Last Updated: September 8, 2020

Welcome to the Cash family!

This super boring yet important document is our Terms of Service. We, too, wish this weren’t necessary as part of our relationship together but such is life. Please note that these Terms, in combination with our Copyright and Trademark Policy and our Privacy Policy, outline exactly what is legally expected of everyone who uses our services.

Since 2014, Shirtwascash (“Shirtwascash” or “we” or “us” or “our”) has developed a platform that brings creatives, communities and customers together. We provide a range of services, products, and websites (collectively, the “Services”) which enable you to run community-driven design contests with intent to sell, promote, and purchase artwork and art-related products through the Services and receive the benefits of the Services. The platform connects online community with artists to earn money from their artwork by making it available for sale to customers on a variety of products.

Please carefully read these terms of service (“Terms”) and our privacy policy (the “Privacy Policy”). Before you may use the Services, you must agree to these Terms and policies. By creating an account, submitting designs, hosting a collection featuring your own and others’ artwork, purchasing products, and otherwise using the Services, you agree to all of the terms and conditions in these Terms, as well as all other rules, policies and procedures relating to the Services that we may publish from time to time. If you are an artist or a customer who has signed up to receive notifications from us, you will receive a notice whenever we amend or update any of the rules, policies or procedures relating to the Services.

We will attempt to simplify the language used in a more understandable way with bold italic summaries. This simplification DOES NOT REPLACE the actual Terms. All legal terms and specifics should refer to the full written text.

PLEASE NOTE: These terms include an agreement to arbitrate, which means that you agree to submit and dispute related to your use of these services to binding individual arbitration rather than proceed in court. If you want to opt-out of arbitration, you may do so provided you follow the procedures set forth below in the section entitled “AGREEMENT TO ARBITRATE”. These terms include a CLASS ACTION waiver, which means that you agree to proceed with any private dispute individually and not as part of a proposed CLASS. These terms also include a waiver of your rights to a trial by jury irrespective of whether you agree to arbitrate your claims.

Your Access to the Services

When we use the term “You”, we imply you individually and if you’re accepting the Terms on behalf of a company or other legal entity, that legal entity. Children under the age of 16 are not allowed to create an account or otherwise use the Services.  Additionally, if you are in the European Economic Area, you must be over the age required by the laws of your country to create an account or otherwise use the Services, or we need to have received verifiable consent from your parent or legal guardian.

If you are accepting these Terms on behalf of another legal entity, including a business or a government, you represent that you have full legal authority to bind such entity to these terms. IF YOU DON’T MEET THESE REQUIREMENTS OR DO NOT AGREE TO THESE TERMS, you are not eligible to use these Services.

DESIGN, LICENSING AND THIRD-PARTY RIGHTS

Artwork and Content License

We will not limit your ability to promote or sell your brand or art in any way. Shirtwascash only seeks non-exclusive agreements with creators and third-party artists unless otherwise superseded by signed contract. As part of the Services, we may have art created on your behalf, of which you retain full ownership of.

Shirtwascash does not seek any ownership in your collection assets, brand, contest submissions, community assets, artwork, third-party licensing, or any other aspect of your artwork and content. You own and retain all rights in your artwork, third-party licenses sourced as part of any website collection, and any design work made on your behalf. All Shirtwascash relations with artists are non-exclusive unless otherwise defined and superseded by signed contract.

You hereby grant us, our international websites, third party affiliates, wholesale partners, and our third party retailers a worldwide, royalty-free, nonexclusive, assignable license, with right of sublicense, to use, publicly display and publicly perform, publish, reproduce, modify, and distribute your artwork and content in any format or medium now known or later developed for the purpose of promoting your artwork, website collection, brand and content, producing and promoting products with your artwork and content, and providing the Services.

Any artwork sourced or made on your behalf by Shirtwascash will meet these standards:

1. Third-party artwork we source on your behalf will be non-exclusive licenses, subject to their own removal requests
2. All artists using these Services, third-party or otherwise, are required to make an Account on Shirtwascash.com
3. Artwork made on your behalf by Shirtwascash, sold on your website collection and as result, but not limited to, a design contest, is owned by you
4. Artwork made on your behalf by Shirtwascash, sold in your website collection and as result, but not limited to, a design contest, will be created with original design and/or publicly available copyright-free artwork
5. You may request to have artwork taken down from your collection at any time
6. You may request to receive the original artwork files from your collection at any time for your own use

Contact us if you do not wish to have your artwork displayed and sold on products through our international websites, third party affiliates, wholesale partners, or third party retailers. If you remove your artwork, we, our affiliates, wholesale partners, and our third party retailers will have forty-five (45) days to delete your artwork from the Services. We, our affiliates, wholesale partners, and third party retailers will have the right to sell any products bearing your artwork during such forty-five (45) day period.

