1. Access & Membership
In order to enjoy all the benefits of Sooreety, the User must register and become a member (“Member”). Membership requires that the User registers on the Site (including by filling-out all required personal information). The User may opt-out of marketing and promotional e-mails. The User may cancel its membership at any time by canceling online on the Site. To complete registration, the User shall provide an email address and a password. The User may never use another’s Sooreety account without permission from that user. The User is solely responsible for the activity that occurs on the User’s account, and the User must keep its account password secure. The User must notify Sooreety immediately of any breach of security or unauthorized use of its account. Although Sooreety will not be liable for the User’s losses caused by any unauthorized use of its account, User may be liable for the losses of Sooreety or others due to such unauthorized use. Sooreety may change, suspend or discontinue the Services, Products, fees, charges, terms at any time, including the availability of any feature, or content. Sooreety may also impose limits on certain features and Services or restrict User’s access to parts or all of the Services without notice or liability. The User certifies to Sooreety that if User is an individual (i.e., not a corporation) the User is at least 18 years of age. The User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
Sooreety reserves the right, at its discretion, to modify this Agreement, fees, charges, terms at any time. The User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by the User following such notification constitutes the User’s acceptance of the terms and conditions of changes as modified.
3. Content and Copyright policy
When you post, submit, or upload images, pictures, data, text, photographs, graphics, messages, or other materials (“Content”) on the Site you represent and warrant that:
1. you own all copyright in the Content, or if you are not the owner, that you have permission to use the Content, and that you have the right to display, reproduce and sell the Content as Sooreety products. You license Sooreety to use and sub-license the Content in accordance with this Agreement;
2. you and your Content do not and will not infringe upon the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trademark, patent or right of privacy. Sooreety reserves the right to review, and if necessary remove, any Content from the Site or to cancel your account at its sole discretion, either because of that content breaches this Agreement or any applicable laws, or otherwise. This means that you, and not Sooreety, are entirely responsible for all Content that you upload for sale as Products, post, email, transmit or otherwise make available via the Services. If you believe that Content or other material residing on or accessible through the Sooreety Service infringes your copyright, please send a notice of claimed copyright infringement to us. Sooreety does not and will not own the copyrights and other intellectual property rights of your Content, so Sooreety will not distribute, sell, or rent your Content to any other persons, companies, etc.
4. Responsibility of site members and visitors
Violation of any of this Agreement or other rules will result in the termination of your Sooreety account. Sooreety and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Sooreety Services. Without limiting the foregoing, Sooreety and its designees shall have the right to remove any Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Sooreety or submitted to Sooreety, including without limitation information in Sooreety collaborations, posts and in all other parts of the Sooreety Services. Without limiting other remedies, we may limit, suspend or terminate our Service and User accounts, prohibit access to our Site, delay or remove hosted content, and take technical and legal steps to keep Users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time. The User is responsible for providing Sooreety with accurate information (including but not limited to its retail price). If the User has provided Sooreety with inaccurate or false information, (a) the User shall be liable to Sooreety for damages and losses (including but not limited to Sales Tax) arising out of such inaccurate or false information and (b) the User shall reimburse such damages and losses (including but not limited to Sales Tax) to Sooreety, and (c) Sooreety shall have the right to charge the Client for such damages and losses (including but not limited to Sales Tax).
5. Payments and fees
Sooreety may save Member’s credit or debit card information and use it for all future shipments and charges, which will automatically be charged to the saved card unless the Member notifies Sooreety through the Site. When you order a Product, or use a Service that has a fee, you will be charged then current fees, which we may change from time to time (such when we have holiday sales or offer you a discount of base product price). We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site. The sale will be submitted for processing and you will be charged as soon as you click on the “confirm” button. You will then receive an e-mail from us.By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilise the card to effect payment.In case of an unfounded chargeback, the User shall reimburse Sooreety for its losses, which consist of fulfillment costs and chargeback handling fees ($15 USD per chargeback).We may refuse to process a transaction for any reason or refuse Service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.Unless otherwise stated, all fees and payments are quoted in U.S. Dollars. The User is responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you will receive an e-mail from us confirming the details, description and price for the Products ordered together with some information on your rights to return your goods. Payment of the total price plus delivery must be made in full before dispatch of your Products.Discounts apply to eligible monthly recurring charges before taxes, shipping and other fees. Discounts are awarded only to Users over certain threshold of monthly revenue in the preceding calendar month. These tiers are listed on our Site and are subject to change. Sooreety at its sole discretion may change, suspend or discontinue these discounts at any time.
