If you register on behalf of a business, organization, school, sports team, or any other public or private entity, you represent to MIW that you have the authority to bind that entity and that your acceptance of this Agreement will be treated as acceptance by that business.
If you comply with this Agreement, MIW grants you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. No other rights are granted, implied or otherwise.
The Service may contain links to other affiliated or independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors and are not under MIW control nor is Master Image Wear responsible for.
2. Services and Content
Master Image Wear Service allows you to design and order your own custom t-shirts and apparel, and upload, transmit, publish, and disseminate text, designs, photographs, and other content (“User Content”). The Service also allows such content to be shared through third-party web services such as Facebook and Twitter. This site is intended for adults only. You must be 18 years of age or older – or have the consent of your parent or guardian – to use MIW’s website service.
Master Image Wear makes User Content available at its sole discretion and may disable access to any User Content at any time and for any reason. By using the Service, you acknowledge and agree that MIW does not guarantee access to and/or hosting of User Content that is published through the Service.
By submitting User Content as set forth above, you hereby do and shall grant to MIW, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, create derivative works based on, distribute, publicly display, and publicly perform, the User Content solely for purposes of providing you with the Service and advertising and promoting the Service — including, but not limited to, through our website and through MIW social media channels, such as Facebook — in any medium and by any means currently existing or yet to be devised
3. To Use MIW’s Website You Agree to The Following Prerequisite:
- You will not upload, post, email, transmit, or otherwise make available any content that is in violation of copyright law, trademark law, or any other law protecting intellectual property in any jurisdiction, or that violates an individual’s right to publicity or privacy. You also indicate that you have the consent, release, and/or permission of each identifiable person depicted in your User Content to upload, transmit, publish, and/or disseminate their name and/or likeness through the Service.
- You retain ownership in any trademarks, logos, trade dress or other design elements owned by you which you apply to goods purchased through the MIW Service.
- 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 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 copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof.
- You will not violate any local laws in your jurisdiction (including but not limited to intellectual property laws).
- You will not use the Service for any illegal or unauthorized purpose. If you are an international visitor, you agree to comply with all local laws regarding online conduct and acceptable content.
- You agree that MIW may, in its sole discretion and without prior notice, terminate your access to the Service and/or block your future access to the Service if it determines that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Service, or for any other reason.
- You specifically acknowledge that MIW and any 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.
4. Policy concerning Payments, Returns, Refunds, and Cancellations
Master Image Wear strives to ensure that goods ordered through the Service are always accurate and of the highest quality. Apparel you design or order through the Service are customized and unique to you. Normal turnaround time for orders is 7 business days after payment has been received and artwork approved for the order to be completed.
Time of payment. Payment is due at the time an order is placed. Rush orders require an additional $45.00 fee.
Cancellations after printing has begun. Because of the customized nature of these goods, we do not allow cancellations once printing an order has begun. Orders enter the printing process as early as one business day after they are placed on our website.
Cancellations of Rush Orders. Rush orders require more expense and time management for Master Image Wear. Once requested, a rush order cannot be cancelled.
Cancellations before printing has begun. We allow cancellations on orders that (i) have been processed but (ii) have not yet begun the printing process. Cancellations in this phase are subject to a $20 cancellation fee. (This cancellation fee covers costs associated with preparing for an order, including artwork processing, prepress processing, and material preparation costs.) Orders are processed as early as minutes after they are placed on our website, and enter the printing process as early as one business day after they are placed on our website.
Refunds and exchanges. Refunds are not accepted nor does MIW make exchanges after an order has been printed and or shipped. If, upon receipt of your finished merchandise, you feel that your order was incorrect due to an error on our part, please submit a claim to MIW within 14 days of the delivery date. Claims are handled on a case-by-case basis.
Pricing. Pricing is determined by MIW. Your confirmation of an order is a consent to pricing, including any additional fees arising from shipping, order changes, Rush requests or any other reasonable adjustments based on the circumstances.
5. Master Image Wear Digital Property
Except as expressly provided in this Agreement or otherwise permitted by law, no Master Image Wear site Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without MIW’s express prior written consent.
If you believe that MIW, or any consumer using the Service, has violated a copyright, trademark right, or any other intellectual property right you claim in your work, please contact us.
6. Use At Your Own Risk
Your use of this service is at your sole risk. The service, and any goods or services ordered through the MIW website, is provided on an “as is/available” basis.
Any material, information, or data downloaded, viewed, shared, or otherwise accessed through the service is accessed at your own discretion and risk, and 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.
7. Jurisdiction Exemptions
Some jurisdictions do not permit the exclusion of certain warranties or conditions or the limitation or exclusion of liability for certain damages. Only the limitations that are lawful in your jurisdiction will apply to you and in such instances, MIW and any affiliates liability will be limited to the maximum extended permitted by law.
You will defend, indemnify, and hold MIW harmless from and against all liabilities and costs (including reasonable attorneys’ fees) incurred by Master Image Wear and/or any Affiliates about any claim arising out of your breach of the Agreement. Master Image Wear reserves the right, but has no obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
9. Still More Terms
This Agreement. This Agreement is the whole legal agreement between you and MIW, governing your use of the website.
Governing Law. 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 United States and by the laws of the State of Utah. You agree to the personal jurisdiction by and venue in the State and Federal courts in Utah, and waive any objection to such jurisdiction or venue.
Dispute Resolution. In the event of any controversy or dispute between MIW and you arising out of or about your use of the MIW Service, MIW will attempt, promptly and in good faith, to resolve the dispute. If MIW is unable to resolve any such dispute within a reasonable time, either party may submit such controversy or dispute to mediation. The costs and fees, including reasonable attorneys’ fees, for any such mediation are to be borne by the non-prevailing party. If the dispute cannot be resolved through mediation, then both you and MIW may pursue any right or remedy available under applicable law.
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.