Terms & Conditions

Updated last May 2015.

SHIRTLY WEBSITE TERMS OF USE

Welcome to shirt.ly (the “Site”). This Agreement and all other documents or policies referenced here (collectively, the "Terms") set forth the legal contract between each end user ("User" or "you" or "your") and Shirtly (collectively, with its affiliates, "Shirtly", "we", or "us") with respect to access to and use of the Site and Services.

BY USING THE SITE AND SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT YOU (i) HAVE READ THESE TERMS AND THE PRIVACY POLICY, (ii) UNDERSTAND THEM, (iii) ACCEPT AND AGREE TO BE BOUND BY THEM, (iv) ARE AT LEAST 18 YEARS OLD OR ARE ABLE TO FORM LEGALLY BINDING CONTRACTS, AND (v) AGREE TO COMPLY WITH ALL LAWS AND REGULATIONS (INCLUDING ANY POLICIES OF YOUR COMPANY) APPLICABLE TO YOU, TO THE USE OF THE SERVICES, THE SITE, AND/OR THE INTERNET.


USE OF THE SITE

This Site enables you access to our Products, to purchase or return our Products, and sell your own unique designs (each a “design”), based on purchase price we agree on, and you can put a fee-on-top for yourself, subject to mutual agreement, which shall be the sale price for your clients. Each Product sold shall either feature your finished ready-to-print design or a design that is provided or developed by our designers free of charge. Provided you comply with these Terms, our Privacy Policy, and our Shipping & Returns policy (collectively, the “Shirtly Policies”), we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site.


ELECTRONIC COMMUNICATIONS

By using the Site and providing your contact and other information through the Site, you agree that we may send you communications via email, short messaging system, or via social media platforms regarding our Products and services. You will have the opportunity to opt out of receiving any future marketing emails at any time.


REGISTRATION

To use the Service, you must register and create an account. The interactive online site facilitates the Shirtly Services which are only available to Registered Users upon their creation of an Account. To be eligible to create an account, you must be at least 18 years old. When you set-up your account, you will be required to create login credentials by providing certain types of personal information. You are responsible for maintaining the confidentiality of your Login Credentials, and are solely responsible for all activities that occur using your Login Credentials. You agree not to allow a third party to use your Login Credentials at any time. We reserve the right to terminate any username and password, which we reasonably determine may have been used by an unauthorized third party. Users use the Services at their own risk. Our responsibilities are limited to providing access to the Services to facilitate the transaction of the User and the Customer directly with each other. All other activity and transactions are beyond the responsibility or liability of Shirtly.


PRIVACY POLICY

Shirtly recognizes that you have a right to privacy, and we will not give or sell anyone specific information about you or any orders you have placed through Shirtly. Shirtly collects information (including email addresses) that allows us, among other things, to: process and fill your order; contact you regarding the processing of your order; share your design with those whom you request; improve our website and service; and send informative and promotional emails that may be of interest to you. This information is never shared or sold to other organizations for commercial purposes.


SECURITY

We take such commercially reasonable measures as we deem appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure.


CONTENT

You understand and agree that except for the designs (which always remain the property of the user providing that design) we own, for the avoidance of doubt, any design commissioned by you but which was created by us free of charge shall be owned by us, or (where required, appropriate, or applicable) have licensed, all right, title and interest in and to the Site, including the features, materials, opportunities and services made available on or through the Site, and all information, text, data, graphics, Product images, sound recordings, audio and visual clips, logos, software and all other materials contained therein, and the compilation, collection, design, selection and arrangement thereof (collectively, the “Shirtly Content”). You acknowledge that the Shirtly Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws and treaties of the Philippines and other countries, and that you acquire no ownership interest by accessing and using the Site and the Shirtly Content. Such intellectual property and proprietary rights may include, but are not limited to: various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection and trade secrets, and all such rights are and shall remain the property of us or our licensors and content-providers. You may not reproduce, modify, copy, frame, publish, display, post, transmit, download, sell, create derivative works from, or distribute any Shirtly Content, or any portion thereof, without the express prior written permission of us, except as indicated within these terms. The word “Shirtly,” the “Shirtly” logo, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of Shirtly.


DESIGNS AND VARIATIONS

Our Site enables you to upload your designs to designated storage areas where you can either (a) keep private where only you can see your design or (b) you can make public and publish your designs where other users of the Site will be able to view your design and order Products featuring your design.