6. Shipping and returns for T-shirt & Gifts
Once you have clicked on the “confirm” button, it is not possible edit or cancel your order. If you want to change some parameters, Customer addresses, etc., please contact us as soon as possible. We are not bound to make such modifications in your order, but we will do our best on a case-by-case basis. Replacement of Products and credits to the Member’s account for Products claimed as damaged or not received are subject to Sooreety investigation and discretion.The risk of loss and title for such items pass to the User upon our delivery to the carrier. It is the Customer’s responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case Sooreety will not make any refunds and will not resend the Product.Sooreety will review replacement/return requests only (a) if there will be missing or broken Product, or a print error if it is Sooreety fault and (b) if Sooreety will receive a complaint within 30 days from the day the Product was delivered to the Customer (or within 30 days after the estimated delivery date, if the Product is missing).
7. Description of products
Whilst many component parts of our Products are standard, all Products available for purchase are described on their specific design page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging and any Service associated at any time, without prior notice. Before ordering, we thus invite you to have a close look at the Product description and design.We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colours and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.Sometimes during the manufacturing process Products can be damaged, obviously they won’t be shipped out to Users and Customers, however they can still be used for charitable purposes. Sooreety reserves the right to donate all damaged items with full or partial designs to charity and the User hereby waives its right to collect royalties or other fees regarding damaged products that are donated.
8. Purchase of products
Your order represents an offer to us to purchase a Product which is accepted by us once we have sent you an e-mail order confirmation. Any Products on the same order which we have not confirmed in a order confirmation e-mail do not form part of that contract.Sooreety shall under no circumstances be held liable for any special losses due to specific circumstances of the User an/or Customer, indirect or consequential losses or wasted expenditure.Orders are placed and received exclusively via the Site. Before ordering from us, it is the Member’s responsibility to check and determine full ability to receive the Products. Correct Customer’s address and post code/zip code, User’s up-to-date telephone number and e-mail address are absolutely necessary to ensure successful delivery of Products.All information asked on the checkout page must be filled in precisely and accurately. Sooreety will not be responsible for missed delivery because of a wrong delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, notify change in a phone number or any other special requirements, please contact Sooreety.
We deliver to Users/Customers to most places in the world. User is responsible for delivery prices. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.Some sort of Products are packaged and shipped separately. We can not guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Flat rate delivery times are shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make delivery of Product as simple as possible.Ownership of the Products will only pass to you/Customer when we receive full payment of all sums due in respect of the Products, including delivery charges.
You release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You agree that Sooreety has no control over and does not guarantee the delivery of the advertised collaborations and that Sooreety shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.
11. Law and Jurisdiction
If a dispute arises between you and Sooreety, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) must be resolved by a court located in the State of California. Any dispute or claim arising out of or in connection with Agreement or its formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the State of California.
No agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship, etc. is intended or created by this Agreement. You acknowledge that you have all the necessary permits to grant us with Customer’ personal data to fulfill 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. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. Sooreety reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
You will indemnify and hold Sooreety (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
(a) This agreement governs your use of Sooreety site and service, including all orders made or processed for products or services in connection with the site and service. You and Sooreety Inc., a corporation providing custom, on-demand merchandise printing, sales, and other related services (“Sooreety”), are the parties to this agreement. If you choose to use other features of the site and service, like selling custom, print-on-demand products, other terms may apply in addition to these. No exceptions to these terms are effective unless Sooreety has agreed to them in writing.
(b) Sooreety may change these terms from time to time. If Sooreety makes changes to these terms, you will be notified and asked to accept the new terms as a condition of continuing to use Sooreety site and service. If you disagree with any amendments, you must stop using Sooreety site and service.
