Terms and Conditions | About Same Day Custom T-Shirts

Last Update Date: Jun 09, 2023

Introduction

This User Agreement, including all the terms and conditions herein (the "Agreement"), is a legally binding contract between SameDayCustom, LLC, with offices/residing at 102 Mall Circle Dr, Monroeville PA 15146 (together with its Affiliates, subsidiaries, partners, and parent applicable to the Services set forth in this Agreement) (referred to as the "Company"), and any individual or entity that browses, interacts with, and/or uses the Services offered by the Company through its Website or any other channel facilitated by the Company (referred to as the "Customer"). The Company and the Customer may collectively be referred to as the "Parties" and individually as a "Party" (as the case may be and as the context may dictate).

By accessing and/or using the Company’s Website, Application, and/or Services, the Customer knowingly acknowledges and accepts the Company’s terms and conditions outlined herein, without any liabilities towards the Company under any circumstances, in addition to other terms and conditions specified on the Company’s Website, including but not limited to the Privacy Policy, Return Policy, and others. The Company reserves the right to amend this Agreement from time to time at its discretion, without the obligation to notify its Customers. It is the responsibility of the Customers to stay informed about any changes by checking the Last Update Date, as the Company will revise it when introducing any modifications.

1. Definitions

1.1. In this Agreement, unless the context otherwise requires, each of the following words and expressions shall have the following meanings:

1.1.1. Affiliate: Any person, corporation, or other entity that is Controlled by, Controlling, or under common Control with the Company.
1.1.2. Website: Any electronic platform, domains, subdomains, or plugins owned and/or operated by the Company to offer its Services to its Customers.
1.1.3. Application: Any mobile application(s) owned and/or operated by the Company to offer its Services to its Customers.
1.1.4. Services: Any offerings provided by the Company through its Website or Applications.
1.1.5. Account: A unique account created by and for the Customer on the Company’s Website or Applications to access the Company’s Services or part of the Company’s Services.
1.1.6. Content: Any text, image, graphics, pictures, data, text, photographs, messages, and other materials that are posted, uploaded, edited, or displayed by the Customer on the Website to use the Service.
1.1.7. Print Provider: Any of the Company’s approved local print providers through which the Services are printed and fulfilled.
1.1.8. Order: A request by the Customer to purchase Goods from the Company.

1.2. References to a "Party" or the "Parties" shall include their respective successors in title, permitted assignees, estates, and legal personal representatives.

1.3. Unless the context otherwise requires, words denoting the singular shall include the plural and vice versa, words denoting any gender shall include all genders, and words denoting persons shall include bodies corporate and unincorporated, associations, partnerships, and individuals. Unless otherwise indicated, any references to "days" shall mean calendar days, and days and times shall be relative to the jurisdiction within the Territory in which the Company is carrying out the Services.

2. Customer Accounts

2.1. In order for the Customer to access and utilize the Company’s Services, it is a requirement to create an Account with the Company. The Customer is permitted to maintain only one Account at all times.

2.2. The Customer must furnish the Company with all necessary and accurate information during the Account creation process. It is the Customer’s responsibility to ensure that the provided information is complete, current, and in compliance with the Company’s Privacy Policy.

2.3. The Company reserves the right to determine the requisite information and may modify the requirements by adding or removing specific information. The Customer is obligated to adhere to the Company’s guidelines regarding the required information.

2.4. Failure by the Customer to provide precise, complete, and up-to-date information, or the submission of false identity details, shall constitute a violation of this Agreement. Such breach may result in immediate termination of the Customer’s Account, thereby forfeiting any and all rights associated with the use or benefits derived from the Company’s Services.

2.5. The Customer bears sole responsibility for any activities carried out on their Account and must not utilize another Customer’s Account without explicit permission.

2.6. The Customer must safeguard their Account credentials and refrain from sharing them with any third party. In the event of any suspected or actual unauthorized access, loss, theft, or compromise of login information, the Customer must promptly notify the Company.

2.7. The Customer is prohibited from using a username that belongs to another individual, entity, or organization, or any name or trademark that infringes upon the rights of others. Additionally, the Customer must refrain from employing offensive, vulgar, or obscene usernames.

