LogoSportswear Terms of Service Agreement
Effective Date: July 23, 2012
Welcome to the LogoSportswear website, located at www.LogoSportswear.com (the "Website"), and maintained by CafePress Inc., doing business as LogoSportswear.com ("LogoSportswear").
This Terms of Service ("TOS") contains the terms and conditions that govern your use of the Website and the LogoSportswear Service (as defined below). This TOS describes your rights
and responsibilities and what you can expect from the LogoSportswear. Use of the LogoSportswear Website constitutes your acceptance of, and agreement to, this TOS.
LogoSportswear reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change
notice or a new agreement on the Website. In the event of substantive changes to this TOS, you may be notified by email. If any modification is unacceptable to you, your only
recourse is to not use the Website and the LogoSportswear Service. Your continued use of the Website following posting of a change notice or new TOS on the Website will constitute
binding acceptance of the changes.
1. The LogoSportswear Service.
LogoSportswear provides a number of Internet-based services through the Website (all such services, collectively, the "LogoSportswear Service").
One such service enables users to create and buy customized products, including without limitation, apparel, signs, banners, bags, caps, golf balls and related accessories (collectively, "Products").
LogoSportswear users may create and purchase individual Products for their own use or, through the Share and Sell™ Service, sell Products through the CafePress Service.
Users who would like to sell Products through via the Share and Sell™ Service located at http://www.logosoftwear.com/shareandsell.php must enter into the
Share and Sell Agreement
formerly the "Share & Sell Service Terms and Conditions of Use"). LogoSportswear may offer
a number of other services on its Website, including without limitation, message boards, contests, and newsletters, which may change from time to time.
2. Use of the Website and LogoSportswear Service.
LogoSportswear will only knowingly provide the LogoSportswear Service to parties that can lawfully enter into and form contracts under applicable law. If
you are under the age of 18, but at least 13 years of age, you may use the LogoSportswear Service only under the supervision of a parent or legal guardian who agrees to be bound by this
TOS. The LogoSportswear Service is not intended for children under the age of 13.
2.2 Compliance with TOS and Applicable Law.
You must comply with all of the terms and conditions of this TOS, the applicable agreements and policies referred to below, and all applicable
laws, regulations and rules when you use the LogoSportswear Service and the Website.
2.3 Your License to Use the Website and the LogoSportswear Service.
(a) LogoSportswear solely and exclusively owns all intellectual property and other rights, title and interest in and to the LogoSportswear Service and the Website, except as
expressly provided for in these TOS. For example and without limitation, LogoSportswear owns the copyrights in and to the Website, and certain technology used in providing the
LogoSportswear Service. You will not acquire any right, title or interest therein under this TOS or otherwise to any intellectual property owned by LogoSportswear.
2.4 Third-Party Services.
(b) LogoSportswear grants you a limited revocable license to access and use the Website and the LogoSportswear Service for their intended purposes, subject to your compliance
with this TOS. This license does not include the right to collect or use information contained on the Website for purposes prohibited by LogoSportswear; to compete with
LogoSportswear; to create derivative works based on the content of the Website; or download or copy the Website (other than page caching). If you use the Website in a manner that
exceeds the scope of this license or you breach this TOS, LogoSportswear may revoke the license granted to you.
LogoSportswear may use third parties to provide certain services accessible through the Website. LogoSportswear does not control those third
and other policies. You must comply with such terms and policies as well as this TOS when you use those services. If any such terms or policies conflict with LogoSportswear's TOS,
agreements or policies, you must comply with LogoSportswear's TOS, agreements or policies, as applicable.
3. General Rules.
3.1 Prohibited Use.
You may only use the LogoSportswear Service as expressly permitted by LogoSportswear. You may not cause harm to the Website or the LogoSportswear
Service. Specifically, but not by way of limitation, you may not: (i) interfere with the LogoSportswear Service by using viruses or any other programs or technology designed to disrupt
or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the LogoSportswear Service;
(iii) interfere with, or disrupt the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or by scripting the creation of
Content in such a manner as to interfere with or create an undue burden on the LogoSportswear Service; (iv) use a robot, spider or other device or process to monitor the activity on
or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters or similar technology; (v) collect electronic mail addresses or other information
from third parties by using the LogoSportswear Service; (vi) impersonate another person or entity; (vii) use any meta tags, search terms, key terms, or the like that contain
LogoSportswear's name or trademarks; (viii) engage in any activity that interferes with another user's ability to use or enjoy the LogoSportswear Service; or (ix) assist or
encourage any third party in engaging in any activity prohibited by this TOS.
By entering into this TOS, you agree to LogoSportswear's collection, use and disclosure of your personal information in accordance with the
3.3 Ordering Policies.
If you purchase Products, you agree to do so in accordance with instructions provided on the Website. Title to the Products you purchase passes to you when the
Products are delivered to the common carrier.
4. Content License.
4.1 Service Description. As part of the LogoSportswear Service, LogoSportswear offers a service that allows you to upload images, photographs, graphic designs, and other
content (collectively, "Content") to the Website to create, produce and purchase Products featuring the uploaded Content for your own use.
4.2 Delivery of Content. You will upload or deliver to LogoSportswear all Content that you want to use with the LogoSportswear Service in accordance with the applicable
instructions on the Website. LogoSportswear may, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use
with the LogoSportswear Service.
