Effective Date: February 15, 2015
Welcome to bidPress, a unique online marketplace where you can buy custom t-shirts, sweatshirts, and other products at revolutionary prices. The service described herein (“Service”) is provided by bidPress LLC, a New York Limited Liability Company.
1. Description of Service
Our Service is an online marketplace where you can select from some of the best printing shops in the U.S. to print custom t-shirts and more for your groups, events, and occasions. We have spent countless hours finding what we believe are among the best printing shops across the country and making them available to you. bidPress allows you to describe your order online and instantly see the rates at which printing shops in our network will print your job. Once you select a printer, we will coordinate with them to ensure your job is printed and shipped to you.
As a condition to using the Service, you are required to create an account by registering with us directly or through a third party social media account. When you register, we will require that you provide certain information, such as your full name and email address, and create a unique password. To sign up for an account, you must be at least eighteen (18) years of age or old enough to form a binding contract in the state where you reside.
You may not use the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity without receiving appropriate authorization, or a name that is offensive, vulgar, obscene, or unlawful.
There is no charge to use the Service. For product orders, bidPress accepts online or telephone payments via credit card and debit card. All payments sent electronically are securely transmitted. bidPress also accepts payment via purchase order for qualified customers that have been pre-approved to do so and may may pay invoices by by check, credit card, or debit card.
If any fee is not paid in a timely manner, or if we are unable to process your transaction using the payment information provided, bidPress reserves the right to suspend or revoke access to your account. bidPress may change the fees and charges in effect, or add new fees and charges from time to time. If you want to use a different payment mechanism or if there is a change in payment card validity or expiration date, you may edit your information by accessing your account page. If your payment card reaches its expiration date, your continued use of the Service constitutes your authorization for us to continue billing that credit card. It is your responsibility to keep your contact information and payment information current and updated.
4. Printer Substitutions
In rare situations, if the printer you select will not be able to meet your deadline, we will recommend another printer that can meet your deadline. Production will proceed only after you approve an alternate printer. In these situations, you will not be charged more than you originally paid. If you do not approve of a printer substitution, you will receive a full refund.
5. Product Substitutions
In the rare event that you purchase a product that is not in stock with our suppliers, we will provide you with a product substitute recommendation. We require your approval for product substitutions and will not process your order until you approve a product substitution. Production and shipment of your order may be delayed by your delay in approving a product substitution. If you do not approve of a product substitution, you will receive a full refund.
6. Ink Color Adjustments
Our printers will make every effort to print your job using the exact colors that you have specified when placing your order. However, we are not currently able to mandate that all printers in our network keep the exact ink colors outlined on our Site in stock at all times.
If the printer chosen for your job does not have the specific ink color(s) you selected, the printer will use the closest available PMS (Pantone Matching System) color(s) on hand to print your job. Unless you specify in the Add Notes section of our design tool page or the Order Comments section of the checkout page that matching a specific PMS color is required, the printer may make color substitutions at their discretion. Also, colors as shown on our Site may appear differently in print because of fabric selection, the appearance of colors on your digital display, or other considerations.
7. Artwork Modifications
You may request bidPress to make modifications to artwork you provide. Some modifications will be made at no charge; more substantive edits/modifications will be subject to an extra fee, which will not be charged without your approval. Once artwork modifications are complete, you must approve the revised artwork before the job is printed.
You warrant and represent to us that you have the right to enable the Service to use the artwork you submit for modification without violating any rights you might have in such artwork or in any third party rights in such artwork. In the event of any suits, actions, claims, demands, liens, losses, damages, fines, judgments or decrees arising from our use or modification of the artwork you submit, you agree to exonerate, indemnify, defend and save harmless bidPress as set forth in Section 16 below.
8. Changes and Cancellations
Orders may not be changed or canceled after submitting your order if order processing has begun, due to the custom nature of orders and because order processing must begin quickly after your order to accommodate your delivery date. Order processing may begin immediately after you submit your order.
At the same time, we understand accidents can happen, so contact us as soon as possible if you have a change or cancellation request via e-mail at email@example.com or by calling 888.463.5823, and we may, in some situations and at our discretion, be able to help.
9. Product Return Policy
We work hard to ensure our network of printers completes each job accurately, on-time, and is of high quality. If you are disappointed with the quality of your order for any of the following reasons, we will accept returns and issue a refund: (1) the quality of the blank item is materially flawed, (2) the quality of the decorating (e.g., printing, embroidery, etc.) is poor, or (3) if the final product is materially different than either the design submitted or, the approved proof if such approval was provided by you.
Requests for returns and refunds must be submitted within ten (10) calendar days of receiving your order.
10. Anti-Sweat Shop Policy
We support high labor standards within our network of printers and other suppliers. Accordingly, we seek to work with suppliers who promote such high standards within their own operations.