Use of the Site and Service Generally
Sooreety owns all intellectual property and other rights, title and interest in and to its site and service (except for user-provided content). Your use of the site and service does not grant you any right, title or interest to these properties, except as follows. Sooreety grants you a limited, revocable license to access and use the site and service for its intended purpose: the provision of an online, on-demand, customizable merchandising solution. You may only use the site and service according to Sooreety terms, rules, and guidelines found on its site, and Sooreety may revoke this license and limit your access to the site and service
You may not
- interfere with the site and service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
- modify, copy, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the site and service;
- use a robot or other automated means to monitor the activity on or copy information or pages from the site and service, except search engines, traffic counters, or similar basic performance monitoring technology;
- impersonate another person or entity;
- use any meta tags, search terms, keywords, or similar tags that contain Sooreety name or trademarks;
- engage in any activity that interferes with another user’s ability to use or enjoy the site and service, including activity that places a disproportionate burden on the site and service compared to ordinary use from a single, ordinary user;
- assist or encourage any third party in engaging in any activity prohibited by this agreement; or
- use the site and service to promote hate speech, obscenity, or any content that violates our guidelines, which Sooreety may change from time to time in Sooreety sole discretion.
Our Guidelines – what we will not print
- ‘No Hate on T-Shirts’ – Some designs fulfill legal requirements, but they may be ethically questionable because they transport hate or offend others in an unacceptable manner. Below are the guidelines that we have in place in order to help us to make decisions. We reserve the right to change or modify our guidelines at any time and as we deem necessary.
- Defamatory or offensive content based on race, gender, religion, nationality, disability, sexual orientation and age
- Violence-glorifying content
- Designs that are in fact legal, however in our opinion unacceptably slander, offend, disrespect, or ridicule others or invoke violence directly or indirectly because of gender, religious affiliation, political opinion or similar characteristics
- Impious, disrespectful or malicious designs that intentionally or unintentionally offend feelings like mourning or sympathy. For example, designs that allude to victims of catastrophes or attacks in a disrespectful manner, or which glorify criminal acts.
- Nudity including, but not limited to, drawings, paintings and cartoons
- Anything that we consider sexually deviant, especially in regards to minors
(a) By placing an order using Sooreety 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 Sooreety only (no contract exists between the customer and any applicable designseller). Sooreety sendsan 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 Sooreety confirms that production has completed in a second e-mail. Sooreety cannot guarantee the continued availability of any products or designs found on its site.
(b) Information, drawings, figures, technical data, specifications of weight, measurements and services contained in brochures, catalogues, newsletters, ads, or price lists are purely informational. Sooreety 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, the order confirmation email controls.
(c) Sooreety reserves the right to reject orders for any reason or no reason. If Sooreety rejects an order, it will notify the customer.
(d) Sooreety 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 Sooreety cannot replace the order in a reasonable amount of time, Sooreety will notify the customer immediately.
(e) Since Sooreety is an international shop, all products on Sooreety are in USD currency.
Delivery & Shipment
(a) Sooreety warrants that it will ship orders within three weeks after orders are placed. Normally, goods are shipped within a few days and typical delivery times are 2-7 days, but in certain circumstances shipment and delivery can take up to three weeks. Customers and Sooreety may separately agree to more specific delivery times and terms in a separate writing or agreement (such as a request for express shipping).
(b) Sooreety will make delivery using a shipment service provider of its choosing. The customer must pay standard shipping costs which may depend on order value and shipping destinations.
(a) All prices found on Sooreety site are final, and may change from time to time. Shipping and handling are 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.
(b) Customers must pay the purchase price, applicable sales taxes, and shipping and handling charges immediately upon placing an order, without deduction.
(a) Customers may choose to pay by direct debit, credit card, advance payment, or other payment methods. Sooreety reserves the right to limit the method of payment chosen by the customer depending on order value, shipment destination, or other objective criteria.
(b) If the customer selects a payment method or provides payment information that makes it impossible or impractical for Sooreety to receive payment (for example, the customer’s account lacks sufficient funds, or the customer provided incorrect payment information) through no fault of Sooreety own, the customer agrees that Sooreety may add an additional charge to the order to recoup costs associated with processing or attempting to process the impossible or impractical transaction.
(c) Sooreety may sub-contract third parties to process payment.
(d) If the customer fails to pay, Sooreety may assign its claims to a debt collection agency and transfer the personal data required for collecting payment to these third parties.
Title to Products
Until Sooreety receives full payment for an order and the order is shipped, title to the goods remains with Sooreety. Upon transfer of the goods to the carrier, title and risk of loss passes to the customer. The customer should handle products with care until the transfer of ownership is complete (for example, in case of a product return).
