Terms of Service - smcamiseta.com

Effective date: January 01st, 2024

Please read carefully before using the services offered by SMCAMISETA.

SMCAMISETA provides users with an automated Internet-based service to design and sell t-shirts and other custom products. By using SMCAMISETA and its services in any capacity, you have agreed to the terms and conditions of this Agreement and agree to use the site and service solely as provided in this Agreement. For additional clarification on these Terms of Use, please refer to SMCAMISETA’s Frequently Asked Questions section.

USER AGREEMENT

By violating this User Agreement in any capacity, you are subject to an immediate removal of your campaign(s), possible forfeit of profit(s), and potential suspension or termination of your account.

SMCAMISETA provides its website and related services to you subject to this User Agreement (the “Agreement”), the Intellectual Property Complaint Policy (“DMCA”), the Counter-Notice Policy, the Repeat Intellectual Property Complaint Policy, the Refund Policy, and the Privacy Policy (this Agreement and the foregoing policies collectively referred to as “Terms of Use”). All of the terms and obligations set forth in the foregoing policies are incorporated by reference.

Delivery Procedure

Any time quoted for delivery is an estimate only; provided, however, that SMCAMISETA shall use commercially reasonable efforts to deliver all merchandise on or before the stated delivery date. No delay in shipment or delivery of any merchandise relieves Seller of their obligations under this Agreement.

Print Variance

Product production is generated from the artwork uploaded by the seller. The estimated positioning of the art work is provided by the seller. Print size and exact location may vary based on the product size. Colors are best matched to the artwork provided. SMCAMISETA may substitute comparable products if stock becomes an issue. Exact print size, location, and colors are not guaranteed; and are completely dependent on the artwork uploaded by the seller.

Price and Payment

Seller shall determine the price of the merchandise sold for each campaign, SMCAMISETA shall retain from the customer payments, SMCAMISETA will determine the base price as the cost of goods sold (including any additional expenses and fees SMCAMISETA determines necessary to comply with the terms of this Agreement), and remit to Seller any amount in excess of such base price (“Seller Profits”).

INDEMNIFICATION

Seller shall indemnify, defend and hold harmless SMCAMISETA and SMCAMISETA’s affiliates, employees, officers, directors, and agents from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, costs and expenses (including attorneys’ fees) which arise out of or relate to (i) any content submitted or posted by Seller, (ii) Seller’s use of, or connection with, SMCAMISETA’s website, (iii) Seller’s violation of any of the terms of this Agreement or the Terms of Use, or (iv) Seller’s violation of any rights of a third party. To secure Seller’s prompt and complete payment and performance of any and all present and future indebtedness, obligations and liabilities of Seller to SMCAMISETA including with respect to any indemnification arising out of the Agreement or the Terms of Use, Seller hereby grants SMCAMISETA a security interest in all proceeds of the merchandise (including Seller Profits and insurance proceeds). SMCAMISETA shall be entitled to all applicable rights and remedies of a secured party under applicable law.

IN NO EVENT SHALL SMCAMISETA’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE Terms of Use, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT OTHERWISE OWED TO SELLER AS SELLER PROFIT.

Disclaimer of Warranties

YOUR USE OF THE SMCAMISETA SERVICE IS AT YOUR SOLE RISK. THE SMCAMISETA SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING A BUYER’S RIGHT TO RETURN MERCHANDISE AND OBTAIN A REFUND TO THE EXTENT DESCRIBED IN OUR RETURN POLICY, SMCAMISETA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY CAMPAIGN, MERCHANDISE OR SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability

SMCAMISETA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SMCAMISETA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL SMCAMISETA TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SMCAMISETA OR SMCAMISETA HAS PAID YOU IN THE LAST SIX (6) MONTHS, OR, IF GREATER, FIFTY DOLLARS ($50). THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Exploiting system vulnerabilities

