LAST UPDATED – November 2016
The Website is considered a general audience site and is not intended to be used by children. If you are under 18, you may use the Website only with the involvement of a parent or legal guardian. If you are a consumer you may only use this Website for domestic and private use.
Definitions. The following terms have the definitions set forth below:
“Apparel Images” means the images of blank apparel items displayed on the Website onto which one or more Owner Designs may be displayed using the Website Logo Tool.
“Designed Apparel” means digital images or product specifications created through the use of the Logo Tool to reproduce and display Owner Designs or User Designs on Apparel Images.
“Logo Tool” means the software tool accessible via the Website which enables the placement of the Owner Designs on Apparel Images.
“Material” means the Logo Tool, Owner Designs, Apparel Images, Designed Apparel, and all other text, graphical, audio, video, software, information, data, and other content available, displayed, or accessible on or through the Website, but excluding any User Designs.
“Owner Designs” means the designs and logos displayed on the Website which can be electronically displayed on one of the Apparel Images using the Logo Tool.
“Site Owner Parties” means Site Owner and its affiliates, licensors, vendors, retail partners, and any other party involved in the creation, operation, production or transmission of this Web Site and their respective officers, directors, employees, representatives, and agents, successors, and assigns.
“User Content” means all User Designs, comments, visuals, photographs, audio, video, and other types of material of any kind that a user of the Website submits or uploads to the Website.
“User Designs” means any photographs, images, text, graphics, or designs submitted or uploaded by a user of the Website.
Your Information, Registration, and User Accounts. In order to access some of the resources the Website has to offer, you may be required to be or become a registered user. To establish a Website account, you may be asked to provide registration details, which you agree to input, update, and maintain accurately and completely if you become and so long as you are a registered user. You represent and warrant that you are authorised to provide all the information you provide upon registration for your Website account. It is a condition of use of the Website that all the details you provide be correct, current, and complete. If the Site Owner believes, in its sole discretion, that the details are not true, correct, current, or complete, we have the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account.
During the registration process, you may be asked to select a username and password. The Site Owner, in its sole discretion, may refuse to grant you for any reason a username, including, by way of example only, any username that personally identifies you, belongs to or is being used by another person, impersonates someone else, is or may be illegal, is or maybe protected by trademark or other proprietary laws, violates intellectual property or other rights of any person, is vulgar or otherwise offensive, or may cause confusion. You will not transfer or resell your use of or access to the Website to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD, AND FOR USE OF YOUR USERNAME AND PASSWORD, AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. THE SITE OWNER IS NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH ANY OF THE FOREGOING OBLIGATIONS.
Grant of Rights. Subject to the your compliance with the Terms, Site Owner hereby grants you a limited, revocable, nonexclusive, non-transferable, non-assignable right to: (a) use the Logo Tool, the Apparel Images, and the Owner Designs displayed on the Website, solely for the purposes of: (i) creating Designed Apparel, (ii) downloading or saving such Designed Apparel on to your computer system, (iii) printing such Designed Apparel for the purpose of providing examples (i.e., sell sheets) to customers in print, and (iv) displaying such Designed Apparel digitally to customers for the purpose of providing examples (i.e., sell sheets) to customers; and (b) upload User Content to the Website solely for the purpose of using the Logo Tool. Site Owner may revoke this license in its sole discretion at any time.
In using the Website you agree not to:
- disrupt or interfere with the security of, or otherwise abuse, the Website or any Material, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or any Material, or affiliated or linked websites;
- access, tamper with, or use non-public areas of the Website, and you acknowledge that unauthorised individuals attempting to access these areas of the Website may be subject to prosecution;
- frame the Website within another website or webpage; or
- use a manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Website.
Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or other intellectual property, proprietary, or industrial right of Site Owner or any of its affiliates, or any licensors of any of the foregoing.
User Designs and User Content. YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF ALL USER CONTENT THAT YOU SUBMIT OR UPLOAD OR HAVE THE EXPRESS PERMISSION OF ANY THIRD PARTY OWNER TO SUBMIT AND UPLOAD, AND THAT NO USER CONTENT INFRINGES UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS, INCLUDING COPYRIGHTS, TRADEMARKS, OR PATENTS, OR OTHER RIGHTS OF ANY THIRD PARTY. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN RELATION TO USER CONTENT, OR ANY PARTS OF ANY OF THE FOREGOING. BY UPLOADING ANY USER CONTENT, YOU REPRESENT AND WARRANT THAT YOU HOLD THE RIGHTS TO UPLOAD, COMMERCIALLY REPRODUCE, DISPLAY, MODIFY, DISTRIBUTE, OR OTHERWISE TRANSMIT SUCH USER CONTENT, AND THAT THE USER CONTENT COMPLIES WITH ALL APPLICABLE LAWS, RULES, REGULATIONS, AND ORDINANCES, AND, TO THE EXTENT PERMITTED BY LAW, YOU FOREVER RELEASE THE SITE OWNER PARTIES FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, SUITS, ALLEGATIONS, DAMAGES, INJURIES, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEY’S FEES) (“CLAIMS”) MADE AS A RESULT OF THE UPLOAD, DISPLAY, MODIFICATION, DISTRIBUTION, STORAGE, USE, OR OTHER EXPLOITATION OF USER CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS. IF YOU HAVE ANY DOUBT AS TO THE LEGAL OWNERSHIP OF ANY USER CONTENT, YOU SHOULD VERIFY WITH THE RIGHTFUL OWNER THAT YOU HAVE THE RIGHT TO USE THE USER CONTENT BEFORE UPLOADING.
