Terms and Conditions
Effective as of 10/21/2016
Welcome to the kstatespirit.com website. The following describes the terms under which we provide the kstatespirit.com website and TeeChip service (the “Service”) to you. This agreement governs both those who create registered member accounts through our Service (“Members”) and those who visit or use our Service without creating a registered member account (“Visitors”).
If you register as a Member or make a purchase through the Service on behalf of a business or other organization, you represent and warrant that you have the authority to bind that organization and that your acceptance of this Agreement will be treated as acceptance by that organization.
Changes and Modifications
We may change or amend these terms from time to time. If we make material changes, we will notify you, either through the user interface, in an email message, or through other reasonable means. Your use of the Service after the date such change(s) become effective will constitute your consent to the changed terms. If you do not agree to the change(s), you must immediately stop using the Service; otherwise, the new terms will apply to you. As long as you comply with this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be accessed and used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.
Links to Other Sites
The Service may contain links to independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to those who view our website. Such Linked Sites are not under our common ownership or common corporate control, and we are not responsible for and do not necessarily endorse the content or practices of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Description of Services
The Service is an online platform that allows you to purchase custom apparel, telephone cases, and other such products (“Products”) bearing the official names, colors, and logos of your favorite teams!
Conditions of Use
You agree to use the Service responsibly, for legal purposes only, and solely for its intended purposes. In particular:
- You acknowledge that the Service is for personal use only; you agree that you will not use the Service for any commercial purpose.
- You will not use the Service to harass, threaten, impersonate, or intimidate anyone.
- You will not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
- You will not upload, post, email, transmit, or otherwise make available any content that is in violation of copyright or trademark law – or any other law protecting intellectual property in any jurisdiction – or that violates an individual’s publicity or privacy rights.
- You will not upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
- You will not transmit any worms or viruses or any code of a destructive nature.
- You will not use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology (or any similar or equivalent manual process) to access, acquire, copy, or monitor any portion of the Service – or in any way reproduce or circumvent the navigational structure or presentation of the Service – to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Service.
- You will not use the Service for any illegal or unauthorized purpose. You agree to comply with all applicable laws, including the laws of your local jurisdiction, regarding online conduct and acceptable content (including but not limited to intellectual property laws)
Your Member Account
If you choose, you may create a registered Member account. A registered Member account is not required either to browse the kstatespirit.com website or to purchase Products.
You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your registered Member account. You agree to immediately notify us of any unauthorized use of your account or password, or any other breach of security.
Information you Provide
You must accurately provide us with all requested information when you register as a Member of the Service or purchase a Product. In certain circumstances, we will also request that you provide us – or our third party partners – with payment and/or electronic transaction information.
Content; Intellectual Property
Certain features of the Service may allow you to contribute comments, ratings, feedback, information, or other content for access, use, viewing, and commentary by us and by other users to the Service (“User Content”). When you post User Content, you represent and warrant that you have the full legal right to post the User Content and that use of the User Content by us and all other persons and entities (including in connection with Products being offering for sale) will not (i) infringe the trademark, copyright or publicity rights of any person or entity; (ii) violate any law, statute, ordinance, regulation, or agreement; or (iii) disclose any confidential or private information of any third party. Upon your submission of User Content or other material or information to us, you grant us a fully-paid, royalty-free, worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the User Content, all without any additional compensation to you whatsoever.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, “Our Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of Our Content, contained on the Service is owned, controlled, or licensed by or to us, and is protected by trade dress, copyright, and trademark laws, and various other intellectual property rights. All rights not expressly granted to you by us are hereby reserved.
If you believe that a user of our Service has violated your intellectual property rights – for example by improperly posting trademarks or copyrighted content to the Service – please contact us. You can review our full intellectual property policy, including information on how to report infringement, at https://kstatespirit.com/ip.
Buyer Payments, Returns, Refunds, and Cancellation Policy
Time of payment
Due to the extensive amount of work required prior to the printing and shipping of your order, those purchasing Products through the Service will be charged at the time their order is placed.
Cancellations, Refunds, & Exchanges
Because of the customized nature of Products, we do not allow cancellations, refunds, or exchanges. If, upon receipt of your finished Product, you feel that your order was incorrect due to an error on our part, please submit a claim to mailto:firstname.lastname@example.org within fourteen (14) days of your delivery date. Claims are handled on a case-by-case basis.
Violation of this Agreement - Termination
You agree that we may, in our sole discretion and without prior notice to you, terminate your access to the Service and/or block your future access to the Service for any reason, including if we determine that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Service. Please note that it is our policy to terminate the account of members who repeatedly violate the copyrights, trademark rights, or other rights of third parties.
If we take any legal action against you as a result of your violation of this Agreement, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted. You agree that we will not be liable to you or to any third party for termination of your access to the Service.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, AND ANY GOOD OR SERVICE ORDERED THROUGH THE SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR PARENTS, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, LICENSORS, AND ANY PARTY UNDER OUR COMMON OWNERSHIP OR COMMON CORPORATE CONTROL (“OUR AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE AND OUR AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED.
ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED, VIEWED, SHARED, OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK; YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOADING, VIEWING, SHARING, OR OTHERWISE ACCESSING OF SUCH MATERIAL. NO ADVICE, REPRESENTATION, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU EITHER FROM US OR THROUGH THE KSTATESPIRIT.COM WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT WE MAY MAKE TO THE SERVICE; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; (c) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY USER CONTENT MAINTAINED THROUGH THE SERVICE; OR (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE INFRINGING, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, OUR LIABILITY AND THAT OF OUR AFFILIATES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You will defend, indemnify, and hold us and Our Affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) we may incur in connection with any claim arising out of your breach of this Agreement or your use of the Service. We reserve the right, but have no obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
This Agreement is the whole legal agreement between you and us. It governs your use of the Service and completely replaces any prior agreements between you and us with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase other services from us, our affiliates, or our parents or subsidiary entities.
You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in Alameda County, California, and waive any objection to such jurisdiction or venue.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or your use of the Service shall be settled by confidential binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The place of arbitration shall be Alameda County, California. The arbitration shall be governed by the laws of the State of California. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Statute of Limitations
You agree that, regardless of any statute or law to the contrary, any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.
Severability of Terms; Non-waiver of Terms; Assignment
If any portion(s) of the Agreement is held to be invalid or unenforceable, such provision(s) shall be stricken and the remainder of the Agreement enforced as written. If we do not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver or relinquishment of our rights. We may assign or delegate all rights and obligations under the Agreement, fully or partially.