INTELLECTUAL PROPERTY RIGHTS OF SHIRTLY AND THIRD PARTIES

By acknowledging understanding and agreeing to abide by these Terms, you may use the Site and Services. Subject to these Terms, we also grant you a limited, non-exclusive, non-transferable personal license to download, install, operate or use as applicable any Content, software, scripts, or tools that we may, from time to time, specifically identify within the Site as available for download and/or use (“Tools”).

This license does not allow you to copy, disassemble, attempt to derive the source code of, modify, create derivative works of, rent, lease, lend, sell, redistribute or sublicense any Tools and/or design (either in whole or in part).

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the Site are protected by copyrights, trademarks and/or other intellectual properties owned, and are controlled or licensed by Shirtly.

By uploading a design to the Site, you agree that all designs and variations thereof are subject to the following rules, with which you will comply and to which you consent:

  • Although we reserve the right to review, and in our sole discretion, refuse to post or remove, any design or variation at any time, you agree that we are under no obligation to monitor or control, and shall have no liability for, any design or variation;
  • You shall not post any design or make any variation that is illegal, obscene, threatening, defamatory, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable or that contains any political campaigning, commercial solicitation, or that is false, dishonest, or commercial in nature, or that would otherwise create liability or violate any local, state, national or international law, including use of any person’s name or likeness without permission;
  • Although the Site allows you to store designs and variations, this function is offered as a convenience only and is not an archive and Shirtly shall have no liability to you or any other person for loss, damage, or destruction to your designs or variations;
  • Any opinions, statement, advice or other information presented or disseminated in your designs or are solely made by you and you are solely responsible and liable for such opinion, statement, advice or other information;
  • As between you and Shirtly, you are the sole owner of, and are solely liable and responsible for your designs and your designs reside on our systems or networks solely at your direction as a user of the Service, except for Shirtly Content.

By submitting a design via the Site and its affiliates, you grant to Shirtly a perpetual, irrevocable, royalty-free right and license to store your design on our servers and to display your design via the Site and its affiliates. In addition, for so long as you elect to make your design available to the public, you grant to Shirtly a royalty-free right and license to display your design to all other Shirtly users, reproduce and sell your design on Products, and to permit all other Shirtly users to incorporate your design into a variation. While you may remove your design from the Site and terminate this license with respect to the display of your design to other users via the Site, you agree that the foregoing license is perpetual and irrevocable with respect to Products that have already been sold featuring your design and variations that incorporate some or all of your design. You also expressly waive, discharge, and forever release all rights and causes of action to prohibit and enforce against any copying, performance, display, distribution, use or exploitation of, derivative works of your designs to the extent such Derivative works are included in a variation created during any time in which your design is stored in the Site.


COPYRIGHT

If you believe any User Content available via the Service infringes upon your intellectual property rights, please submit a notification to our designated agent at [email protected] and include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

While the Site is designed to enable you to upload Your Content, you agree and understand that this functionality is provided as a convenience only and that the Site is not as an archive. Shirtly shall have no liability to you or any other person for loss, damage, or destruction to any of Your Content and you are solely responsible for maintaining independent archival and backup copies of Your Content. SHIRTLY ASSUMES NO RESPONSIBILITY FOR THE DELETION OF OR FAILURE TO STORE OR DELIVER ANY OF YOUR CONTENT.


PAYMENT AND CHARGES

It is free to register for an Account, build areas in which you can upload and store your unique images and designs, either privately or for public viewing by other users.

Your shoppers shall pay through our accredited third party providers, such as, but not limited to dragonpay.ph.

YOU WAIVE ANY CLAIM AGAINST SHIRTLY OR A USER THAT MAKES A VARIATION OF ANY DESIGN THAT YOU PUBLISH TO THE PUBLIC, INCLUDING ANY CLAIMS FOR A COMMISSION OR OF INFRINGEMENT, REGARDLESS OF THE MEANS YOU USE TO UPLOAD YOUR DESIGN, INCLUDING DESIGNS PROVIDED VIA A THIRD PARTY IMAGE SERVICE OR APPLICATION (E.G., OR SIMILAR).


SHIPMENT/DELIVERY TIMES

We reserve the right to ship partial orders, and the portion of any order that is partially shipped may be charged at the time of shipment. Shirtly recommends that all items be secured immediately upon delivery.