Contact us if you wish to receive original art files of artwork created on your behalf from your collection. Only designs you own qualify. We cannot share third-party artwork or licensed designs from your collection with you. If you request to receive your artwork we will have forty-five (45) days to make your artwork available.

YOU, AND NOT SHIRTWASCASH, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR ARTWORK AND CONTENT THAT IS MADE AVAILABLE AND ALL PRODUCTS YOU OFFER FOR SALE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION, THAT YOU OWN OR HAVE OBTAINED ALL REQUIRED INTELLECTUAL PROPERTY AND OTHER RIGHTS IN YOUR ARTWORK AND CONTENT, INCLUDING WITHOUT LIMITATION, THE RIGHT TO MANUFACTURE, DISTRIBUTE AND SELL PRODUCTS THAT INCLUDE YOUR ARTWORK.

You represent and warrant that:

1. you own all intellectual property rights in your artwork and content or that you have obtained all copyrights, trademark rights, rights of publicity and other rights required for you to make your artwork and content available through the Services, to manufacture, distribute and sell products that include your artwork and to grant us the rights granted to it in these Terms;
2. your artwork and content and the manufacture, distribution and sale of products that include your artwork does not and will not infringe the intellectual property rights or other rights of any person or entity, including without limitation any copyright, trademark, patent, right of publicity or right of privacy;
3. your artwork and content do not contain material that is false, inaccurate, misleading, incomplete, defamatory or libelous, harassing, threatening, harmful, invasive of privacy, in violation of anyone’s rights, including their privacy or publicity rights, or otherwise abusive;
4. your artwork and content are accurate, not misleading or deceptive and do not offer or disseminate fraudulent or counterfeit goods, products, services, schemes, or promotions.

We don’t verify or prescreen all artwork and submissions and, because of that, you acknowledge the possibility of seeing something you may potentially consider offensive.

You understand that the Services contain artwork and content submitted by artists that may be in the form of designs, images, pictures, data, text, photographs, graphics, video, messages, or other materials submitted, posted, published, displayed, performed, or offered for sale through the Services.

We do not verify or prescreen artwork or content across all Services, and we are not responsible for examining or evaluating artwork or content, although we reserve the right to do so. You further understand and acknowledge that you may be exposed to artwork or content that you may find to be offensive, indecent or objectionable.

DMCA Takedown

If you see questionable content or want to report artwork that breaks our Terms of Service, fill this form.

Shirtwascash respects the intellectual property of others and requires that users of our Services do the same. We have a policy that includes the removal of any infringing materials from the Services and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers. If you believe that anything on our Services infringes a copyright that you own or control, you may notify our Copyright Agent by filling out our DMCA Report Form.

Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to Shirtwascash for certain costs and damages.

If we remove your artwork, collection or content in response to a copyright or trademark notice, we will notify you via email. If you believe it was wrongly removed due to a mistake or misidentification, you can send a counter notification to our Copyright Agent (contact information provided above). Please see 17 U.S.C. §512(g) for the requirements of a proper counter notification.

Linked Websites

We are not responsible for websites linked to or from the Services.

The Services may contain links to other websites that are not owned or controlled by us. Those links are provided for convenience only and may not remain current or be maintained. We do not screen linked websites and are not responsible for the content, security, operation, or use of any linked websites or the products or services that may be offered or obtained through them. Our links to other websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent we may explicitly stipulate to the contrary on the Services. Further, we are not responsible for the content or privacy practices associated with linked websites, and it is your responsibility to review those policies before accessing those websites. If you access linked websites, you do so at your own risk.

Copyright and Trademark Policy

Our goal is to provide an ethical and beneficial platform for content creators, artists, and customers to thrive. We intend to support independent artists through collaborations with influencers and our Services. In doing so, we don’t need to rely on others’ intellectual property to be cool and succeed. We only want legal artwork sold on our site. Submitting or copying someone else’s artwork, photographs, trademarks (logos, characters, or names), or likeness (celebrities or anyone else) without permission is not allowed. Please respect our Terms and respect other artists’ intellectual property.

