Website Terms of Use
Effective Date: 03/15/2019
Last Modified: 03/15/2019
Acceptance of the Terms of Use
These terms of use are entered into by and between you and 180 Projekt, LLC ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of https://180projekt.com/, including any content, functionality and services offered on or through https://180projekt.com/ (the "Website").
The Website is set up to provide varying services including, without limitation, allowing you to upload various designs for creating apparel, allowing Company to take your design and manufacture and distribute your apparel for you, allowing 180 to create an online store-front displaying and offering for sale your apparel, and allowing 180 to assist you in fundraising efforts.
Please read the Terms of Use carefully before you start to use the Website. By using the Website you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://180projekt.com/pages/privacy-policy incorporated herein by reference.
By using the Website, you represent and warrant that you are 18 years of age or older, and reside in the United States or any of its territories or possessions. If you do not want to agree to these Terms of Use or the Privacy Policy or meet the criteria set forth herein, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas, if any, of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. We cannot and do not guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal use only. No right, title, or interest in or to the Website or any content of the Website is transferred to you, and all rights not expressly granted are reserved by the Company.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your Web browser for display enhancement purposes; (iii) you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution; and (iv) if we provide social media features at any time, you may take such actions as are enabled by such features.
You must not: (i) modify copies of any materials from this site, (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site; or (iii) access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@180projekt.com.
Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Payments
The Company uses a third-party provider for its payment services. Payments made through the Website will be subject to the Company’s Terms and Conditions for the Online Sale of Goods and Services. Payments made to store-front owners will be subject to the Company’s Store-Front Owner Agreement. The Company reserves the right to change its third-party provider of payment services at any time, without notice thereof.
Shipping, Delivery, Returns, and Refunds
The Company may use a third-party provider to handle its shipping, delivery, returns, and refunds, if any. Shipping, delivery, returns, and refunds, if any, will be processed by such third-party provider in accordance with its terms of service, return policy, and/or additional policies, a link to which can be found at the Company’s Website Policies page (collectively, the “Website Policies”), and are incorporated herein by reference. Your order through the Website constitutes your acceptance of the Company’s Terms and Conditions for the Online Sale of Goods and Services and the terms and conditions set forth in the Website Policies. The Company reserves the right to change its third-party provider of shipping, delivery, return, and refund services, if any, at any time, without notice thereof. BY PLACING AN ORDER WITH THE COMPANY THROUGH THE WEBSITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY CAN SEND ALL APPLICABLE DATA OF YOURS TO THE COMPANY’S THEN-CURRENT PROVIDER TO FULFILL YOUR ORDER.
Trademarks
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes, in compliance with our then-current Acceptable Use Policy, and in accordance with these Terms of Use. You agree not to use the Website: (i) in any way that violates any applicable federal, state, local or international law or regulation, including, without limitation, any laws regarding the export of data or software to and from the US or other countries; (ii) to send, knowingly receive, upload, download, use or re-use any material which is (a) defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (b) promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (c) infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; or (d) promotes any illegal activity, or advocate, promote or assist any unlawful act; (iii) to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity; (iv) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability; (v) in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website; (vi) to use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (vii) to use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; (viii) to use any device, software or routine that interferes with the proper working of the Website; (ix) to introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (x) to attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; (xi) to attack the Website via a denial-of-service attack or a distributed denial-of-service attack; and (xii) otherwise attempt to interfere with the proper working of the Website.
Reliance on Information Posted & Changes to the Website
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content of the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material in the Website may be out of date at any given time, and we are under no obligation to update such material. You are responsible for ensuring the accuracy of any content herein.
Linking to the Website
You may link to your store-front, if a store-front owner, or your fundraising page, if a fundraiser, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. If you are not a store-front owner or fundraiser, you must not establish a link to the Website in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in the State of Texas in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Online Purchases
All purchases through our site or other transactions for the sale of goods formed through the Website or as a result of visits made by you are governed by our direct to consumer Terms and Conditions for the Online Sale of Goods and Services, which are hereby incorporated into these Terms of Use.
Copyright Complaints
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website. To submit a request, please view our Digital Millennium Copyright Act Policy, which will provide further information on proper notice of infringement.
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us. To submit a request, please view our Digital Millennium Copyright Act Policy, which will provide further information on proper notice of infringement.
If you have any further questions, or are having trouble accessing the Copyright Act Policy, feel free to contact us at dmca@180projekt.com for additional assistance.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
EXCEPT AS PROVIDED IN OUR LIMITATION OF LIABILITY OF THE SALE OF GOODS AND SERVICES, IF YOU HAVE PURCHASED GOODS FROM US THROUGH THE WEBSITE, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website. You specifically agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to any third party claim or demand that any design, phrase, symbol, or creative depiction submitted by you to Company infringes or misappropriates any patent, trademark, copyright, mask work, trade secret or any other intellectual property right of a third party now or hereafter existing. You shall cooperate as fully and as reasonably required in 180 Projekt, LLC’s defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall no, in any event, settle or resolve any matter without 180 Projekt, LLC’s prior written consent.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule whether of the State of Texas or any other jurisdiction.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the City of Decatur, Texas and County of Wise, Texas, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Note that our Terms and Conditions for the Online Sale of Goods and Services require the use of arbitration for resolving disputes solely with respect to goods and services purchased through our Website.
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Waiver of Class Action
BY USING AND/OR ACCESSING THE WEBSITE, YOU AGREE THAT ANY CLAIM YOU MAY HAVE AGAINST COMPANY, INCLUDING COMPANY’S PAST AND PRESENT EMPLOYEES AND AGENTS, SHALL BE BROUGHT INDIVIDUALLY AND YOU SHALL NOT JOIN SUCH CLAIM WITH CLAIMS OF ANY OTHER PERSON OR ENTITY OR BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION AGAINST COMPANY.
Limitation of Time to Bring Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, INCLUDING ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO COMPANY’S PRIVACY POLICY OR ACCEPTABLE USE POLICY, MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Notice
We reserve the right to and may provide any notice relating to the Website, including notice regarding a security incident or data breach, to you by: (i) sending a message to the e-mail address you provide (as applicable); (ii) posting to the Website; (iii) through major statewide media; and/or (iv) telephonic means, including calls and/or text messages, even if sent via automated means including automated dialers, standard text and data messaging rates may apply from your carrier. Notices sent by e-mail will be effective when we send the e-mail, notices we provide by posting will be effective upon posting, and notices we provide through telephonic means will be effective when transmitted or dialed. You consent to receiving electronic communications from Company relating to the Website and your use and access of the services provided through the Website. It is your responsibility to keep your e-mail address and any other contact information you provide to us current.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and 180 Projekt, LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. If there is any conflict between these Terms of Use, the Privacy Policy, and/or the Acceptable Use Policy, the order of precedence shall be: Terms of Use, Privacy Policy, Acceptable Use Policy.
Your Comments and Concerns
This Website is operated by 180 Projekt, LLC, a Texas limited liability company, located at 359 County Road 4280, Decatur, Texas 76234. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to info@180projekt.com or mailed to the address above. Any feedback you provide to us shall be deemed to be non-confidential. Company shall be free to use such information on an unrestricted basis.
