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Terms of Use

Terms of Use

Terms of Use updated January 1, 2010.

Welcome to TshirtLaundry.com, owned and operated by Tshirt Laundry, LLC (“Tshirt Laundry”). Tshirt Laundry provides its Website and related services (“Website”) to you subject to the following Terms of Use. If you do not agree with any of the Terms of Use, do not access or otherwise use this Website or any information contained on this Website. Your use of this Website shall be deemed to be your agreement to abide by each of the Terms of Use set forth below as well as our Privacy Policy, which is also incorporated below. Tshirt Laundry can change the Terms of Use at any time by posting an updated Terms of Use on this Website. If any modification is unacceptable to you, you shall cease using this Website. If you do not cease using this Website, you will be conclusively deemed to have accepted the change. Please read these Terms of Use carefully.

User Account, Password, and Security

In order to access some features of the Website, you will have to create an account. You are not allowed to use another user’s account without permission. You will receive a password and user account upon completing a registration process. When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to (a) immediately notify TShirt Laundry of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TShirt Laundry cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

By registering, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the Website. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If Tshirt Laundry suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Use, your account may be subject to suspension or termination, and you may be barred from using the Website.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the Website in a manner that sends more request messages to Tshirt Laundry servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Tshirt Laundry grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Tshirt Laundry reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.

You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation account names, email addresses, or other user reviews or submissions from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.

User Conduct

In using this Website, you agree to not:

  1. download, post, email or otherwise transmit any materials including but not limited to text, data, photos, graphics, stitch files, or any of these elements in combination on this Website or otherwise ("Content") that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortuous, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
  2. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can't use images of celebrities or corporate products, nor images, text, or design that you've copied from a website without written permission from the owner. You cannot create a "new" image using elements from images other people have created. And you cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
  4. download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
  5. download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
  6. download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs including Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.;
  7. download, post, email or otherwise transmit false or misleading information;
  8. disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or affiliated or linked websites;
  9. access, tamper with or use non-public areas of the Website. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution;
  10. disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked websites;
  11. frame or link to the Website except as permitted in writing by TShirt Laundry;
  12. incorporate images or names that would violate a person's right of privacy or publicity; or
  13. incorporate a celebrity, current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person's name or likeness;
  14. promote software or services that deliver unsolicited e-mail;
  15. harm minors in any way;
  16. solicit personal information from anyone under 18;
  17. use TshirtLaundry.com content to engage in commercial activities.

You acknowledge that TShirt Laundry does not pre-screen submitted Content, but that TShirt Laundry and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is available via the Website. Without limiting the foregoing, TShirt Laundry and its designees shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable to TShirt Laundry. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content, created by or submitted to, TShirt Laundry. You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither TShirt Laundry nor any other party involved with the production of any product incorporating such Content assumes that responsibility. TShirt Laundry's production of any product depicting your Content does not indicate that TShirt Laundry approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.

If you choose to post Content on Tshirt Laundry Website, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of Tshirt Laundry reflects your respect for the legal rights of users connected with TshirtLaundry.com. You understand that Tshirt Laundry does not guarantee any confidentiality with respect to any user submission or reviews.

You acknowledge and agree that TShirt Laundry may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce Terms of Use; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of TShirt Laundry, its users and the public.

You understand that the technical processing and operation of the Website, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.

You agree that you are responsible for actions and communications undertaken under your account. TShirt Laundry takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against TShirt Laundry and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Website. You agree to indemnify TShirt Laundry and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of the Terms of Use.

You agree that you will use this Website and any products ordered on this Website in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.

Privacy Policy

Your privacy is very important to TShirt Laundry. Users of this Website should refer to our Privacy Policy for information about how TShirt Laundry collects and uses personal information. By accepting these Terms of Use you expressly consent to TShirt Laundry's disclosure and use of your personal information as described in the Privacy Policy, which is incorporated herein by reference.

Proprietary Rights

You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Website, by TShirt Laundry, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Website without the authorization of the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Website, in violation of applicable copyright and other intellectual property laws.

You acknowledge and agree that the Website and any software provided to you or used in connection with the Website, including, for example and without limitation, any API's or other scripts ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except to the extent that a separate click on agreement applies to a particular piece of Software, subject to your compliance with the Terms of Use, TShirt Laundry grants you a non-exclusive, non-transferable, non-sublicenseable license to use the Software solely as necessary to use this Website and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Software, in whole or in part.

You relinquish all ownership rights to your Content submitted to the Website. The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to TShirt Laundry will automatically be deemed to be assigned, granted and transferred by you to TShirt Laundry upon their submission or communication to TShirt Laundry, and you do assign all rights therein to TShirt Laundry and agree that the same will automatically become the property of TShirt Laundry and that TShirt Laundry may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose TShirt Laundry may elect, forever.

WARRANTY

YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT. YOU HEREBY REPRESENT AND WARRANT TO US THAT THIS AGREEMENT HAS BEEN DULY AND VALIDLY EXECUTED AND DELIVERED BY YOU AND CONSTITUTES YOUR LEGAL, VALID AND BINDING OBLIGATION, ENFORCEABLE AGAINST YOU IN ACCORDANCE WITH ITS TERMS; AND THAT THE EXECUTION, DELIVERY AND PERFORMANCE BY YOU OF THIS AGREEMENT ARE WITHIN YOUR LEGAL CAPACITY AND POWER; HAVE BEEN DULY AUTHORIZED BY ALL REQUISITE ACTION ON YOUR PART; REQUIRE THE APPROVAL OR CONSENT OF NO OTHER PERSONS; AND NEITHER VIOLATE NOR CONSTITUTE A DEFAULT UNDER THE (I) PROVISION OF ANY LAW, RULE, REGULATION, ORDER, JUDGMENT OR DECREE TO WHICH YOU ARE SUBJECT OR WHICH IS BINDING UPON YOU, OR (II) THE TERMS OF ANY OTHER AGREEMENT, DOCUMENT OR INSTRUMENT APPLICABLE TO YOU OR BINDING UPON YOU.