You agree to abide by our Terms of Service procedures to report infringements of copyrights, trademarks, or other intellectual property rights.

IT IS YOUR RESPONSIBILITY TO MAKE SURE THAT YOU ARE UPHOLDING YOUR LEGAL RESPONSIBILITIES AND NOT VIOLATING ANYONE’S RIGHTS OR BREAKING ANY LAWS BY PUBLISHING OR OFFERING ARTWORK FOR SALE THROUGH THE SERVICES.

It is our policy, in appropriate circumstances and in our sole discretion, to (i) remove individual artworks, tags, titles, or descriptions and; (ii) disable and/or terminate the accounts of artists who infringe the copyrights, trademarks, or other intellectual property rights of others. In addition to all other remedies available to us, we will not pay you if you are found to be in violation of our Copyright and Trademark Policy.

BUYING AND SELLING PRODUCTS

If you buy something, we need payment and correct information to provide a great customer experience. There are fees associated with incorrect shipping information and missed package deliveries that help us recover lost expenses.

Orders

All products are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. Any product sold using a mockup may be slightly different than advertised based on your size, product type, and our design automation results. Your placement of an order as a customer does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all the information required by us to complete your order.

Generally, use of the Services is limited to orders for your personal use. However, if you are interested in buying large quantities of products, please contact our team.

Payments

If products or services are made available for purchase through the Services and you wish to purchase the products or services, you may be asked by us or our designee (or, if the products or services are being made available by a third party provider, by the third party provider) to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address and shipping information.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR ACCOUNT TO PURCHASE ANY PRODUCT AND/OR SERVICE.

You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Services. Verification of information may be required prior to acceptance of any order through the Services.

Taxes and Shipping

We typically lose money on shipping to help promote a more positive user experience. International customers should be aware of their local Import Duties and fees, as we manufacture and ship from America. You can estimate additional duties here.

Shipping charges and applicable taxes will be shown during the checkout process prior to finalizing your order. Shipping charges are an estimate including the rate we are charged by third parties for sending your order, plus a reasonable amount for packaging and handling.  International orders (outside of the United State) may be subject to import duties or other fees outside of our control.

Understanding and planning for these fees, and any necessary postal pickup, is your responsibility. Title to products passes to you upon shipment leaving our facility. We aim to deliver all orders on-schedule, however, we cannot guarantee that our shipping providers or suppliers will not experience any shipping delays or problems. The shipping times shown on product pages are averages and estimates.

Errors, Inaccuracies and Omissions

On rare occasions, you might find that the product you receive does not match what you saw online. If that occurs, let us know here.

We strive to be as accurate as possible. However, we do not warrant that all product descriptions, images, photographs, pricing or other information on the Services are accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by us is not as described or pictured, your sole remedy is to return it in an unused condition for a refund in accordance with our Return, Exchange and Refund policies below. In the event of an error, whether on the Services, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct any error and revise your order accordingly, or to cancel the order and refund any amount charged. IF YOU RECEIVE AN ORDER THAT YOU BELIEVE CONTAINS A MISTAKE, WE ENCOURAGE YOU TO CONTACT US RIGHT AWAY SO THAT WE MAY CORRECT THE ERROR.

Return, Exchange and Refund Policies

As much as we’d like to, we can’t always guarantee your happiness with a product. To address this, we have a return policy.

Click here for the details of our return, exchange, and refund policies. We comply with the applicable laws and regulations with respect to returns, exchanges and refunds in your jurisdiction.

Contest Prizes

We reward users for submitting winning design ideas that become real products for sale on our website.  However, if you violate these Terms or any of our policies, and your account is suspended, you will not receive any prize reward.

For every design that is sold with your submission on it, we will reward you a (“Design Referral Prize”), with either a free t-shirt with that design on it or store credit of similar value unless otherwise stated in writing.

You are responsible for paying all applicable shipping and taxes associated with any orders containing Design Referral Prizes.

IN THE EVENT THAT YOUR ACCOUNT OR COLLECTION IS SUSPENDED OR TERMINATED DUE TO YOUR VIOLATION OF THESE TERMS OR OUR POLICIES AS DETERMINED BY US IN OUR REASONABLE DISCRETION, YOU WILL NOT BE ELIGIBLE TO RECEIVE ANY PENDING DESIGN REFERRAL PRIZES.