11. Your Content
We allow you to upload content on the Service, including designs, graphics, comments, messages, suggestions and feedback (“Content”). Please read this section carefully before posting, uploading, or otherwise making available any Content on the Service.
You may be able to share your Content with other users via the Service. It must be emphasized that we cannot prevent users from taking screenshots or captures or from downloading your Content and subsequently making your Content publicly available. We and other users may retain and continue to use, host, display, store, cache, reproduce, publish, transmit, modify, reformat, rearrange, distribute, or create derivative works of any of your Content that you have posted to the Service. If the potential for public dissemination of your Content concerns you, please do not share that Content. Please note that recipients of Content are not allowed to download or maintain a copy of such shared Content.
You, and not us, are entirely responsible for all Content you upload, post, transmit or otherwise make available via the Service. Under no circumstances will we be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, Intellectual Property Rights infringement claims regarding any designs and graphics you submit, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. Procurement of applicable licensing rights for any of your Content and payment of all applicable royalties for such rights is solely your responsibility, and we disclaim any liability therefor.
We make no effort to review any of your Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement. You warrant and represent to us that you have the right to enable the Service to use your Content without violating any rights you might have in such Content or any third party rights in such Content. You may remove your Content from the Service at any time; however, you acknowledge that we may retain archived copies of your Content.
Users of the Service may post copyrighted information that has copyright protection whether or not it is identified as copyrighted. We reserve the right, but have no obligation, to monitor such Content, and, as such, we do not control or guarantee the accuracy, integrity or quality of user Content. You acknowledge that by using the Service, you may be exposed to user Content that is offensive, indecent, or objectionable.
By making your Content available to our Service, you are granting us a non-exclusive, royalty-free, worldwide license to use, host, display, advertise, store, cache, transmit, modify, reformat, rearrange, or adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Service is available), and create derivative works of your Content. The rights you grant us are for the limited purpose of operating and providing the Service, improving the Service, and allowing us to develop new services. The reference in this license to "derivative works" is not intended to give us a right to make substantive changes or derivations to your Content, but does enable other users to redistribute your Content by means of their own accounts in a manner that allows users to, for example, add captions, text, commentary, filters, or other Content in connection with your Content.
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Service. We also do not adopt or endorse, nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information or other Content posted on the Service, or transmitted to users.
13. Social Media and Third Party Sites
Links to third party websites are not endorsements or referrals of any products, services or information contained in such websites. Information provided and opinions expressed by others do not necessarily represent our opinions. We expressly disclaim any and all liability resulting from reliance on such information or opinions. Some products, manufacturers and service providers may be mentioned in or on the Service. Mention of these products, manufacturers or service providers does not constitute an endorsement by us. We shall have the right, at our sole discretion, to remove links and images attached to such links, if such links are deemed offensive.
14. Use Restrictions
You represent and warrant that you will not use the Service to:
- Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
- Express or imply that any statements you make are endorsed by us, without our specific prior written consent.
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the presentation of the Service.
- Interfere with or disrupt the Service, or the servers or networks connected to the Service.
- Forge headers or otherwise manipulate identifiers to disguise the origin of any Content or order transmitted through the Service, or attempt to impersonate another user, person or entity.
- Download lists of other users of the Service and use their information for your own business reasons.
- "Frame" or "mirror" any part of the Service, or use meta tags or code or other devices containing any reference to us or the Service in order to direct any person to any other websites for any purpose.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
- Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Provide false, inaccurate or misleading information on the Service (directly or by omission or failure to update information).
- Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user.
- Create or send unsolicited messages or other electronic communications.
- Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- Upload, post, email, transmit or otherwise make available any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or any other computer code, files or programs designed to interrupt, destroy detrimentally interfere with or limit the functionality of any computer software or hardware or telecommunications equipment or intercept or expropriate any system, data or personal information.
- Submit stories or comments linking to affiliate programs, multi-level marketing schemes, or websites/blogs repurposing existing stories (source hops).
- Advertise to, or solicit, any user to buy or sell any products or services, or use any information obtained from the Service to contact, advertise to, solicit, or sell to any user without the user’s prior explicit consent.
- Intentionally or unintentionally violate any applicable local, state, national or international law.
We reserve the right, but are not obligated, to investigate and terminate your participation in the Service if you have misused the Service, or violated any of the restrictions above.
15. No Warranties
WE PROVIDE THE SERVICE AND RELATED INFORMATION AND MATEIRALS ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. WE, OUR SUBSIDIARIES, MEMBERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
The Service may be temporarily unavailable from time to time for maintenance or other reasons. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of text messaging on account of technical problems or traffic congestion on the Internet, on the Service, on any website or any combination thereof, including injury or damage to your mobile device or other hardware or software, related to or resulting from using or downloading materials in connection with the Service.