SMCAMISETA preserves the right to deal with individuals and organizations that intentionally exploit system vulnerabilities in order to usurp benefits. Individuals and organizations who have intentionally exploited the system vulnerabilities of SMCAMISETA are obligated to recover the damage caused. Damage includes, but is not limited to, the categories listed below

Loss of money and other benefits
System interruption
The damage caused by ddos and other forms of attack

MISCELLANEOUS PROVISIONS

Terms of Agreement Prevail Over Seller’s Campaign Purchase Order

The parties intend for the express terms and conditions contained in this Agreement (including any schedules and exhibits hereto), and the pricing terms as set forth for each campaign, to exclusively govern and control each of the parties’ respective rights and obligations regarding the subject matter of this Agreement, and this Agreement is expressly limited to such terms and conditions. Any attempt to modify, supersede, supplement or otherwise alter this Agreement, will not modify this Agreement or be binding on the parties unless such terms have been fully approved in a signed writing by both parties.

Relationship of the Parties

Nothing in this Agreement or the Terms of Use creates any agency, joint venture, partnership or other form of joint enterprise, employment or fiduciary relationship between the parties. Neither party has any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party or to bind the other party to any contract, agreement or undertaking with any third party.

Entire Agreement

This Agreement (and the Terms of Use) constitute the entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.

Assignment

Seller may not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of SMCAMISETA. SMCAMISETA may assign any of its rights or delegate any of its obligations hereunder in SMCAMISETA’s sole discretion.

Severability

If any term or provision of this Agreement (or the Terms of Use) is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability does not affect any other term or provision of this Agreement (or the Terms of Use) or invalidate or render unenforceable such term or provision in any other jurisdiction.

Governing Law; Venue

This Agreement and the Terms of Use shall be governed by the laws of the State of Florida, without giving effect to the principles of conflicts of laws. Each party consents to the personal jurisdiction of the Federal, state, or local county courts located in Hillsborough County, Florida. Each party agrees that any such court shall have in personam jurisdiction over such party and consents to service of process by notice sent to the address set forth above and/or by any means authorized by law.

Waiver of Jury Trial

Each party waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement or the Terms of Use.

BUYER PAYMENTS, RETURNS, REFUNDS, AND CANCELLATION POLICY

By clicking ‘Place Your Order’ you agree that you have read and understood all terms and policies that apply to you in this document.

Payment methods

We accept payment including VISA, MASTER, Paypal. Other types of payments will not be accepted.

Time of payment

Due to the extensive amount of work required prior to the printing and shipping of your order (e.g., User Content preparation), Buyers will be charged at the time their order is placed.

If you purchase any merchandise through the SMCAMISETA Service, you will be required to provide SMCAMISETA information regarding your credit card or other payment instrument. You represent and warrant to SMCAMISETA that such information is true and that you are authorized to use the payment instrument.

Time of Shipment

For all Products except apparel, we will print your Product shortly after the completion of your order and ship the Product in due course. For Products that are apparel (e.g., t-shirts), all Products of the same type will be printed and shipped. Customer(s) can expect to receive their products 14-25 business days after their payment has been received and their order processed. Customer(s) acknowledges and agrees that the stated delivery time frame of 14-25 business days is an estimate, and under certain instances (such as delays caused by the postal service, delays due to weather events or natural disasters) deliveries may exceed the stated time frame.

International: Certain countries do not provide international tracking once the shipment has left the country that our store located. If Seller experiences a lost or delayed shipment, Seller should ask the 3rd Party Customer to reach out to their local post office to inquire about which carrier UPS connects to in their country. SMCAMISETA is not responsible for providing a list of the aforementioned countries nor contacting the third-party carrier on the Seller’s or 3rd Party Customer’s behalf.

Lost or Stolen Shipments

SMCAMISETA does not guarantee domestic and/or international shipments nor handle returns or exchanges. Certain countries are considered “high risk” for issues such as lost or stolen and/or lost-in-transit shipments. Shipping SMCAMISETA products domestically & internationally are at the sole risk of the Seller. SMCAMISETA is not liable for shipments that do not deliver successfully.