2.8. By accessing the Company’s Website, Applications, and Services, the Customer confirms that they are at least eighteen (18) years of age. The Company does not permit individuals under the age of eighteen (18) to use its offerings. If the Customer provides false age-related information, the Company shall not be held liable for any legal repercussions or damages resulting from the provision of false information.

2.9. If the Customer is using the Company’s Services on behalf of an entity or organization, they assert and affirm that they possess legal authority to bind such entity or organization to this Agreement. In such cases, the Company assumes no liability for the Customer’s use of the Services.

2.10. The Company retains the right to terminate Services, restrict access to specific features or Services, or impose limitations on Customers or Accounts without incurring any liability towards the Company. In the event of prior removal by the Company, the Customer shall not be entitled to create another Account.

2.11. Certain areas or features of the Service may require the Customer to accept additional terms and conditions, or may be governed by distinct policies, standards, or guidelines. Unless expressly stated otherwise, the specific terms and conditions applicable to a particular region or feature of the Company’s Service shall prevail in the event of any conflicts or discrepancies between them and this Agreement.

3. Agreement Amendments

3.1. Modification of Agreement and Policies:

3.1.1. The Company reserves the right to modify, alter, or amend this Agreement, Privacy Policy, or Return Policy either in part or in whole, without incurring any liabilities towards the Company. Any such amendments will be duly reflected by updating the Last Update Date stated herein or in any other relevant terms and conditions associated with this Agreement.

3.2. Effective Date of Amendments:

3.2.1. Any amendments made by the Company shall become effective immediately upon being posted on the Website or Application. It is the sole responsibility of the Customer to regularly review and familiarize themselves with any new amendments. The Company shall not be held liable for any failure on the part of the Customer to stay informed of the updated terms and conditions.

3.3. Acceptance of Agreement and Amendments:

3.3.1. By continuing to use the Website, Services, or Applications, the Customer explicitly acknowledges and accepts the terms of this Agreement, including any modifications made thereto.

3.4. Rejection and Unauthorized Access:

3.4.1. In the event that the Customer rejects the Agreement, either in part or in its entirety, or refuses to accept the amendments introduced, the Customer shall be deemed unauthorized to access or utilize the Website, Applications, or Services provided by the Company.

4. Content

4.1. Ownership and Responsibility of Content:

4.1.1. Any content posted by the Customer on the Website or Applications is the sole right of the Customer, and the Company does not claim ownership of such content. The Customer affirms that the posted content does not violate any privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person, entity, or organization.

4.2. Responsibility for User-Generated Content:

4.2.1. The Customer acknowledges that any content used, displayed, posted, reproduced, and/or distributed by the Customer through the Company or its Print Providers is the sole responsibility of the Customer. The Customer affirms that they possess the necessary rights for the content in question. The Company shall not be liable under any circumstances for any breaches or infringements caused by the Customer’s use of unauthorized or copyrighted content. The Customer agrees to indemnify the Company from any legal actions that may arise due to the use of such content.

4.3. Protection of Content:

4.3.1. The Customer bears sole responsibility for protecting any content submitted, used, displayed, or uploaded on the Website or Applications. The Company shall not be involved in the protection of said content and shall not be held liable if the content is misused by third parties, other customers, entities, or organizations.

4.4. Grant of License:

4.4.1. The Customer grants the Company a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, and perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of the Customer’s content for the purpose of providing the Services and promoting the Company through any suitable means, formats, or channels determined by the Company.