4.3 Licensing Your Content to LogoSportswear. You will retain ownership of the Content that you upload to the Website. You hereby grant to LogoSportswear a royalty-free,
worldwide, transferable, nonexclusive, right and license to use such Content, in all media existing now or created in the future, as LogoSportswear deems necessary to enable you
to use the LogoSportswear Service to create, produce and purchase Products. LogoSportswear may sublicense the rights that you grant it in this Section to a third party
subcontractor only for purposes of providing the LogoSportswear Service, processing your order, and producing and shipping your Products.
5. Reservation of Rights.
5.1 Monitoring. LogoSportswear reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If
LogoSportswear determines, in its sole and absolute discretion, that you or another LogoSportswear user will breach a term or condition of this TOS or that such transaction
or communication is inappropriate, LogoSportswear may cancel such transaction or take any other action to restrict access to or the availability of any material that may be
considered objectionable, without any liability to you or any third party.
5.2 Modification of the Service. LogoSportswear reserves the right to modify the organization, structure or "look and feel" of the LogoSportswear Service or the Website,
and may change, suspend, or discontinue any aspect of the LogoSportswear Service at any time without any liability to you or any third party. LogoSportswear shall have
complete discretion over the features, functions, prices and other terms and conditions on which the LogoSportswear is offered to LogoSportswear users.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions");
you grant LogoSportswear permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that LogoSportswear will
have no obligation to keep any Submissions confidential. You will not bring a claim against LogoSportswear based on "moral rights" or the likes arising from LogoSportswear's
use of a Submission. This Section does not apply to your Content that you use in connection with the LogoSportswear Service.
7. Representations and Warranties.
7.1 Mutual Representations and Warranties. You represent and warrant to LogoSportswear and LogoSportswear represents and warrants to you: (i) that you or it has the
full power and authority to enter into and perform under this TOS, (ii) the execution and performance of your or its obligations under this TOS does not constitute a breach of or conflict
with any other agreement or arrangement by which you or it is bound, and (iii) this TOS is a legal, valid and binding obligation of the party entering into this TOS, enforceable in
accordance with its terms and conditions.
7.2 By You. You represent and warrant to LogoSportswear that, in your use of the LogoSportswear Service, you: (i) will not infringe the copyright, trademark, patent,
trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will not violate any applicable laws, rules, and regulations, including, without limitation,
by exploiting images or the likeness of minors. You further represent and warrant to LogoSportswear that: (i) there are no claims, demands or any form of litigation pending, or to the
best of your knowledge, threatened with respect to any of your Content; (ii) LogoSportswear will not be required to make any payments to any third party in connection with its use of
your Content, except for the expenses that LogoSportswear incurs in providing the LogoSportswear Service; (iii) the use of any instructions, formulae, recommendations, or the
like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any
software or hardware.
8. Disclaimers and Exclusions.
DISCLAIMER OF WARRANTIES. PROVIDES THE WEBSITE AND SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. DOES NOT REPRESENT
OR WARRANT THAT THE WEBSITE, SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL
OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
9. Limitation of Liability.
LIMITATION OF LIABILITY. WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES
RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICE OR THIS TOS, BASED ON ANY CAUSE OF ACTION,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THIS TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS
TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS TOS EXCEED THE GREATER OF (i) THE AMOUNT PAID BY CANVAS ON DEMAND TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING
THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.
You must indemnify and hold LogoSportswear and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any
damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the
Parties alleging that you have breached any provision of this TOS through any act or omission. If you have to indemnify LogoSportswear under this Section, LogoSportswear will
have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without LogoSportswear's express
11.1 Termination. In its sole discretion, with or without notice to you, LogoSportswear may: (i) suspend, limit your access to or terminate your use of the Website and/or the
LogoSportswear Service, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your Content from LogoSportswear's servers and directories and (iv)
prohibit you from using the LogoSportswear Service and/or the Website.
11.2 Survival. Notwithstanding Section 11.1 above, this TOS will survive indefinitely unless and until LogoSportswear chooses to terminate this TOS.
11.3 Effect of Termination. If you or LogoSportswear terminates your use of the Website or the LogoSportswear Service, LogoSportswear may delete any Content or
other materials relating to your use of the LogoSportswear Service on LogoSportswear's servers or otherwise in its possession and LogoSportswear will have no liability
to you or any third party for doing so.
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii)
electronic mail. If you give notice to LogoSportswear, you must use the following addresses: 1850 Gateway Drive, Suite 300, San Mateo, CA 94404 or email@example.com
If LogoSportswear provides notice to you, LogoSportswear will use the contact information provided by you to LogoSportswear. All notices will be deemed received as follows:
(i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24
hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email
communication will satisfy this requirement.
13. Dispute Resolution.
All disputes arising out of, relating to or connected with these TOS or your use of any part of the LogoSportswear Service will be exclusively resolved under confidential binding arbitration
held in Connecticut, before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Connecticut law (without regard for conflicts of law principles).
The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. Any action to enforce an arbitrator's award will be brought in a federal or state court
located in Connecticut. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Connecticut State courts in Connecticut. Notwithstanding anything to the contrary in this
Section 13, LogoSportswear may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or
proving money damages are insufficient, from a court of competent jurisdiction.
These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Connecticut without reference
to conflict of law principles. This TOS is not assignable or transferable by you without the prior written consent of Connecticut. This TOS (including all of the policies and other Agreements
described in this TOS, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous
agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver
thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You
and Connecticut are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of
any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect.