Welcome to ‘Buy My Shirt’!
Buy My Shirt’s service (the “‘Buy My Shirt’ Service”) is located at Buy My Shirt.ca and is operated by Garage Rock Inc. and its subsidiaries (collectively, “Buy My Shirt”). The ‘Buy My Shirt’ Service provides sellers with the ability to create and sell custom merchandise and apparel and buyers with the ability to find high-quality, unique products.
Use of the ‘Buy My Shirt’ Service
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Please immediately notify ‘Buy My Shirt’ of any unauthorized use of your password or account or any other breach of security.
Please remember that ‘Buy My Shirt’ has no control over the way Social Networking Services use, store and disclose your information. Please review their policies to understand their privacy-related practices. ‘Buy My Shirt’ also has no control over the content made available through any Social Networking Service. Please review their policies to understand their content-related practices. ‘Buy My Shirt’ not have any liability or responsibility for the acts or omissions of any of the Social Networking Services accessed through the ‘Buy My Shirt’ Service. ‘Buy My Shirt’ enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Promotions: Any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the ‘Buy My Shirt’ Service may be governed by specific rules that are in addition to these Terms of Service. By participating in any Promotion, you will become subject to those rules. To the extent that the terms and conditions of the Promotion rules conflict with these Terms of Service, the terms and conditions of the Promotion will control.
Age Requirement: If you are under 13 years of age, you are not authorized to use the Service. If you are under 18 years old, you may use the ‘Buy My Shirt’ Service only with the approval of your parent or guardian.
Applicable Laws: In connection with your use of the ‘Buy My Shirt’ Service, you will comply with all applicable laws, regulations and industry standards.
General Practices and Instructions Regarding Use: You will comply with any instructions provided to you by ‘Buy My Shirt’ in connection with your use of the ‘Buy My Shirt’ Service. ‘Buy My Shirt’ may establish general practices and limits concerning use of the ‘Buy My Shirt’ Service. ‘Buy My Shirt’ reserves the right to change its instructions, general practices and limits at any time, in its sole discretion, with or without notice.
Sellers: Creation and Implementation of ‘Buy My Shirt’ store’s
The ‘Buy My Shirt’ Service allows sellers to create store’s and sell custom merchandise and apparel through those store’s. Following are specific obligations concerning the initiation of any store’s’. To the extent any store violates these Terms of Service, we may choose to terminate, delay or modify the store in our discretion. For additional information about the ‘Buy My Shirt’ Service, please refer to Buy My Shirt’s Frequently Asked Questions portal.
Your Right to Conduct a store: By creating a store through the ‘Buy My Shirt’ Service, you represent and warrant that you own or are the licensee of all trademark rights, copyrights, rights of publicity and other intellectual property or other proprietary rights necessary to create and conduct the store (“store Rights”), including any rights relating to the name, description, images, text or URL used for the store. You will provide ‘Buy My Shirt’ with evidence of your ‘store(s)’ Rights upon request.
‘Buy My Shirt’ does not claim any ownership rights in the content you upload to the ‘Buy My Shirt’ Service. Please be sure you maintain copies of all of your work. ‘Buy My Shirt’ has no responsibility or liability for the deletion or failure to store any content or information uploaded to the ‘Buy My Shirt’ Service.
‘Buy My Shirt’ retains all ownership rights in any designs created or revised by ‘Buy My Shirt’ designers and may not be used by you, other than in connection with your store’s on the ‘Buy My Shirt’ Service, without Buy My Shirt’s express written consent.
For the purpose of implementing and fulfilling your ‘store(s)’ and for the purpose of advertising the ‘Buy My Shirt’ Service in any medium ‘Buy My Shirt’ chooses, you hereby grant ‘Buy My Shirt’ a nonexclusive, worldwide, fully paid up, transferable, sublicensable license under your ‘store(s)’ Rights to copy, display, distribute, modify the content you upload to the ‘Buy My Shirt’ Service (including all related images, text, content and information).