(a) Sooreety provides the site and service on an “as is” and “as available” basis. Sooreety does not represent or warrant that the site and service or its use: (i) will be uninterrupted, timely, safe, or secure, (ii) will be free of inaccuracies, errors, or vulnerabilities, (iii) will meet your expectations or requirements, or (iv) will operate in the configuration or with the hardware or software you use. Sooreety hereby disclaims any and all express or implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability, and non-infringement to the fullest extent of the law, except to the extent that this agreement provides otherwise.
(b) You agree that Sooreety has no responsibility for any damages suffered by you in connection with the site and service, and that use of the site and service, including all content, data or software distributed by, downloaded, or accessed from or through the site and service, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business or your computer system or any loss of data that results from your actions and your use of the site and service. Sooreety does not control or endorse in any respect any information, products, or services offered by third parties through the site and service, and is not responsible for any possible representations and warranties these third parties may make.
(c) Due to normal changes in our industry and in our technical production processes, Sooreety may reasonably deviate from the descriptions and information found in its brochures, catalogues, and other documents with respect to material, color, weight, measurements, design, or other features.
(d) Sooreety may use subcontractors or third parties to provide certain elements of its site and service. You agree that Sooreety will not be liable to you in any way for your use of these services.
User Representations and Warranties; Sooreety Right to Refuse Performance
(a) If you upload designs or make changes to products in any way (for example, adding custom text), you represent and warrant to Sooreety that you have all necessary rights (for example, in trademark, copyright, privacy rights, publicity rights, common law, etc.) to use the text or design without violating the rights of any third party. Sooreety may, in its sole discretion, refuse to print any designs or text that you submit. However, Sooreety is not obligated to review any of your submissions.
(b) You agree to indemnify and release Sooreety from all liability (including costs and attorney’s fees) for claims relating to the alleged or actual infringement of any third-party rights and any law to the extent that such claims relate to your use of Sooreety site and service
Termination of Access
(a) Sooreety may refuse to provide its site and service to you, in full or in part, effective immediately and without notice, for any reason or no reason, but especially if Sooreety believes that you (or any others whom Sooreety believes that you act in concert with) have violated or will violate any laws, rights, or term (or the spirit of any term) of any agreement you are a party to with Sooreety, its affiliates, contractual partners, or users; or if Sooreety believes in its sole discretion that your use of the site and service may create any risk (including any legal risk) for Sooreety, its affiliates, contractual partners, or users. Limitation of access may include removal or modification of content that you have uploaded or otherwise sent to or through the site and service.
(b) If Sooreety exercises its rights under Section 15(a), or if you delete your account, this entire agreement and any other agreements you have entered into with Sooreety will survive indefinitely until otherwise terminated according to their terms, if applicable.
(a) Entire Agreement. This agreement (along with other policies found on Sooreety site and service) contains the entire agreement between the parties and replaces all prior oral and written agreements. No oral modifications, express or implied, may change the terms of this agreement. The parties have not relied on any representations or promises relating to the subject matter of this agreement except those contained within the four corners of this agreement.
(b) Means of 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 Sooreety because of incorrect or incomplete information.
(c) Enforceability and Severability. If any provision of this agreement is held invalid or unenforceable, the remainder of this agreement will remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it will remain in full force and effect in all other circumstances.
(d) Interpretation Rules. “Or” when used in a group of phrases or nouns intends to include any combination of all or any of the items in the group, and not merely one member or the other of such a group. When “includes” or “including” begins a list of items, the list is not exclusive. All headings used in this agreement are for convenience only, and are not to be taken into account when interpreting the meaning of any term of this agreement.
(e) Conflicts. If there are any conflicts between this agreement and another agreement between you and Sooreety, then the terms of that other agreement will control only to the extent they are inconsistent. Otherwise, any additional terms are supplementary to the terms of this agreement.
(f) Reservation. Sooreety reserves all rights not expressly granted in this agreement.
(g) No Third-Party Beneficiaries. This agreement does not and is not intended to confer any rights or remedies upon any person(s) other than the parties.
(h) Minimum Age. Persons under the age of 13 may not use the site. Sooreety will not collect, use, or disclose any personal information associated with a person under age 13.
(i) Retroactive Application. 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.
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