If you believe that any Design Referral Prize has been erroneously withheld from you or that your account has been erroneously or unfairly suspended or terminated, please contact us so we may further investigate.

Content Creator and Artist Commissions

We pay content creators for products sold in their collection and artists for their original artwork.  However, if you violate these Terms or any of our policies, and your account is suspended, you will not receive any pending payments.

For every product that is sold with your artwork printed on it, we will pay you (“Artist Commission”), based on the percent in our original agreement. We reserve the right to update and change the terms of Artist Commission at any time, in which case, you will be notified by email and have (30) days to accept, seek negotiation or decline. For sales of products on Shirtwascash and its international websites, you will be paid on a quarterly basis, generally within thirty (30) days of the end of a quarter. For sales of products through our third party affiliates, wholesale partners or third party retailers, you will be paid within thirty (30) days of the end of each calendar quarter. Unless otherwise stated or agreed upon in writing, all amounts will be paid in U.S. Dollars. You are responsible for paying all applicable taxes associated with your receipt of Artist Commission.

IN THE EVENT THAT YOUR ACCOUNT OR COLLECTION IS SUSPENDED OR TERMINATED DUE TO YOUR VIOLATION OF THESE TERMS OR OUR POLICIES AS DETERMINED BY US IN OUR REASONABLE DISCRETION, YOU WILL NOT BE ELIGIBLE TO RECEIVE ANY UNPAID ARTIST COMMISSION. IN ADDITION, WE WILL HAVE THE RIGHT TO REQUIRE REIMBURSEMENT OF ANY ARTIST COMMISSION PAID TO YOU WHILE YOU WERE IN BREACH OF THESE TERMS OR OUR POLICIES.

If you believe that any Artist Commission has been erroneously withheld from you or that your artwork or collection has been erroneously or unfairly suspended or terminated, please contact us so we may further investigate. If you are still unsatisfied or feel that you have not been treated fairly, please see the section below for Resolution of Disputes.

USER ACCOUNTS

You can’t sell artwork, submit ideas, or have a collection without creating an account or signing a contract. Please do so accurately and responsibly.

On-boarding and Initial Setup

In order for you to include your artwork on products sold through the Services, you must create an account on Shirtwascash.com. When creating an account, you must provide accurate, complete and updated registration and contact information. In addition, you must update your account information to keep it current and complete at all times. We may from time to time require you to provide additional information confirming your identity, including government identification, payment information, and tax identification and/or withholding forms.

You are solely responsible for all the activity that occurs through your account, including the activities of others and regardless of whether the activities are authorized, and for keeping your account password secure. You agree to notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or the losses of others due to any unauthorized use. We reserve the right to require you to alter your password if we have reason to believe your password is no longer secure. We may also require you to change your password from time to time.

You may never use another person’s account. We reserve the right to refuse to provide you with an account or cancel your account in our sole discretion, provided that such termination will not terminate our obligation to make any payments to you that may be owed.

Disclosure of Account Information

Under certain circumstances, we may disclose your account information.

You acknowledge and agree that we may access, retain and disclose your account information, artwork and content if required to do so by law or in a good faith belief that any access, retention or disclosure is reasonably necessary to: (a) enforce these Terms or the policies; (b) respond to your requests for customer service; (c) respond to a legal notice; (d) comply with legal process; or (e) protect the rights, property or personal safety of our company, our users or the public.

Termination of Account

We or you can terminate our relationship at any time. We will terminate your collection, products, and account if you violate these Terms or our policies.

1. We may suspend or terminate your access to the Services if you are determined to be, in our sole discretion, in violation of these Terms or any of our policies. We may also suspend or terminate your access to all or any part of the Services or your account at any time, with or without cause, with or without notice, effective immediately.
2. You may terminate these Terms at any time by terminating your use of the Services.
3. On termination of these Terms for any reason, the rights and licenses granted to you here under will immediately terminate and the provisions of these Terms that by their nature and context are intended to survive termination will survive. We will have no liability to you for any damages, loss of profits or other claims arising from the termination or suspension of your access to the Services or your account.

Upon termination we will suspend your account and remove your artwork and submissions, if any, from the Services within ninety (30) days. Without limitation of the foregoing, we will have the right to retain copies of your account information, artwork and content in our archives for our internal business and legal purposes. Unless your account has been terminated for a breach of these Terms or any of our policies, as determined by us in our reasonable discretion, you will be paid, in the ordinary course, any Artist Commission owed to you through the termination of your account.