Acceptable Use; Indemnity: Your use of the ‘Buy My Shirt’ Service, including the creation and implementation of product ‘store(s)’s, is subject to these Terms of Service (including our Acceptable Use Policy). To the extent any ‘store(s)’ violates or is alleged to violate our Acceptable Use Policy or any other part of these Terms of Service, in addition to any other remedies, you agree that ‘Buy My Shirt’ has the right to withhold and redirect any funds collected relating to the ‘store(s)’, which funds will be disbursed based on ‘Buy My Shirt’’s internal policies (for example, ‘Buy My Shirt’ may give the funds to a charity where a ‘store(s)’ falsely states it is raising funds for that charity, or ‘Buy My Shirt’ may apply such funds to any judgment or settlement, and/or the reimbursement of ‘Buy My Shirt’’s expenses, resulting from a third party’s claim of infringement) and to control the defense or settlement of any claim or suit resulting from any such violation or alleged violation; and you agree to fully cooperate with ‘Buy My Shirt’ in such activities. Without limiting the foregoing, you also agree to indemnify and hold ‘Buy My Shirt’ harmless from any and all liabilities, losses, damages and expenses arising out of your violation or any alleged violation of our Acceptable Use Policy or any other part of these Terms of Service.
Quality of Artwork and Promotions: Each ‘store(s)’ must meet reasonable production standards (e.g. a ‘store’ may not include a low quality image that will not print well). All of your advertisements or promotional descriptions, including content that is uploaded to the ‘Buy My Shirt’ Service, must be accurate and correct and must not include any content concerning non-’Buy My Shirt’ activities, events, products, services or promotions.
Proceeds from ‘store(s)’: If you create a ‘store(s)’ through the ‘Buy My Shirt’ Service, you will be given a “base price” from ‘Buy My Shirt’ for each product. You will also have the opportunity to set the sale price for each product. Once your ‘store(s)’ is launched and products are sold, you will earn the difference between the base price and your sale price, less returns. You may request payout through your dashboard at any time. You are solely and fully responsible for payment of any income taxes applicable to the amounts you earn through the ‘Buy My Shirt’ Service. Prior to receiving your payout, you may be required to provide additional information to ‘Buy My Shirt’ as needed by ‘Buy My Shirt’ to comply with its reporting obligations.
Partnership Disputes: If you work with other people on your ‘store(s)’, and there is a dispute between you and your partners, even though ‘Buy My Shirt’ receives notice of the dispute, ‘Buy My Shirt’ is entitled to make payouts and otherwise correspond with the original registrant. Alternatively, ‘Buy My Shirt’ may withhold payouts until the dispute is resolved, in Buy My Shirt’s sole discretion.
Charities/Fundraising: You represent and warrant that any ‘store(s)’ you create that implicitly or explicitly relates to a charity or fundraising effort is authorized by such charity or fundraising effort, and you will ensure that your ‘store(s)’ description clearly and accurately states the percentage of proceeds that will be donated and to whom those proceeds will be donated.
Intellectual Property Complaints
‘Buy My Shirt’ takes any allegations of infringement seriously. If ‘Buy My Shirt’ receives any complaint or allegation that your ‘store(s)’ or any resulting merchandise constitutes an unauthorized use of a third party’s rights, you understand that ‘Buy My Shirt’ may terminate or delay your ‘store(s)’, in its sole discretion. In addition, you understand that ‘Buy My Shirt’ may release your contact information to any third party that satisfactorily alleges a violation of its rights.
‘Buy My Shirt’ will consider complaints of possible infringement only from parties that own, or have the exclusive right to exploit, the applicable intellectual property. If you believe that a ‘Buy My Shirt’ user has infringed upon your rights, please notify ‘Buy My Shirt’ through our Intellectual Property Claim page. You may also contact us by mail at the address provided at the end of these Terms of Service, attention Legal Department.
You must include with your notification the following information.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that you allege is being infringed;
- The URL to the ‘Buy My Shirt’ ‘store(s)’ used in connection with the sale of the allegedly infringing merchandise;
- Identification of the copyright, trademark or other rights that allegedly have been infringed, including proof of ownership (such as copies of subsisting trademark or copyright registrations);
- Your full name, address, telephone number(s) and email address(es);
- A statement that you have a good-faith belief that use of the material in the URL submitted is unauthorized by the rights owner, or its licensee, and such use amounts to infringement under federal or state law; and
- A statement, under penalty of perjury, that the information in the notification is complete and accurate and that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.
Repeat Infringer Policy: ‘Buy My Shirt’ has adopted a policy of terminating, in appropriate circumstances and at Buy My Shirt’s sole discretion, users who are deemed to be repeat infringers. ‘Buy My Shirt’ may also at its sole discretion limit access to the ‘Buy My Shirt’ Service or terminate the memberships of any users who infringe or violate any intellectual property or other rights of others, whether or not there is any repeat infringement or violation.