It is prohibited to upload, display, or otherwise transmit User Content:
- that is harmful, threatening, violent, abusive, vulgar, harassing, defamatory, discriminatory, obscene, sexually explicit, pornographic, profane, inflammatory, libelous, tortious, invasive, false, misleading, deceptive, or otherwise objectionable, or misappropriates another’s rights (including, but not limited to, rights of celebrity or privacy);
- that may infringe any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any person or entity;
- that would constitute or encourage a criminal offense or illegal activity, be unlawful, or otherwise create liability or violate any local, state, national, or international law;
- that contains computer or software viruses, time bombs, malware, worms, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any other harmful content; or
- that includes personally identifiable information of any person who has not given their prior express permission;
None of the User Content represents or reflects the opinions of Site Owner or any of its Affiliates, or any of the officers, directors, employees, agents or representatives of any of the foregoing. As such, the foregoing entities are not responsible for any User Content.
You acknowledge that the Site Owner does not preview submitted User Content, but that Site Owner and its designees shall have the right, but no obligation, in their sole discretion, to reject or remove, without prior notice, any User Content from the Website. The Site Owner and its designees further reserve the right to block users that violate these Terms from further use of the Website. You acknowledge that Site Owner may review any User Content for compliance with the Terms.
You retain all rights you may have to User Content you submit to the Website. By submitting or uploading User Content to the Website, you grant Site Owner a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty free, transferable license and right to use, copy, reproduce, modify, publicly display, perform, distribute, save, and transmit the User Content. Unless expressly provided otherwise by the Site Owner, all User Content submitted to Site Owner through or in association with the Website shall be considered non-confidential.
Exclusion of Warranties. The content on the Website is provided for general information only. It is not intended to be a full product description of any product shown, or an offer to supply such product or an indication that such product is available and therefore you should not rely on its contents. Although the Site Owner makes reasonable efforts to update the information on the Website, the Site Owner makes no representations or warranties, whether express or implied, that the content of the Website is accurate, complete or up-to-date. To the maximum extent permitted by applicable law the Site Owner Parties excludes all representations, warranties and conditions relating to the Website and the use of this Website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Site Owner makes no representations or warranties regarding the capability of the Website to save the User Content or the Designed Apparel.
Site Owner does not represent or warrant that the Website, the Material, the Designed Apparel, the Apparel Images, the User Designs, the User Content, or the information or materials, including, but not limited to, the Logo Tool or any other software, accessed from or through the Website, will be uninterrupted or free of errors, defects, viruses, or other harmful components, or that any such problems which are discovered will be corrected.
These exclusions are in addition to any specific exclusions otherwise provided in the Terms. To the extent that the jurisdiction to which you are subject to does not allow exclusion of certain warranties, such exclusions which are not permitted do not apply.
Limitation of Liability. Nothing in these Terms excludes or limits liability for death or personal injury arising from the Site Owner Parties’ negligence, or their fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under applicable law.
The Site Owner Parties will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of or inability to use the Website, or use of or reliance on any content displayed on the Website. If you are a business user, the Site Owner Parties will not be liable for loss of profits, sales, business or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage. If you are a consumer user, please note that the Site Owner Parties only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and the Site Owner Parties have no liability to you for any loss of profits, loss of business, business interruption, or loss of business opportunity.
The Site Owner Parties will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other propriety material due to your use of the Website or your downloading of any content on it, or on any website linked to it.TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE LIABILITY OF THE SITE OWNER PARTIES FOR ANY DAMAGES (DIRECT OR OTHERWISE), PENALTIES, OR LOSS ARISING OUT OF OR RELATING TO THE WEBSITE OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITE OR ANY OTHER WEB SITE, IN CONTRACT EXCEED ONE HUNDRED DOLLARS (USD $100). ANY CLAIM FOR DAMAGES IN EXCESS THEREOF IS HEREBY WAIVED BY YOU.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Indemnity. You agree to defend, indemnify, and hold harmless the Site Owner Parties, from all losses, damages, costs, liabilities and expenses (including without limitations legal expenses) incurred or suffered by the Site Owner Parties arising out of your use of the Website, or that of any person to whom you have provided access to your computer system, or your use of the Material, other than in accordance with the Terms.