4.5. Restrictions on Content:

4.5.1. The Customer is strictly prohibited from using any content that is unlawful, offensive, upsetting, threatening, libelous, defamatory, obscene, or objectionable in any manner. The Company reserves the right to reject, amend, or request changes to any objectionable content, without incurring any liability. Examples of objectionable content include, but are not limited to, the following:
- 4.5.1.1. Unlawful or promoting illegal activities.
- 4.5.1.2. Defamatory, discriminatory, or hate speech targeting religion, race, sexual orientation, gender, disability, national/ethnic origin, or other targeted groups.
- 4.5.1.3. Content that incites violence, enrage the populace, or causes harm.
- 4.5.1.4. Infringing on proprietary rights of any party, including patents, trademarks, trade secrets, copyrights, or right of publicity.
- 4.5.1.5. Impersonating any person or entity, including the Company and its employees or representatives.
- 4.5.1.6. Violating the privacy of any third party or promoting hate or harassment towards individuals.
- 4.5.1.7. Promoting banned substances, illegal activities, underage drinking, smoking, or drug use.
- 4.5.1.8. Explicit sexual content or nudity, including sexual content involving children.
- 4.5.1.9. Libelous remarks or encouraging hatred, hostility, or harassment towards public figures.
- 4.5.1.10. Portraying people as animals to encourage violence or dehumanization, or promoting self-harm.
- 4.5.1.11. Offensive or inappropriate language, strong sexual innuendo, or explicit content.
- 4.5.1.12. Violent words, phrases, or imagery, including violent historical images.
- 4.5.1.13. Defending a felony or promoting one side in a pending judicial case.
- 4.5.1.14. Implying or promoting support, funding, or membership in a terrorist organization.
- 4.5.1.15. Including sensitive personal information or confidential data without proper consent.

4.6. Review and Editing of Content:

4.6.1. The Company reserves the right to determine the appropriateness and compliance of the content with this Agreement. The Company may edit, modify, or reject content, in part or in whole, at its discretion. The Company is not obligated to review all content uploaded by customers, as it cannot monitor all content posted by every customer.

5. Copyright Policy

5.1. Intellectual property infringement:

5.1.1. The Company acknowledges the importance of intellectual property rights and reserves the right to respond to any claim asserting that content infringes upon the copyright or other intellectual property rights of any person, entity, or organization.
5.1.2. If the Customer is a copyright owner, authorized representative, or reasonably believes that copyrighted work has been copied in a manner constituting copyright infringement through the Service, the Customer must provide a written notice to the Company’s attention via email at info@samedaycustom.com. The notice should include a detailed description of the alleged infringement. The Customer may be held liable for any damages, including costs and attorney’s fees, incurred due to misrepresenting the existence of infringing content.
5.1.3. Upon detecting any copyright infringement by a Customer, the Company reserves the right to take the following actions:

5.1.3.1. Immediately suspend the infringing party’s use of the Services, block or remove the Customer’s Account.
5.1.3.2. Remove, block, and disable access to any content alleged to infringe upon the intellectual property rights of others, upon receiving a claim from the aggrieved party.
5.1.3.3. Attempt to notify the allegedly infringing party regarding the notice and the removal of their rights to use the Website, Services, or Applications.
5.1.3.4. The Company’s policies and procedures regarding infringement notices and content removal are designed to comply with the requirements and obligations of service providers under the Digital Millennium Copyright Act (DMCA).

5.2. Ownership and Permission:

5.2.1. By accepting this Agreement and utilizing the Company’s Services, the Customer affirms ownership or the necessary rights, including copyrights, granted by the intellectual property rights owner, to use, display, reproduce, edit, or upload the content for the purpose of the Service. The Customer further agrees and represents that they own or have permission to use all copyrights, trademarks, service marks, trade dress, and trade names incorporated into the content they post or use in connection with any Content and the Services provided under this Agreement.
5.2.2. The Company may employ various means to verify the Customer’s ownership of uploaded content on the Website, such as disclaimers or upload confirmations. Any false confirmation from the Customer on any disclaimer shall render the Customer liable for any claims that may arise thereafter.

5.3 Company Property:

5.3.1. All content available on the Website or Applications, including but not limited to images, text, colors, designs, slogans, or trademarks, is the exclusive property of the Company and licensed for the Company’s use. The Customer may only use the Content permitted by the Company, subject to the terms and conditions outlined in this Agreement and any additional restrictions or conditions imposed by the Company or any third parties. These restrictions or conditions may be communicated to the Customers through any communication channel determined by the Company.
5.3.2. The Customer acknowledges that the Content available on the Website is not intended for commercial resale. If the Customer wishes to engage in such activities, they must obtain written permission from the Company.
5.3.3. Any designs created by Customers using Company-owned Content or tools do not confer exclusive ownership to the Customer. The Company retains sole ownership of all designs created by Customers using Company-owned Content or tools and reserves the right to use such designs in any manner it deems appropriate.