No oral or written information or advice provided by us, our agents or employees shall create a warranty or in any way.
17. Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY DAMAGES ARISING FROM YOUR USE OF, OR ANY THIRD PARTY’S USE OF, OR INABILITY TO USE, THE SERVICE OR APP (WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, AND ARISING FROM ANY CAUSE WHATSOEVER, WHETHER IN CONTRACT OR TORT, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL WE BE LIABLE FOR LOSS OF YOUR DATA, INFORMATION, CONTENT OR OTHER INFORMATION IN CONNECTION WITH THE USE OF SERVICE.
18. Term and Termination
19. Audit Rights
20. Intellectual Property Rights
We shall own all Intellectual Property Rights in and to the Service absolutely and in their entirety. These rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Service are the property of their respective owners. You may not remove or alter any trademark, trade names, service mark, product names, logo, copyright or other proprietary notices, legends, symbols or labels featured on the Service. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to us are non-confidential and shall become the sole property of us. We shall own exclusive rights, including all Intellectual Property Rights, in these Submissions, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on our Site are copyrights, trademarks, trade dress, and/or other intellectual properties owned, controlled, or licensed by bidPress. Designs created using the text tools and images available through our Service are in no way your exclusive property. We retain the right to display such designs or offer them (or variations of such designs) to other customers.
21. E-mail and Text Communications
E-mail communications and text messages sent from us to you are designed to make your experience more efficient and enjoyable. You specifically agree to accept and consent to receiving e-mail communications and text messages initiated from us, which include, without limitation: message notification e-mails, e-mails or text messages informing you about potential available sales and e-mails informing you of promotions we run and emails informing you of new and existing features we provide. Standard text messaging charges applied by your mobile device carrier will apply to text messages we send. If you change your mobile phone service provider, the notification service may be deactivated for your phone number and you may need to re-enroll in the notification service. We reserve the right to cancel the notification service at any time. If you do not wish to receive any of our e-mail communications or text messages, you shall have the opportunity to opt out of receiving communications from us (excluding messages targeted directly at you about matters regarding the state of your account, billing, or your continued use of the Service).
22. Surveys and Feedback
We may periodically present you with surveys or solicit your opinion about the Service. You acknowledge that your participation in these types of programs is completely voluntary. By submitting opinions, suggestions, feedback, images, documents, and/or proposals to us through these surveys, any suggestion or feedback webpages, or through any other communication with you, you acknowledge and agree that: (a) the suggestions or feedback you provide will not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the suggestions and feedback you provide; (c) we shall be entitled to use or disclose (or choose not to use or disclose) the suggestions and feedback you provide for any purpose, in any way, in any media worldwide (without disclosing your identity); (d) we may have similar ideas to the suggestions and feedback you provide already under consideration or in development; (e) the suggestions and feedback you provide will automatically become our property without any obligation to you; and (f) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.
WE DO NOT SPONSOR, ADMINISTER OR ENDORSE THE CONTENT OF ANY PROMOTION DISTRIBUTED THROUGH THE SITE UNLESS OTHERWISE STATED AND ARE THEREFORE NOT LIABLE OR RESPONSIBLE FOR SUCH PROMTIONS.
24. DMCA, Copyright and Other Complaints
We promote respect for the Intellectual Property Rights of others in all of our business endeavors and strictly prohibit users from uploading infringing Content to the Service. We may, in our sole discretion, refuse an order or remove Content that appears to infringe on the Intellectual Property Rights of others. It is our policy to respond to and investigate claims of copyright and other Intellectual Property Rights infringement. We have a policy of terminating the access of users who are repeat infringers in appropriate circumstances.
You may notify us of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). We will respond expeditiously to notices of alleged infringement sent pursuant to the DMCA.
In order to notify us of a copyright infringement claim pursuant to the DMCA, you must include the following:
- 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, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works;
- Description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material, including a URL address;
- Your full name, address, telephone number, and email address;
- Statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- Statement made under penalty of perjury by you that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright involved.
The notice described above should be sent to us via email at firstname.lastname@example.org.
Please note that in order to facilitate resolution of the dispute, we may provide your contact information to the user or entity that posted the Content that you are reporting; or in the event that you are the alleged infringer and provide a counter-notice, to the user or entity that filed the original claim. Please also note that you may be liable for damages (including costs and attorneys' fees) if you knowingly and materially misrepresent that material or an activity is infringing your copyright.
25. Other Complaints
If you reasonably believe that Content made available through the Service infringes your rights, please email us at email@example.com
26. Independent Contractors
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
28. Force Majeure
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including "line-noise" interference).
31. Governing Law
32. Entire Agreement
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