Intellectual Property Rights. Except as otherwise expressly noted, the Site Owner or its providers (as applicable) own all right, title and interest in and to all Material, and the Website (including, but not limited, the selection, arrangement and organization of any part or content of the Website) (collectively, the “Intellectual Property”), and all copyright, trademark, service mark, trade dress, and other intellectual property and proprietary rights, rights of publicity and rights of privacy in or relating to any of the foregoing. Such rights are protected by copyright laws and other treaties around the world. The Site Owner does not represent or warrant that such materials do not infringe the rights of any other person or entity. Trademarks, logos, and service marks (collectively, "Marks") displayed on the Website are registered or unregistered Marks of Site Owner or its licensors, and may not be used without written authorization or license of the owner of such Marks. Without the express written consent of the Site Owner in each instance, you may not reproduce, republish, download, upload, post, display, perform, frame, transmit, distributed, modify, or use, in whole or in part, whether in text, graphical, audio, video, executable, or other form except as expressly permitted by these Terms. Any other access to the Website or use of Material is strictly forbidden without the prior written consent of the the Site Owner. Any information or Material contained on the Website Images, or the Designed Apparel which may be reproduced pursuant to these terms must bear the proprietary rights notices which originally appear on or in conjunction with such information or Materials. The use of tools should be made according to the Terms. The use of tools for purposes other than your use and information from the Website, as well as any reproduction of tools from the Website, are prohibited without the prior written authorisation of the Site Owner.
Risks related to the Internet. Complete confidentiality and security is not possible over the Internet. Use of the Internet and communications over the Internet are subject to possible interception, loss, and alteration. Therefore, you should not communicate any personal information to the Site Owner by email, unless adequate security measures are in place in order to ensure the security of the transmission. The Site Owner, its affiliates and their respective agents, administrators and employees will not be liable in any manner whatsoever, to you or any third parties, for any damage as a result of information transmitted by email to the Site Owner. You assume all risks related to such communications.
Software. Except for software expressly identified as being owned by the Site Owner, any software available for downloading through the Website is provided by third party software vendors pursuant to license agreements or other arrangements between such vendors and end-users. The Site Owner does not sell, resell, license, or sub-license any such software on its Website, and the Site Owner disclaims any responsibility or liability related to the software. Any questions, complaints, or claims related to the software should be directed to the appropriate vendor. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the software downloaded through the Website. In the event of any express inconsistency between these terms and those contained in any license agreement with a software vendor, the Terms (i.e., the terms contained herein) are paramount.
Hyperlinks.This Website may contain hyperlinks and references to other websites. Such hyperlinks and references are provided to you for information only. The Site Owner has no control over, has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such hyperlinks, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create hyperlinks from other websites to the Website, except if expressly permitted by the Site Owner. To obtain permission, contact Customer Service at email@example.com
Damage to Others. It is forbidden to introduce into or through the Website any information or materials which may be deemed harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation, or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
Liability for Computer System. You will at all times remain liable for all damages caused by your computer system as a result of (i) the connection, configuration, or compatibility of the different components of your computer system, (ii) your use of any material on any website, including, without limitation, use of the Material, (iii) your access to any website, including, without limitation, the Website or Materials, or (iv) your downloading of data, content, software and/or viruses.
The Site Owner, its affiliates and their respective agents, administrators and employees do not assume any liability whatsoever for any unauthorised access to your computer system by hackers or the quality, reliability, compatibility or speed of services rendered by your Internet service provider.
Termination. The Site Owner, in its sole discretion, may terminate or suspend your use of the Website and Material at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Website, and (b) destroy any copies you have made of any portion of the Material. Accessing the Website after such termination, suspension, or discontinuation shall constitute an act of trespass. Further, you agree that Site Owner shall not be liable to you or any third party for any termination or suspension of your access to the Website.
Investigations. Site Owner reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting, or upload of User Content. Site Owner may seek to gather information from the user who is suspected of violating these Terms, and from any other user. Site Owner may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Site Owner believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting, or upload, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. Site Owner will fully cooperate with any law enforcement authorities or court order requesting or directing Site Owner to disclose the identity of anyone posting any User Content, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL SITE OWNER PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY SITE OWNER PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS, OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A RELEASEE OR LAW ENFORCEMENT AUTHORITIES.
Reservation of Rights. All rights not expressly granted in these terms are reserved by the Site Owner. Nothing contained in these Terms shall be construed as conferring by implication, estoppel, or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of the Site Owner or any other person or entity.
Notices.Gildan may provide notice to you in respect of any infringement of these Terms to any address or number (physical or electronic) that you are associated with and in relation to changes to these terms through posting on the Website (see clause 21). Any notices or legal correspondence to Gildan must be addressed to firstname.lastname@example.org.
Applicable Law and Jurisdiction. There Terms, their subject matter and formation are governed by English law. The English courts have exclusive jurisdiction over any claim arising from, or related to, using the Website.
Severability. If any provision hereof is held illegal, invalid or unenforceable by any competent authority in any jurisdiction, such illegality, invalidity or unenforceability shall not in any manner affect or render illegal, invalid or unenforceable such provision in any other jurisdiction or any other provision hereof in any jurisdiction.