Terms of Service

Welcome to TeeWalt! Our services are provided to you subject to the following terms and conditions. By using TeeWalt, including any services, features, and content therein, you agree to these Terms of Service.

User Agreement

  1. Acceptance of Terms:
    • By using TeeWalt, you agree to be bound by this User Agreement, along with our Privacy Policy, Refund Policy, and any other policies mentioned herein.
    • Violation of this User Agreement may result in removal of your campaigns, forfeiture of profits, and potential account suspension or termination.
  2. Services Provided:
    • TeeWalt offers an automated Internet-based service for designing and selling custom products such as t-shirts and other merchandise.
  3. User Responsibilities:
    • As a user of TeeWalt, you are responsible for the content you create and share, including compliance with intellectual property laws.
    • You must ensure that your campaign descriptions, titles, and associated content do not infringe upon third-party rights.
    • Promoting hate, violence, racial intolerance, or financial exploitation of a crime is strictly prohibited.

Delivery Procedure

  • Estimated Delivery Times:
    • Delivery times are estimates only. TeeWalt will make commercially reasonable efforts to deliver merchandise on or before the stated delivery date.
    • Delays in shipment or delivery do not relieve you of your obligations under this Agreement.

Print Variance

  • Artwork Submission:
    • Products are produced based on the artwork you upload. The positioning and estimation of the artwork are determined by you.
    • Print size and location may vary based on product size. Color matching is based on the artwork provided.
    • TeeWalt reserves the right to substitute comparable products if necessary.

Price and Payment

  • Setting Prices:
    • As a seller, you determine the selling price of your merchandise.
    • TeeWalt retains a base price from customer payments to cover costs and expenses.
    • Any amount exceeding the base price, known as “Seller Profits,” will be remitted to you.

Intellectual Property Rights

  • Ownership and Licensing:
    • You must own or have the necessary licenses for all artwork, trademarks, and copyrights associated with your content.
    • You must provide evidence of such permissions if requested by TeeWalt.
  • Content Review and Removal:
    • TeeWalt reserves the right to review and remove content that violates intellectual property rights or promotes unacceptable content as outlined above.

Intellectual Property Complaint Policy

  • Content Monitoring:
    • TeeWalt uses automated systems and manual reviews to monitor user-generated content for potential intellectual property infringements.
    • If content is flagged as a potential violation, the campaign may be immediately removed.
  • Rights Protection:
    • TeeWalt is committed to respecting and protecting third-party intellectual property rights.
    • If we receive a notice of infringement that complies with our policies, we may cancel campaigns, forfeit profits, and suspend or terminate accounts involved in infringement.
  • Reporting Infringements:
    • If you believe your intellectual property rights have been infringed by a TeeWalt user, please notify us at [email protected] with the required details as outlined in our policy.

This concludes Part 1 of the TeeWalt Store Terms of Service. Part 2 will cover additional policies, including counter-notice procedures, repeat infringement policies, and other important terms related to the use of our services.

Counter-Notice Policy

If you believe that your content was mistakenly identified as infringing, you may file a counter-notice. It’s important to be aware that false claims can lead to legal consequences. Follow these steps if you need to file a counter-notice:

  1. Notification Requirements:
    • Provide a physical or electronic signature.
    • Your full name, address, telephone numbers, and email address.
    • Identification of the material and its location before removal.
    • A shout-out under penalty of perjury that the material was removed by mistake or misidentification.
    • Consent to jurisdiction of a federal court in the district where you reside, or where your service provider is located.
    • Consent to accept service of process from the party who submitted the takedown notice.
  2. Process Following Counter-Notice:
    • Upon receiving a valid counter-notice, TeeWalt may inform the complainant that the removed material may be replaced or access restored in 10 to 14 business days.

Repeat Intellectual Property Complaint Policy

TeeWalt maintains a policy for addressing repeat violations of intellectual property rights:

  1. Monitoring and Enforcement:
    • We track incidents of intellectual property infringement. Repeated infringement may lead to suspension or termination of your account.
    • TeeWalt reserves the right to terminate accounts that repeatedly violate intellectual property rights or breach the spirit of our Terms of Service.

