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Terms of Use

(Effective July 12th, 2022)

 

PLEASE READ CAREFULLY

Table of Contents

 

  1. Welcome

  2. Binding Agreement

  3. Who can use the Site

  4. Our Services

  5. License to the site Materials

  6. No Violation of Laws

  7. Trademark License

  8. User/Individual

  9. Products, Services

  10. Purchases

  11. Availability

  12. Privacy Policy

  13. Pre-Prints Quality

  14. Embroidery

  15. Confidentiality

  16. User Obligations

  17. Content Submissions

  18. DMCA Copyright Policy

  19. Refunds Concerns

  20. Intellectual Property Rights

  21. Disclaimer of Warranty

  22. Limitations of Liability

  23. Children's Privacy

  24. Termination

  25. Dispute Resolution

  26. Place of Jurisdiction

  27. Severability

  28. Your Feedback

  29. Electronic Communications

  30. Copyright License

  31. Complaints

1. Welcome

 

Welcome to CMYK Custom Clothing services and website accessible at www.cmykcustomclothing.com. The Website, and Services are owned and operated by " CMYK Custom Clothing " with Business Address 17243 Russo Court, Fontana, CA 92336. These Terms and Conditions (or "Terms of Use") govern your use of the site, except where we expressly state that separate terms (and not these) apply and provide information about the www.cmykcustomclothing.com Service (the "Service"). When you purchase a product or use our services, you agree to these Terms.

 

2. Binding Agreement

 

This Terms and Conditions ("Agreement") also includes our Privacy Policy, also referred to by those agreements, form a whole, which governs any access to the CMYK Custom Clothing services. By accessing the CMYK Custom Clothing Website, you acknowledge that you have read and consent to these Terms and agree, without limitation or agreements, to be legally bound by and to comply with them. If you do not agree with some or all of these Terms, you should immediately stop using the Websites or Services.

 

3. Who can use the Site

 

We want our Service to be as open and exclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the CMYK Custom Clothing platform. To use the site, you agree:

  • You must be at least 13 years old or the minimum legal age in your country to use the site.

  • You are prohibited from receiving or engaging in payments-related Services via the site without the express written consent of CMYK Custom Clothing.

  • We must not have previously restricted your access to the site for violation of law or any of our policies.

  • You must not be a Fraudster.

 

4. Our Services

 

CMYK Custom Clothing is an apparel decorator and promotional products distributor. We print and sell pre-printed products to different organizations. We partner with various Providers to offer Products that users can customize with their Content and sell to Customers. We also help non-profit organizations build programs with custom apparel with imprinted products, to raise the funds they need and grow their brand recognition. We do sell products directly and for or via a third party.

 

5. License to Site Materials

 

CMYK Custom Clothing permits you to view and use the Site and the Service solely for your personal and informational purpose only. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data, or services obtained from the Site or the Service. CMYK Custom Clothing reserves the right to add or remove information, content, or products from the Site at any time at its sole discretion.

 

6. No Violation of Laws

 

You agree that you will not, in connection with your use of the Site or the Service, violate any applicable law, ordinance, rule, regulation, or treaty. Without limiting the foregoing, you agree that you will not make available through the Site or the Service any material or information that infringes any copyright, trademark, patent, trade secret, or another right of any party (including rights of privacy or publicity).

 

7. Trademark License

 

Subject to the express provisions of these terms and conditions. All trademarks, logos, and service marks ("Marks") displayed on the website www.cmykcustomclothing.com are the property of CMYK Custom Clothing. You’re not permitted to use these Marks without our prior written consent.

 

8. User/Individual

 

Our Services are available only to individuals who can be referred to as Customers or Users 13 years or above of age and can enter into a legally binding agreement under the State of California laws.

 

9. Products, Services

 

We offer different Products and services for all users regardless of their demands and preferences. A description of a product or service on this site does not imply endorsement by us, or is suitable for you. Products and services offered on this site shall be warranted, if at all, through the written license or warranty provided in connection with such services.

 

Your use and access of any services shall be only in accordance with the agreement described herein. Materials and contents available on this website are copyrighted by Us or its owner. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the services in any manner.