If you believe that your account has been erroneously or unfairly suspended or terminated, please contact us so we may further investigate. If you are still unsatisfied or feel that you have not been treated fairly, please see the section below for Resolution of Disputes.

GRANT OF RIGHTS AND USER CONDUCT

This is the internet - have fun but moderate yourself. We advocate free speech but your fun or type of humor should not negatively affect our open and friendly culture.

Grant of Rights

As long as you comply with these Terms and our policies, we grant you a limited, non-exclusive, revocable, non-transferable license, without right of sublicense, to use the Services solely for their intended purpose.

User Conduct

Please note: We like to think we have artistic and comedic sensibility and view the human form as an entirely acceptable source of creative inspiration. However, all images containing nudity and indecent material should be marked as NSFW and Bravery (where applicable) when uploaded. We reserve the right to not permit any content that violates our Terms and policies, or for any reason at all. Please use your best judgement.

You agree to abide by these Terms and our policies while using the Services and interacting with other users. Shirtwascash and its Services are founded on respect for others, and we take this extremely seriously. You agree that you will not, either directly or indirectly:

1. Transfer your account or account information to another party without our prior written consent;
2. Post artwork, titles, tags, descriptions, or other content that is obscene, profane, hate, abusive, discrimination, denigration, objectification, or violence, or otherwise violates our community standards, as determined by us in our sole discretion. Click here for our Community Values;
3. Use, reproduce, copy, modify, adapt, create derivative works from, publish, print, transmit, distribute, perform, display, sell, license, rebrand, or otherwise transfer: (a) any portion of the Services, artwork or content made available through the Services other than your own artwork or content, without the owner’s express written permission; or (b) any Shirtwascash copyrights or trademarks;
4. Decompile, disassemble or otherwise reverse engineer the Services or any portion thereof, or otherwise attempt to derive the source code or other trade secrets embodied in the Services;
5. Interfere with another user’s artwork or content;
6. Remove any copyright, trademark or other proprietary rights notices contained in or on the Services or any artwork or content other than your own artwork or content;
7. Upload, post, email, transmit or otherwise make available any artwork or content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or other proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
8. Sell artwork or submit content, titles, tags, or descriptions that infringe on a third party’s copyright, trademark, right of publicity, or other intellectual property rights.
9. Sell artwork or submit content with inaccurate, deceptive, inappropriate, or offensive titles, tags, or descriptions;
10. Stalk, harass or harm another person via use of the Services;
11. Impersonate any person or entity, including, but not limited to, our employees, representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity;
12. Harvest or otherwise collect information about other users of the Services, including email addresses, without their express written consent;
13. Upload, post, email, transmit or otherwise make available through the Services any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
14. Use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission;
15. Distribute viruses or any other technologies that may harm us or the interests or property of our users, or upload, post, email, transmit or otherwise make available through the Services any material that contains adware, malware, spyware, software viruses 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;
16. Interfere or attempt to interfere with the proper working of the Services or any activities conducted through them;
17. Bypass any measures we may use to prevent or restrict access to the Services; or
18. Circumvent or manipulate our payment process

RESOLUTION OF DISPUTES

Governing Law and Jurisdiction

These Terms are governed by Texas law and you agree to resolve any disputes in Travis County, Texas (except as set forth below).

These Terms will be governed by the laws of the State of Texas, without regard to conflict of law provisions. You and we expressly agree that any claim or dispute must be resolved exclusively by a state or federal court or arbitration located in Travis County, Texas, except as described in the Agreement to Arbitrate below or as otherwise mutually agreed by the parties.

Informal Resolution

It is our goal that the Services meet your expectations and provide excellent service. However, there may be instances when you feel that we have made a mistake or left you disappointed in some way. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your concern. Therefore, for any problem or dispute that you may have with us, you acknowledge and agree that you will, as an initial matter, email us at admin@shirtwascash.com to describe to us the nature of your complaint or dissatisfaction. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within thirty (30) days after our receipt of your written description of it, you agree to the further dispute resolution provisions below. To the extent permitted by applicable law, the informal resolution process described in this paragraph is a precondition to pursuing any other process, so please do not forget to contact us first.