Withholding and Tax Matters

  1. Withholding Obligations:
    • TeeWalt may withhold taxes under applicable laws. In such cases, we will deduct the appropriate taxes from the Seller Profits.
  2. Seller’s Tax Responsibilities:
    • You are responsible for all your tax liabilities arising from transactions under this Agreement.
    • You must indemnify TeeWalt for any tax obligations that arise due to your activities on our platform.

Indemnification

As a seller or user of TeeWalt, you agree to indemnify and hold harmless TeeWalt and its affiliates against any claims or liabilities arising from:

  1. Your Content:
    • Any content you submit or post on TeeWalt.
  2. Usage of Services:
    • Your use of TeeWalt’s website and services.
  3. Agreement Violations:
    • Any violation of this Agreement or the Terms of Service.
  4. Third-Party Rights:
    • Any infringement or violation of third-party rights by your actions.

This indemnification includes covering any legal costs and expenses that TeeWalt may incur.

Disclaimer of Warranties

  1. As-Is Service:
    • The TeeWalt service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
  2. Buyer’s Rights:
    • While we disclaim warranties, this does not limit a buyer’s right to return merchandise and obtain a refund as described in our Return Policy.

Limitation of Liability

  1. Scope of Liability:
    • TeeWalt will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses.
  2. Liability Cap:
    • Our total liability to you for all damages, losses, and causes of action will not exceed the amount you have paid TeeWalt in the last six months, or, if greater, one hundred dollars ($100).

Exploiting System Vulnerabilities

  1. Prohibition and Consequences:
    • TeeWalt reserves the right to address cases where individuals or organizations intentionally exploit system vulnerabilities. Such parties are responsible for rectifying any damages caused, including financial losses, system disruptions, and damages resulting from attacks like DDoS.

Miscellaneous Provisions

  1. Agreement Supremacy:
    • The terms of this Agreement prevail over any conflicting or additional terms in any purchase order or other document related to a campaign.
  2. Relationship of Parties:
    • Nothing in this Agreement creates any agency, partnership, or joint venture relationship between TeeWalt and the users.
  3. Entire Agreement:
    • This Agreement, along with the Terms of Service, constitutes the entire agreement between the parties regarding its subject matter.
  4. Assignment:
    • You may not assign your rights or delegate your obligations under this Agreement without TeeWalt’s prior written consent.
  5. Severability:
    • If any provision of this Agreement is found invalid or unenforceable, the remaining provisions will continue in full force and effect.
  6. Governing Law and Venue:
    • The Agreement is governed by the laws of the State of Florida. The parties consent to the jurisdiction of federal and state courts in Hillsborough County, Florida.
  7. Waiver of Jury Trial:
    • Both parties waive the right to a trial by jury for any legal action related to this Agreement or the Terms of Service.

Buyer Payments, Returns, Refunds, and Cancellation Policy

  1. Payment Methods:
    • Accepted payment methods include VISA, MASTER, AMERICAN EXPRESS, and PayPal.
  2. Time of Payment:
    • Buyers are charged at the time of placing their order.
  3. Time of Shipment:
    • Products are typically shipped within the estimated time frames, but delays can occur.
  4. Lost or Stolen Shipments:
    • TeeWalt is not liable for lost or stolen shipments. We advise checking with local postal services for international orders.
  5. Cancellations, Refunds, and Exchanges:
    • Due to the customized nature of our products, cancellations, exchanges, or refunds are generally not allowed except in cases of incorrect or defective products.

API Policy

  1. Usage of Chipcy API Applications:
    • All material and services provided through Chipcy API Applications are subject to these Terms of Service.
  2. Seller’s Agreement:
    • By using Chipcy API Applications, Sellers agree to comply with all terms and conditions set forth in this agreement.
  3. Liability for Lost or Stolen Shipments:
    • Sellers using Chipcy Applications assume the risk for domestic and international shipments. TeeWalt is not liable for lost or stolen shipments.
  4. Printing & Production:
    • Sellers are responsible for making sure that their merchandise does not infringe third-party intellectual property rights. TeeWalt is not responsible for printing issues resulting from Seller-provided artwork.

This concludes the TeeWalt Store Terms of Service. These terms govern your use of our services and set forth your rights and responsibilities as a user or seller on our platform. For any inquiries or clarifications regarding these terms, please contact us at [email protected]. We thank you for choosing TeeWalt and wish you a pleasant experience with our services.