 

10. Purchases

 

If you wish to purchase any product or service made available through the site (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your billing information such as credit card number, the expiration date of your credit card, your billing address, and your shipping information.

 

You represent and warrant that:

  1. you have the legal right to use any credit card(s) or another payment method (s) in connection with any Purchase; and that

  2. the information you supply to us is true, correct, and complete.

 

We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.

 

11. Availability

 

We are constantly updating product and service offerings on the Service, sometimes we may experience delays in updating information on the site. You warrant that the information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

 

We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

 

12. Privacy Policy

 

We process information in accordance with our Privacy Policy which is incorporated into these Terms and Conditions. By using the site, you agree that we can use your data in accordance with our Privacy Policy and you warrant that all data provided by you is true, correct, and accurate. For more information, please visit our Privacy Policy Page.

 

13. Pre-Prints Quality

 

We do not hold any inventory but sometimes perform the printing ourselves. Other than issues caused by a technical error, we are not responsible for the quality and outcome of Produced prints. The quality of the production is dependent on the content provided to us. Users are expected to submit Content that satisfies the provided print quality requirements. However, if your order has issues, steps for resolution are outlined below.

 

14. Embroidery

 

All designs for embroidery products must conform to our guidelines. Images that do not meet our guidelines, may be edited by our Print Partners during the digitization process to become eligible for embroidery. The final embroidered image may differ from your submitted contents. In these situations, you are not eligible for replacements or refunds for those items.

 

All images submitted for embroidery for the first time will have a 24–48-hour digitization period. If there are multiple items in that order, the whole order will be delayed.

 

15. Confidentiality

 

Unless we are authorized by you to disclose information on your behalf, we confirm that where you provide us confidential information we shall at all times during and after using the site keep it confidential, except as required by law, by other financial institutions, by our insurers or as provided for in regulatory, ethical, or other professional pronouncements or as part of an external peer review applicable to us or our engagement. This undertaking will apply during and after accessing and using the site.

 

16. User Obligations

 

To be part of a safe and open Service for everyone, you agree to the following:

                          

  • You can't impersonate others or provide inaccurate information.

  • You can't do anything unlawful, misleading, or fraudulent, or for an illegal or unauthorized purpose.

  • You agree to be at least 13 years of age, to use or access the service

  • You will not violate (or help or encourage others to violate) these Terms or our policies

  • You can't do anything to interfere with or impair the intended operation of the Service.

  • You can't attempt to access or collect information in unauthorized ways.

  • You can't sell, license, or purchase data obtained from us or our Service.

  • You can't post someone else's private or confidential information without permission or do anything that violates someone else's rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit or pirated goods).

  • You can't modify, translate, create derivative works of, or reverse engineer our products or their components.

  • You can't use a domain name or URL in your username without our prior written consent.

 

17. Content Submissions

 

The Services may include a variety of features that enable users to provide and submit content for customization or prints on the site. You warrant that you own the rights and license to any content you provide to us, and that you will be liable for the outcome and violation complaints that may arise out of the use of such content you provided. You agree to waive and indemnify CMYK Custom Clothing of any loss or damages of such cases. By using the Service, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform and distribute Your Content solely for the purpose of operating, developing, and promoting the Service.

 

As a condition of use of the Service, you agree not to use the Service for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Service and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes.

 

18. DMCA Copyright Policy

                          

We respect the intellectual property of others and follow the requirements set forth in The United State DMCA Copyright Act and other applicable Copyright laws depending on where you access our site. If you are the copyright owner or agent thereof and believe that content posted on the Services infringes upon your copyright, please submit a notice with the title Copyright Infringement, to us via customerservice@cmykcustomclothing.com.

                                                                    

19. Refunds Concerns

 

Print-Product orders are unique and produced according to the user requirements, therefore, the purchased amount is non-refundable. Once a pre-print Order has been sent to production, the User can no longer edit the details of the Order or cancel it. If the Produced Order is lacking in quality, we will investigate and may provide reprints or replacements when appropriate.