6. Third-Party Vendors and Links to Other Websites

6.1. In order to deliver a high-quality service, the Company may utilize third-party websites or service providers, including but not limited to Print Providers, that are not owned or controlled by the Company. The Company explicitly states that it bears no responsibility for the content, privacy policies, or any other terms and conditions of these third-party websites or service providers.

6.2. The Customer acknowledges, understands, and agrees that the Company shall not be held accountable or liable, directly or indirectly and under any circumstances, for any damages or losses incurred or alleged to be incurred in connection with the use of or reliance on any content, goods, or services available on or through these third-party websites or service providers.

6.3. The Customer knowingly and willingly acknowledges, understands, agrees to, and accepts the terms and conditions, privacy policies, policies, and procedures, or any other terms and conditions governing these third-party websites or service providers and their interactions. Any violation of these terms and conditions by the Customer shall be the sole responsibility of the Customer, and the Company shall not be held liable in any way or under any circumstances for such breaches. The Customer shall indemnify the Company for any damages or consequential damages that may arise from such breaches.

7. Pickup, Shipping, and Local Delivery Additional Terms

7.1. The provision of free local delivery is contingent upon the Customer meeting the minimum Order amount, exclusive of taxes and any additional charges, such as delivery fees. The minimum Order amount is not predetermined and may vary based on factors including, but not limited to, the delivery cost incurred by the Company due to the distance between our Print Provider and the Customer’s location.

7.2. The application of free local delivery will be automated once the Customer fulfills the indicated minimum Order amount. The Company reserves the right to add, modify, or withdraw the offer of free delivery as it deems appropriate.

7.3. Please note that free local delivery does not apply to express, expedited, or return shipping. It is only applicable to specific locations within the United States of America, which may be subject to change at the sole discretion of the Company. Therefore, all available logistics options, including shipping, delivery, and pickup, will be presented to the Customer at the checkout.

7.4. The time frame for pickup, delivery, or shipping of the Order (referred to as the "Service Level Agreement" or "SLA") depends on various Order-specific requirements, such as the quantity and colors of items, printing method, design complexity, stock availability, and turnaround time for order production. Any information provided on our website’s homepage regarding SLA is intended as a general guideline or may be based on specific scenarios, and does not encompass the specific requirements of individual Orders. Consequently, such SLA should not be construed as a promise, binding contract, or agreement between the Company and the Customer, and the Company cannot be held liable for any misunderstandings on the Customer’s part. The Company reserves the right to modify or remove the SLA at its sole discretion.

7.5. One-day shipping refers to the delivery on the following business day ("Transit Time") after the Order has been handed over to the third-party logistics company for shipping and delivery. The feasibility of next-day delivery depends on factors such as the Customer’s location, the Print Provider’s location, Order quantity, Order weight and size, and stock availability.

7.6 Transit Time will be provided at the checkout. Please note that such Transit Time is generic or may be based on specific cases and relies on the performance of the third-party logistics provider, which the Company has no control over. It does not take into account the specific requirements of the Order. Therefore, this Transit Time should not be considered a promise, binding contract, or agreement between the Company and the Customer, and the Company cannot be held liable for any misunderstandings on the Customer’s part. The Company retains the right to modify or remove the Transit Time at its sole discretion.

8. Limitation of Liability

8.1. Disclaimer of Liability:

8.1.1. To the fullest extent permitted by applicable law, the Company shall not be held liable, directly or indirectly, under any circumstances, for any loss of use, loss or inaccuracy of data, loss of privacy, failure of security mechanisms, interruption of business, costs of delay, or any indirect, special, incidental, reliance, or consequential damages of any kind (including lost profits), regardless of the legal theory or form of action, whether in contract, tort (including negligence), strict liability, or otherwise, even if such damages were anticipated.

8.2. Limitation of Liability:

8.2.1. To the maximum extent permitted by applicable law, the total aggregate liability of the Company arising in connection with the Agreement, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or any other legal theory, shall be limited to the total charges paid by the Customer for the Service.

8.3. Third-Party Websites and Service Providers:

8.3.1. The Company shall not be held liable, directly or indirectly, under any circumstances, for any delays, failures, damages, or losses caused by or in connection with any third-party websites or service providers.