Mutual Agreement to Arbitrate

PLEASE READ THIS AGREEMENT TO ARBITRATE CAREFULLY TO UNDERSTAND YOUR RIGHTS. BY ELECTING ARBITRATION, YOU AND WE AGREE TO ARBITRATE ANY CLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, UNLESS YOU OPT-OUT. YOU AND WE AGREE THAT ALL SUCH CLAIMS WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A PROPOSED CLASS ACTION. WHETHER OR NOT YOU OPT-OUT, HOWEVER, YOU ARE GIVING UP A RIGHT TO A TRIAL BY JURY. YOU AND WE UNDERSTAND THAT DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION.

THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, LOCAL, OR OTHER COURT OR AGENCY, WILL HAVE THE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THESE TERMS AND THIS AGREEMENT TO ARBITRATE, INCLUDING BUT NOT LIMITED TO, ANY CLAIM THAT ALL OR ANY PART OF THESE TERMS OR THIS AGREEMENT TO ARBITRATE IS VOID OR VOIDABLE.

You and we agree that, except as expressly set forth below, the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Services and these Terms or to any products or services sold or distributed by us or through the Services, will be final and binding arbitration, except to the extent that either party has, in any manner, infringed upon or violated, or threatened to infringe upon or violate, the rights of either party or any third party’s patent, copyright, trademark, trade secret, privacy or publicity rights or is seeking to vindicate public rights, in which case both sides acknowledge that arbitration is not an adequate remedy and that injunctive or other appropriate relief may be sought by either party and/or the applicable third party(ies) on an individual basis in a court located in Travis County, Texas. You and we acknowledge that this Agreement to Arbitrate affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under this Agreement to Arbitrate (despite any other choice of law provision). As a limited exception to this mutual Agreement to Arbitrate, you and we agree that either party may take claims to small claims court, if the claims qualify for hearing by such court.

US Claims

For users in the United States, the arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at adr.org/consumer or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

Non-US Claims

For users outside of the United States, any controversy or claim arising out of or relating to these Terms, or the breach thereof, will be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Expedited Procedures (“ICDR Expedited Procedures”). The arbitration will be decided by a sole arbitrator appointed in accordance with the ICDR Expedited Procedures. The ICDR’s rules are available at https://www.icdr.org.

If you are from the European Union (“EU”) and purchased products, the EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

Means and Fees

In the interest of efficiency and fairness, you and we agree that the arbitration proceeding will be based solely on written submissions, unless the arbitrator deems an oral hearing strictly necessary. Should the arbitrator deem an oral hearing to be necessary, such hearing will be conducted via telephone or other electronic or technical means, or if that’s not possible, in person in the jurisdiction where you reside or at another mutually agreed upon location. The language of the arbitration will be English or, for users who reside outside of the U.S., the official language of your jurisdiction. The arbitrator’s award will be final and binding, and judgment may be entered upon it by any court having jurisdiction thereof. Each party will have the right to use legal counsel in connection with arbitration at its own expense. If you initiate arbitration, we will reimburse you for filing, administration and arbitrator fees for claims totaling less than USD $10,000, unless the arbitrator determines the claims are frivolous. We are not responsible for reimbursing you for costs incurred by you for legal counsel, travel or other out-of-pocket costs or expenses. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

Right to Opt-Out

YOU HAVE A RIGHT TO OPT-OUT OF THIS AGREEMENT TO ARBITRATE by sending an email to admin@shirtwascash.com. Such opt-out must be given within thirty (30) days of making your Account on the Services or if we make any changes to this Agreement to Arbitrate which alter your rights, within thirty (30) days after the effective date of such revision to this Agreement to Arbitrate. Any opt-out received after such deadline will be ineffective and this Agreement to Arbitrate will remain in full force and effect, except as expressly provided above. If you opt-out of this Agreement to Arbitrate, we also will not be bound by the terms of this Agreement to Arbitrate.

Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ARBITRATION PROCEEDINGS WILL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable with respect to any particular claim otherwise subject to arbitration, then that claim will not proceed in arbitration but rather will be resolved in a court of competent jurisdiction. If that occurs, however, this Agreement to Arbitrate and this CLASS ACTION WAIVER still will be fully enforceable as to all other claims, which must be resolved in arbitration on an individual basis.