If shipped to an address (other than a P.O. Box) you are responsible for arranging for an individual to be present at the time of delivery and for the products to be properly received and secured. Any individual at the delivery address who accepts delivery is conclusively presumed to be authorized to receive the delivery. Shirtly is not responsible should such an individual not be authorized to accept such delivery. You agree that your sole method of recourse for unauthorized delivery resides with the carrier of your order. Shirtly is not responsible should you enter any incorrect or inaccurate destination data in your order.


REPLACEMENTS

Shirtly will happy to send your customer a new product for the reasons listed below at no cost to you.

  1. Wrong size
  2. Wrong design
  3. Damaged shirt / Damaged print

Your customer does not need to send back the the damaged or wrong-sized product. Your customer must submit an email to to [email protected] and include the following:

  • Photograph demonstrating the wrong or damaged item
  • Customer Name
  • Product Name
  • Date Paid


PRODUCT DESCRIPTIONS

We do not warrant that our Product descriptions are exact, accurate, complete, reliable, current, or error-free. If a Product is not as described, your sole remedy is to receive a replacement Product in accordance with the process specified above.


PRICING

Except where noted otherwise, the price displayed for Products is the full retail price, exclusive of applicable VAT and shipping charges.

The prices of individual shirts shall be agreed upon in a Purchase Order between the Shirtly and you.


INTERNATIONAL USERS

By using the Site, you agree and acknowledge that it is hosted in the Philippines. If you are attempting to access the Site from a physical location within any other region with laws or regulations governing Personal Information collection, use, and disclosure that differ from the laws of Philippines, please be advised that through your continued use of this Site, which is governed by the laws of the Philippines, these Terms, and the Privacy Policy, you are transferring your personal information to the Philippines and you consent to (a) such transfer, (b) the application of the laws of the Philippines with respect to any dispute arising from or related to your use of the Site or Site, and (c) the exclusive jurisdiction of the courts of Taguig City, Metro Manila, Philippines only, to the exclusion of all other Philippine courts. Shirtly makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local Philippine laws.


DISCLAIMER

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, the SERVICE, AND ANY SHIRTLY content or user content, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SHIRTLY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP, the SERVICE, AND ANY SHIRTLY content or user content, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SHIRTLY DOES NOT WARRANT THAT THE SITE, the SERVICE, AND ANY SHIRTLY content or user content, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, or that the service will be available. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SHIRTLY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.


LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SHIRTLY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, AND ANY SHIRTLY content or user content, or any item purchased by you via the service HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SHIRTLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall SHIRTLY’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of FIVE THOUSAND PHILIPPINE PESOS (Php 5,000.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.


EQUITABLE REMEDIES

You hereby agree that if the terms of this Agreement are not specifically enforced, Shirtly will be irreparably damaged, and therefore you agree that Shirtly shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies.


INDEMNIFICATION

You agree to indemnify, defend and hold the Shirtly, and the officers, directors, employees and agents of Shirtly, harmless from and against all claims, demands, suits and all other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys’ fees), brought by any third-party in connection with or arising out of design that you submit, post to, or transmit through the Site or Site, your violation of these Terms, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.


MISCELLANEOUS

These Terms and the Privacy Policy (as each may be revised and amended at any time and from time to time) collectively constitute the entire agreement with respect to your access to and use of the Site, the Site and any other materials, products and services available on or through the Site or through the Site. Our electronically or otherwise properly stored copy of these Terms shall be deemed to be the true, complete, valid, authentic and enforceable copy of these Terms, and you agree that you shall not contest the admissibility or enforceability of Shirtly’s copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms. Except as expressly provided for herein, these Terms do not confer any rights, remedies, or benefits upon any person other than you and the Shirtly may assign its rights and duties under these Terms at any time to any third-party without notice. You may not assign these Terms without our prior written consent. These Terms shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. Should any provision of these Terms be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions hereof shall not be affected. You are responsible for complying with any and all laws of the jurisdiction from which you are accessing the Site and any other jurisdiction whose laws apply to you or your actions. You agree that you will not access or use the Site, the Content, or any other information or materials on the Site in violation of the aforementioned laws or these Terms.


QUESTIONS REGARDING THE SITE OR THESE TERMS

Please contact us with any questions regarding the Site or these Terms by e-mailing [email protected].


ACKNOWLEDGEMENT

BY USING AND ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY REFERENCED HEREIN.

Your successful registration constitutes acceptance of these Terms and Conditions. These Terms and Conditions are subject to change from time to time in our discretion. We may assign these Terms and Conditions to a third party at any time without notice to you. Shirtly reserves the final rights to refuse access to any User for any reason to anyone at any time.

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