8.4. Customer Responsibility for Instructions and Information:

8.4.1. The Company shall not be held liable, directly or indirectly, under any circumstances, for any delays, failures, damages, or losses caused by incorrect instructions or information provided by the Customer. If any collateral damages, losses, or failures occur due to the Customer’s incorrect instructions or information, the Customer shall assume full responsibility and indemnify the Company against any claims or liabilities arising from such events.

8.5. Disclaimer of Damages:

8.5.1. Under no circumstances shall the Company be liable for any damages, including, but not limited to, direct or indirect, special, incidental, or consequential damages, losses, or expenses arising in connection with the Website or its use, or the inability to use the Website by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure, even if the Company or its representatives have been advised of the possibility of such damages, losses, or expenses.

8.6. Disclaimer of Warranty:

8.6.1. The information and materials provided on the Website, including text, graphics, links, or other items, are provided "as is" or "as available." The Company does not warrant the accuracy, adequacy, or completeness of the information and materials on the Website and expressly disclaims liability for any errors or omissions. No warranty of any kind, whether implied, express, or statutory, including but not limited to warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose, or freedom from computer viruses, is given in conjunction with the information and materials.

8.7. Indemnification:

8.7.1. The Customer acknowledges and agrees to defend, indemnify, and hold the Company and its affiliates harmless from any and all claims, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or related to the Customer’s use of the Company’s website, Service, or Applications, the Customer’s violation of this Agreement, or the Customer’s violation of any third-party rights.

8.8. Service Availability and Changes:

8.8.1. The Company cannot guarantee continuous access to or availability of its Service due to the nature of the Internet. The Company reserves the right to limit accessibility to its Service or specific features if necessary for capacity restrictions or the security of its systems. Access restrictions may also be imposed during maintenance procedures to ensure effective and efficient operation. The Company retains the right to enhance or modify its Service and occasionally introduce new products.

8.9. Printing Process and Liability:

8.9.1. The Company does not maintain inventory or engage in printing processes. The quality and outcome of the produced Orders are determined by the chosen Print Provider. Each Print Provider has its own tools and procedures. If any defects occur in the production of an Order due to the quality of the provided Content, the Company or its Print Providers may modify the Content at their discretion, and neither the Company nor its Print Providers shall be liable for any claims or refunds arising directly or indirectly from such actions or defaults in the production of the Orders as stated in this provision.

8.10. Customer Acceptance and Waiver:

8.10.1. The Customer is required to sign the "Order Acknowledgment and Receipt" document upon picking up any Order from any Print Provider. By signing the document, the Customer acknowledges that they have received the Order and waives any liabilities toward the Company. Failure to sign the "Order Acknowledgement and Receipt" document within two (2) days from the date of picking up the Order will be considered as full acceptance of the Order by the Customer, and they will lose any rights for compensation in any form or method.

9. Waiver and Indemnity

9.1. The Customer acknowledges and agrees that neither the Company nor its Affiliates and/or Print Providers make any representation or provide any warranty, express or implied, including but not limited to freedom from errors, merchantability, fitness for a particular purpose or use, suitability, title, and non-infringement, regarding any Content/design/IP/mark. The Customer acknowledges and agrees that the Company cannot, will not, and does not guarantee the safety, usefulness, legality, moral acceptability, or commercial success of any Content/design/IP/mark.

9.2. Customer Representations and Warranties:

9.2.1. The Customer represents and warrants the following:
- 9.2.1.1. The Customer owns or has the right to use the IP or Content submitted to the Company, whether registered, in the process of registration, or unregistered, for the purpose of using the Company’s Services, free and clear of any liens, charges, and encumbrances, except for licenses granted to Third Parties that do not conflict with the rights and licenses granted to the Company.
- 9.2.1.2. The Customer has the right to grant sublicenses to the Company within the scope contemplated under the Services.
- 9.2.1.3. To the Customer’s knowledge, no person has infringed, misappropriated, or violated the Content/owned IP as of the date of employing the Services.
- 9.2.1.4. Neither the Customer nor any of its Affiliates have filed or made any written claim alleging infringement, misappropriation, or other violation of any owned IP as of the date of employing the Services, except in cases where the alleged infringing party engages in activities reasonably similar to the Customer’s purposes.