Waiver of Trial by Judge or Jury

YOU AND WE AGREE AND UNDERSTAND THAT BY USING ARBITRATION TO RESOLVE DISPUTES YOU AND WE ARE GIVING UP ANY RIGHT THAT YOU OR WE MAY HAVE TO A JUDGE OR JURY TRIAL WITH REGARD TO ALL CLAIMS SUBJECT TO THIS AGREEMENT TO ARBITRATE. YOU AND WE FURTHER AGREE THAT ANY CLAIM HEARD IN A COURT OF COMPETENT JURISDICTION WILL BE HEARD BY A JUDGE INSTEAD OF A JURY, EXCEPT WHERE A JURY TRIAL WAIVER IS NOT PERMISSIBLE UNDER APPLICABLE LAW.

Limitation of Actions

You and we agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Services, or these Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.

GENERAL TERMS

If you thought the previous sections were a bit dense, just wait until this section. But our lawyers say we must include it, so here it is.

Waivers and Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST US WITH RESPECT TO ANY ACTIVITIES, ARTWORK, CONTENT, ACTIONS OR INACTIONS OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY ILLEGAL, DEFAMATORY, OFFENSIVE, OR UNAUTHORIZED CONDUCT BY ANY USERS.

THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH ALL FAULTS. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OR THAT THE SERVICES WILL BE ERROR FREE OR THAT ALL TRANSACTIONS WILL BE COMPLETED. THE OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. TO THE EXTENT LEGALLY PERMITTED, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES.

Release

You acknowledge that any agreement you make with another party through the Services is strictly between you and that party and we are not a party to that agreement. If you have a dispute with another party, you hereby release us (and our affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, liabilities, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with that dispute.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT AND WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF MONEY OR PROFITS, GOODWILL, DATA, ARTWORK, CONTENT OR REPUTATION, OR ANY PROPERTY DAMAGE OR PERSONAL INJURY WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST US ARISING OUT OF YOUR USE OF THE SERVICES.

REGARDLESS OF THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO $100.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE SCOPE AND DURATION OF OUR WARRANTIES AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

Indemnification

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from and against any and all claims, demands, liabilities, damages, losses, fines, and expenses (including but not limited to, reasonable attorneys’ fees and other professional fees and costs of investigation) arising from or in any way related to: (a) your artwork, content or use of the Services, including without limitation, your sale of any products; (b) your (or anyone using your account’s) breach of these Terms or any of our policies; or (c) your violation of any law or the rights of any third party, including without limitation, any intellectual property rights or privacy rights. You may not settle any claim in any manner that binds us without our express prior written consent. We may withhold any amounts due to you pending the resolution of any claim subject to this indemnity and may apply those amounts to the resolution of that claim.

Modifications

We reserve the right to monitor, modify or discontinue the Services, and to block, modify, publicly comment on, or delete any artwork, content or information submitted to the Services by any party, at any time without notice in our sole discretion; provided, however, that we have no obligation to update, store, maintain or correct any artwork, content or information on the Services.

We reserve the right, at any time and in our sole discretion, to change these Terms and the Privacy Policy, in whole or in part, by notifying you as described in the Notices provision below. You are responsible for reviewing and complying with these Terms and the Privacy Policy), in effect at the time you use the Services. You acknowledge that you will be bound by the revised Terms, as of their effective date set forth therein, and your continued use of the Services constitutes acceptance of them.

Notices

Legal notices will be provided to you at your email address. Email notices will be deemed given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid.

California Residents

Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Data Transfer

By accessing or using the Services, or submitting information, you acknowledge that you accept the practices and policies outlined in these Terms and consent to having your data transferred to and processed in the United States, in accordance with our Privacy Policy and applicable law. If you do not agree to these Terms, please do not use the Services. We control and operate the Services from the United States. We do not represent or warrant that the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.

Force Majeure

We will be excused from performance under these Terms, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond our reasonable control. In the event that we are temporarily unable to ship to you a purchased item because of such an event, we will give you the option of deferring shipment or receiving a refund of your charges.

Miscellaneous

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck and the remaining provisions will be enforced. You may not assign or transfer your rights or obligations under these Terms. Any purported transfer or assignment in violation of the foregoing will be invalid. We may assign these Terms and our rights and obligations under them upon notice to you in accordance with the Notices provision. Headings are for reference purposes only and do not limit the scope or extent of any provision. Our failure or delay to exercise or enforce any right or provision of these Terms or any rights under applicable law will not constitute a waiver of any of those provisions or rights.

These Terms, set forth the entire understanding and agreement between you and us with respect to the subject matter these Terms.

HOW TO CONTACT US

If you have any questions or comments about these Terms or the Services, please contact us by email at admin@shirtwascash.com.