Cancellations, Refunds, & Exchanges

Due to the customized characteristics of Products, we do not allow cancellations, exchanges, or refunds. If upon delivery of the product you feel that your order was incorrect due to error on our part, such as the wrong color, item size, or design, please email us within fourteen days of your delivery. Claims will be handled on a case basis. You acknowledge and agree that goods produced by us for you are bespoke, custom-made goods. Other than where goods are faulty, you have no right to cancel any order or return any goods and all orders are final.

API POLICY

OVERVIEW

All material on any SMCAMISETA API Applications is the property of SMCAMISETA. All rights reserved. The information and images presented may not under any circumstances be reproduced or used without prior written permission. Sellers may not use language that is threatening, abusive, vulgar, discourteous or criminal. Sellers also may not post or transmit information or materials that would violate the rights of any third party or which contains a virus or other harmful component. SMCAMISETA reserves the right to remove or edit any messages or material submitted by Sellers.

SMCAMISETA integrates all information, tools, and services through 3rd Party Platforms (i.e. Shopify) to benefit the Seller upon acceptance of all terms, conditions, policies, and notices herein. By accessing or using any part of the SMCAMISETA application and/or purchasing merchandise through SMCAMISETA, the Seller engages in SMCAMISETA service and agrees to be bound by the following Terms of Use. All of the terms and obligations set forth in the foregoing policies are incorporated by reference. These Terms of Use apply to all Sellers of the SMCAMISETA application, including without limitation: Users who are browsers, SMCAMISETA, customers, Sellers, and/or contributors of content.

If Seller does not agree to all terms and conditions of this agreement, Seller may not access the application and website, or utilize any SMCAMISETA services.

Any and all new SMCAMISETA application features and/or tools added are subject to the current Terms of Use. The most current version of the Terms of Use is available at any time on this page. SMCAMISETA reserves the right to update, change or replace any part or part(s) of these Terms of Use by posting updates and/or changes to the company website. SMCAMISETA is not responsible for directly updating any Seller, or “3rd Party Customer” (or “Buyer”), of aforementioned updates. Continued use of, or access to, the SMCAMISETA Application following the posting of any service modifications constitutes acceptance of any updates to the Terms of Use. SMCAMISETA does not handle and is not responsible for any Seller services including payment processing, returns, refunds, or exchanges. SMCAMISETA is not responsible for Sellers customer service. This agreement is effective until terminated by either party. Seller may terminate this agreement at any time by discontinuing his/her use of the SMCAMISETA Application and destroying all materials obtained from it.

LOST / STOLEN

International: Certain countries do not provide international tracking once the shipment has left the country that our store located. If Seller experiences a lost or delayed shipment, Seller should ask the 3rd Party Customer to reach out to their local post office to inquire about which carrier UPS connects to in their country. SMCAMISETA is not responsible for providing a list of the aforementioned countries nor contacting the third-party carrier on the Seller’s or 3rd Party Customer’s behalf.

PRINTING & PRODUCTION

SMCAMISETA prohibits Sellers from using the service to sell merchandise that infringes upon third party intellectual property rights (such as copyright, trademark, trade dress, and right of publicity). Merchandise production is generated from the artwork and mock-up provided by the Seller (3rd Party Platform seller). Print size may vary based on the individual product size. Colors are best matched to the artwork, and SMCAMISETA may substitute comparable products if stock becomes an issue. Exact print size, location, and colors are not guaranteed. Seller is responsible for checking his/her “Action Required” tab within 3rd Party Platform and it is Seller’s responsibility to take manual action if there is an address or payment issue. It is the sole responsibility of the Seller to rectify the issue manually before SMCAMISETA can continue with production. SMCAMISETA is not responsible for orders that are not processed due to these aforementioned issues.

These Services are operated and provided by SMCAMISETA. If you have any questions about these Terms, please contact SMCAMISETA at support@smcamiseta.com.