9.3. Non-Infringement and Absence of Disputes:

9.3.1. As of the Effective Date, and to the knowledge of the Customer:
- 9.3.1.1. The printing, production, re-production, manufacture, sale, use, lease, or other disposition or consumption or advertisement of the Content/Design/IP/Mark by the Company, as contemplated under the Services and the Terms of Service, does not infringe any validly issued and unexpired patent of any third party.
- 9.3.1.2. None of the Content/Design/Marks/IP owned by the Customer and existing as of the Effective Date is subject to any pending or outstanding injunction, order, decree, award, settlement, judgment, or other disposition that would reasonably restrict its use within the scope of the licenses granted to the Company or adversely affect the scope, validity, or enforceability of any IP owned by the Customer.

9.4. No Claims or Actions:

9.4.1. As of the Effective Date, and to the knowledge of the Customer, there have been no pending or threatened written actions, claims, demands, suits, proceedings, arbitrations, citations, summons, subpoenas, inquiries, or investigations of any nature, civil, criminal, regulatory, or otherwise, against the Customer or any of its Affiliates related to the Content/IP/Marks/Design owned by the Customer as of the Effective Date. However, this provision does not require the Customer to have conducted any inquiries or obtained any freedom to operate opinions.

9.5. Indemnification:

9.5.1. The Customer shall indemnify, defend (using counsel acceptable to the Company), and hold harmless the Company, its trustees, officers, employees, agents, Affiliates, and Print Providers from any liability, costs, expenses, damages, deficiencies, losses, or obligations arising from a third-party claim based on or related to the Content/IP/Design/Mark. This includes, but is not limited to, any product liability claims or claims based on tort, warranty, strict liability, death, personal injury, illness, or damage to property. The indemnification also applies to actions taken by the Company, its Affiliates, Print Providers, sublicensees, or any other transferees in connection with the printing, production, re-production, manufacture, sale, use, lease, disposition, consumption, or advertisement of the Content/Design/IP/Mark. Customer shall not settle or compromise any claim without the prior written consent of the Company, except when such settlement or compromise includes a complete release of the Company from all claims. Company’s consent shall not be unreasonably withheld, conditioned, or delayed unless the settlement or compromise implies an admission of liability by the Company or requires the Company to take or refrain from taking any action.

10. Force Majeure

10.1. The Company shall not be held liable for any inability to fulfill its obligations under this Agreement in the event of a Force Majeure Event. A Force Majeure Event includes, but is not limited to, war, natural disaster, or any other cause beyond the Company’s control, such as power failure, telecommunication or data network disruptions, or denial of a license by a government agency.

11. Warranty and Disclaimer

11.1. The Company’s failure to exercise any right under this Agreement shall not be construed as a waiver of that right and shall not impact the Company’s ability to exercise such right in the future.

11.2. If any section or clause of this Agreement becomes void, unenforceable, invalid, or inapplicable, it shall not affect the overall validity of this Agreement, nor shall it release the Customer from their obligations stated herein.

12. Termination

12.1. The Company reserves the right to immediately terminate or suspend the Customer’s Account without prior notice. Such termination or suspension does not impose any liability on the Company for any reason whatsoever. The Company has the authority to terminate or suspend the Customer’s Account without limitations, including but not limited to, any breaches of this Agreement.

12.2. Upon termination or suspension of the Customer’s Account, the Customer’s privilege to use the Service, Website, and/or Application will cease immediately.

12.3. If the Customer intends to terminate their Account, they may do so by discontinuing the use of the Service.

13. Governing Law

13.1. The terms and conditions outlined in this Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to its principles of conflict of laws. The Customer acknowledges and agrees to irrevocably and unconditionally submit to the exclusive jurisdiction of the state and federal courts situated in Allegheny County, Pennsylvania, for any action, litigation, or proceeding arising from or related to this Agreement. The Customer further agrees that any final judgment in such action, litigation, or proceeding shall be binding and enforceable in other jurisdictions through a lawsuit on the judgment or by any other means permitted by law.