After investigating Your issue, if we determine that your prints came out faulty, Your Order will be re-submitted for either reprint or replacement. Refunds are only provided if a subsequent reprint or replacement is also found to be faulty and investigated by us. Refunds will be issued in the form of credits to Your balance.

 

20. Intellectual Property Rights

 

All content available on the website, including, but not limited to, the trademarks, logos, and service marks displayed on the website (collectively, the "Trademarks") are the registered and unregistered marks of CMYK Custom Clothing, our affiliates, or licensors in The U.S. and other countries. All Trademarks not owned by us, our affiliates, that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Except as required under applicable law, neither the services, the Trademarks, nor any other portion of the website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.

 

21. Disclaimer of Warranty

 

Your use of this website and services is at your own risk. CMYK Custom Clothing and/or us shall not be liable for any direct, indirect, incidental, or consequential damages or loss arising out of your access to or use of these services. We will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with, Use of, or inability to use our Site/Services; or Use of or reliance on any content displayed on our website.

 

In particular, we will not be liable for:

  • Loss of profits, sales, business, or revenue;

  • Business interruption;

  • Loss of anticipated data;

  • Loss of business opportunity, goodwill or reputation; or

  • Any indirect or consequential loss or damage

 

22. Limitation of Liability

 

You acknowledge and agree that the entire risk arising out of your use of the site, or Services, remains with you to the maximum extent permitted by law. Neither we nor any other party involved in creating, producing, or accessing the products and Services, will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data, or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms.

 

23. Children's Privacy Policy

 

We respect the privacy of children, and we are committed to complying with the Children's Online Privacy Protection Act of 1998 COPPA. This site does not knowingly collect, use, or disclose personal information from children under 13 without prior parental consent. However, we may provide our service to children under 13 years of age but under a parental guardian's supervision.

 

24. Termination

 

We reserve the right to immediately suspend or terminate the Service to any User without warning and notice for violation or breach of any of the agreements in this Terms of Service.

 

25. Dispute Resolution

 

This Terms of Use and the site activities shall be governed in accordance with the laws of the State of California, United States, without reference to its conflict of law provisions.  You agree to submit to the personal and exclusive jurisdiction in California, for any disputes with us arising out of your use of this site.  You agree that if a dispute arises, parties will attempt to resolve the dispute with mediation or an online mediation service that is mutually agreed upon by all parties.  The parties agree that their good faith participation in mediation is a condition precedent to pursuing other legal remedies.  The successful party to any dispute resolution will be entitled to reasonable costs and fees incurred in resolving or settling the dispute, in addition to any other relief to which the party may be entitled.

 

26. Place of Jurisdiction

 

These terms and the relationship between you and CMYK Custom Clothing is governed by the laws of the Supreme court of California. If you think the laws fail to satisfy the law of your jurisdiction, we should like to hear from you. However, ultimately it is your choice as to whether you wish to use our website.

 

27. Severability

 

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable. Then that provision shall not affect the validity and enforceability of the remaining terms.

 

28. Your feedback

 

We encourage you to share your reviews and feedback with us, and we promise to respect your feedback irrespective of the outcome, for it helps us improve our services and make us serve you better. By submitting feedback, you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to sublicense freely) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise.

 

29. Electronic Communications

 

For the performance of the services, you (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. You retain the right to opt out of receiving Electronic Communication from us; however, opting out may prevent you from receiving messages regarding our services or special offers, by sending us an Opt-out message via our support email customerservice@cmykcustomclothing.com

 

30. Copyright License

 

Copyright(c) 2022(s) CMYK Custom Clothing website. Subject to the express provisions of these terms and conditions:

 

  • CMYK Custom Clothing, together with our licensors, own and control all the copyright and other intellectual property rights on the website and the material on our site are well reserved.

 

31. Complaints

 

If you have any questions or support issues regarding the website and services or these terms and conditions, please send customer support or inquiry to customerservice@cmykcustomclothing.com, or by post

 

CMYK Custom Clothing

17243 Russo Court

Fontana, CA 92336

The United States.

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