the exclusive property of users or customers who assemble such designs. For this reason, designs created using the clip art library should not be resold. If you would like to inquire about the license agreement on a particular piece of clip art, please contact us via phone at 1 (888) 400-3949, or send us an e-mail at inkdapparel.com/contact.
Accuracy of Colors
Inkd Apparel 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 display and may be slightly different from the actual colors of the products. Inkd Apparel holds no liability for damages, return of merchandise for credit, or otherwise, as a result of any variances between the appearance of colors and/or graphics on your display and any finished product purchased by you from Inkd Apparel.
As a user of the Inkd Apparel website, you acknowledge that you may provide to Inkd Apparel information about yourself including your name, address, and email address. We are committed to protecting your privacy and any information that we collect about you will not be used outside our company without your notification and permission. We do not buy, sell, rent, lease, hock, barter, donate, or share email addresses and other personal information in any way.
The Inkd Apparel website utilizes Secure Sockets Layer (SSL) technology with 128 bit encryption to protect the security of your personal information during transmission. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are also responsible for making sure your browser supports SSL transactions. You must be over 18 years of age to purchase products on the Inkd Apparel website. If you are under 18, you must have the permission and accompaniment of an adult.
You shall use the Inkd Apparel website for lawful purposes only. You shall not transmit through Inkd Apparel any material which violates or infringes in any way upon the rights of others; which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; which encourages conduct that would constitute a criminal offense, give rise to civil liability; or otherwise violate any law. We reserve the right, in our sole discretion, to refuse to produce goods and/or to terminate your access to the Inkd Apparel website for any breach of this provision or any other provision of this Agreement.
Warranty and Disclaimer of Liability
YOU ACKNOWLEDGE THAT USE OF THE OUR SITE IS AT YOUR SOLE RISK. THE SITE IS NOT WARRANTED TO BE ERROR FREE OR UNINTERRUPTED, AND THERE IS NO WARRANTY AS TO THE RESULTS OBTAINED THROUGH USE OF THE SITE. THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT INKD APPAREL SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
Our liability to you, if any, shall not exceed the total of the invoice for services and products provided on the transaction in dispute. We shall not be liable for indirect, incidental, consequential, reliance, or special damages for harm to business, lost profits, lost savings, or lost revenues, whether or not we have been advised of the possibility of such damages. We shall not be liable for any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder unless such damage is a caused intentional act of Inkd Apparel. We shall not be liable for unauthorized access by third parties to your transmission facilities, premises, or equipment, or for unauthorized access to or alteration, theft, loss or destruction of users network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method. These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability or tort, and shall survive failure of an exclusive remedy. The provisions of this paragraph will survive any sale completed with you and any change or elimination of this agreement and/or the site.
The site is created and controlled under the legal trade name of Inkd Apparel in the State of Illinois. The laws of the State of Illinois will govern all terms, conditions and disclaimers on the site, including this agreement, without giving effect to any principles of conflicts of laws.