Indemnity

You agree to defend, indemnify and hold TShirt Laundry and TShirt Laundry's officers, strategic partners, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the Website, (b) your use of the Website, (c) your connection to the Website, (d) your violation of the Terms of Use or (e) your violation of any rights of a third party.

No Resale

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Website or access to the Website without TShirt Laundry's express written consent.

Termination

You agree that TShirt Laundry, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Website, and remove and discard any Content you may have contributed to the Website, at any time for any reason or no reason. TShirt Laundry may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of the Terms of Use may be effected without prior notice, and acknowledge and agree that TShirt Laundry may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Website. Further, you agree that TShirt Laundry shall not be liable to you or any third-party for any termination of your access to the Website. Should you object to the Terms of Use or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue your use of the Website and/or terminate your account.

Links

The Website may provide, or third parties may provide, links to other websites or resources. Because TShirt Laundry has no control of such sites and resources, you acknowledge and agree that TShirt Laundry is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources or the policies or such sites and resources. TShirt Laundry is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Public Reputation

You acknowledge and agree that you will not use any product ordered from the Website in a way that would be damaging to TShirt Laundry's public reputation or that of its employees, strategic partners, shareholders, or solution partners. Additionally, you acknowledge that if you choose to display any product ordered from TShirt Laundry, in a public setting, including on the Internet, in a way which disparages TShirt Laundry, TShirt Laundry's employees, shareholders or strategic partners, TShirt Laundry reserves the right to demand immediate return of the product, to furthermore pursue all recourses and remedies available under the law.

Pricing, Shipping, and Terms of Sale

Prices for products are described on the Website and are incorporated into the Terms of Use by reference. All prices are in US dollars. Prices and products may change at TShirt Laundry's discretion. Title and risk of loss for all products ordered by you shall pass to you on TShirt Laundry's shipment to the shipping carrier. Purchases are subject to TShirt Laundry's Return Policy.

Age Restrictions

You must be at least 13 years of age to use this Website. Please contact us if you have any concerns or questions about this restriction.

Correction of Errors and Inaccuracies

The information and product listings on this Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of products (including after you have submitted your order) for any reason, including, without limitation, if the product violates any Terms of Use.

Copyright Infringement

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Website in a manner that constitutes copyright infringement, please inform our counsel by sending written notice by U.S. Mail to: Wendi E. Sloane, Esq., Barack Ferrazzano Kirschbaum & Nagelberg LLP, 200 West Madison Street, Suite 3900, Chicago, Illinois 60606. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Use or on the Website.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND THE INFORMATION, SERVICES, PRODUCTS, PROGRAMS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TSHIRT LAUNDRY, ITS STRATEGIC PARTNERS AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

TSHIRT LAUNDRY AND ITS STRATEGIC PARTNERS DO NOT MAKE ANY WARRANTY THAT (A) THE WEBSITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU AGREE THAT TSHIRT LAUNDRY AND ITS STRATEGIC PARTNERS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE WEBSITE OR ANY CONTENT CONTAINED THEREIN.

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS WEBSITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT TSHIRT LAUNDRY AND ITS STRATEGIC PARTNERS DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS WEBSITE. EXCEPT AS OTHERWISE AGREED IN WRITING, TSHIRT LAUNDRY, ITS STRATEGIC PARTNERS AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS WEBSITE.

YOU ACKNOWLEDGE THAT TSHIRT LAUNDRY AND ITS STRATEGIC PARTNERS MAKE NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEBSITE WILL BE MAINTAINED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TSHIRT LAUNDRY AND ITS STRATEGIC PARTNERS OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL TSHIRT LAUNDRY OR ITS OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, STRATEGIC PARTNERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING TSHIRT LAUNDRY OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TSHIRT LAUNDRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR (E) ANY OTHER MATTER RELATING TO THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

SEVERABILITY

If any provision of the Terms of Use is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of the Terms of Use shall in no way be affected or impaired.

GENERAL

The Terms of Use and your relationship with Tshirt Laundry shall be governed by and construed in accordance with the laws of the state of Illinois, without resort to its conflict of law provisions. You and TShirt Laundry agree to submit to the personal and exclusive jurisdiction of the courts located within Cook County, Illinois. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by the Terms of Use. TShirt Laundry may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of the right or provision. TShirt Laundry's failure to act with respect to a breach by you or others does not waive TShirt Laundry's right to act with respect to subsequent or similar breaches. These Terms of Use constitutes the entire agreement between you and TShirt Laundry, and supercedes all other communications, written or oral, with regard to the Website and services provided by TShirt Laundry.

Please report any violations of the Terms of Use, including objectionable user submissions or behavior, to info@tshirtlaundry.com. Please state the reasons for your concern and provide a link to the user content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Tshirt Laundry in its sole discretion may investigate the matter and take such action as Tshirt Laundry determines to be appropriate.

The Tshirt Laundry Website is © 2010, Tshirt Laundry, LLC – All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Tshirt Laundry.

All of the Tshirt Laundry trademarks are owned by Tshirt Laundry and may not be used for any purpose without the prior written permission of Tshirt Laundry.