Buyers: Purchasing of Merchandise
Payment: If you purchase any merchandise through the ‘Buy My Shirt’ Service, you will be required to provide ‘Buy My Shirt’ information regarding your credit card or other payment instrument. You represent and warrant to ‘Buy My Shirt’ that such information is true and that you are authorized to use the payment instrument. You will be responsible for all taxes associated with your purchase of merchandise through the Service.
Loss and Cancellation: Title and risk of loss for all merchandise ordered by you will pass to you on our delivery to the shipping carrier. We reserve the right to cancel any order for any merchandise for any reason.
Buy My Shirt’s Proprietary Rights
Service Content, Software and Trademarks: You are only authorized to use the ‘Buy My Shirt’ Service for the purpose of engaging in business transactions with ‘Buy My Shirt’. You may not use any automated technology to scrape, mine or gather any information from the ‘Buy My Shirt’ Service or otherwise access the pages of the ‘Buy My Shirt’ Service for any unauthorized purpose. If you are blocked by ‘Buy My Shirt’ from accessing the ‘Buy My Shirt’ Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). The technology and software underlying the ‘Buy My Shirt’ Service or distributed in connection therewith are the property of ‘Buy My Shirt’, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.
The ‘Buy My Shirt’ Service may contain images, artwork, fonts and other content or features (“Service Content”) that are protected by intellectual property rights and laws. Except as expressly authorized by ‘Buy My Shirt’, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the ‘Buy My Shirt’ Service or the Service Content, in whole or in part. Any use of the ‘Buy My Shirt’ Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by ‘Buy My Shirt’.
The ‘Buy My Shirt’ name and logos are trademarks and service marks of ‘Buy My Shirt’ (collectively the “‘Buy My Shirt’ Trademarks”). Other company, product and service names and logos used and displayed via the ‘Buy My Shirt’ Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to ‘Buy My Shirt’. Nothing in these Terms of Service or the ‘Buy My Shirt’ Service should be construed as granting any license or right to use any of ‘Buy My Shirt’ Trademarks displayed on the ‘Buy My Shirt’ Service, without our prior written permission in each instance. All goodwill generated from the use of ‘Buy My Shirt’ Trademarks will inure to Buy My Shirt’s exclusive benefit.
Third Party Material: Under no circumstances will ‘Buy My Shirt’ be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content or materials. To the maximum extent permitted under applicable law, the third party providers of such content and materials are express and intended third party beneficiaries of these Terms of Services with respect to their content and materials.
‘Buy My Shirt’ may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ‘Buy My Shirt’, its users or the public.
Third Party Websites
The ‘Buy My Shirt’ Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. ‘Buy My Shirt’ has no control over such sites and resources and ‘Buy My Shirt’ is not responsible for and does not endorse such sites and resources. ‘Buy My Shirt’ will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the ‘Buy My Shirt’ Service are between you and the third party, and you agree that ‘Buy My Shirt’ is not liable for any loss or claim that you may have against any such third party.
Disclaimer of Warranties
YOUR USE OF THE ‘BUY MY SHIRT’ SERVICE IS AT YOUR SOLE RISK. THE ‘BUY MY SHIRT’ SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING A BUYER’S RIGHT TO RETURN MERCHANDISE AND OBTAIN A REFUND TO THE EXTENT DESCRIBED IN OUR RETURN POLICY, ‘BUY MY SHIRT’ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY ‘STORE(S)’, MERCHANDISE OR SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
‘BUY MY SHIRT’ WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ‘BUY MY SHIRT’ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL ‘BUY MY SHIRT’’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID ‘BUY MY SHIRT’ OR ‘BUY MY SHIRT’ HAS PAID YOU IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
‘Buy My Shirt’, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the ‘Buy My Shirt’ Service and remove and discard any content within the ‘Buy My Shirt’ Service, for any reason. Further, you agree that ‘Buy My Shirt’ will not be liable to you or any third party for any termination of your access to the ‘Buy My Shirt’ Service.
Each party is an independent contractor in the performance of each and every part of these Terms of Service. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of its activities under these Terms of Service. You do not have the authority to commit ‘Buy My Shirt’ in any way and will not attempt to do so or imply that you have the right to do so.
These Terms of Service constitute the entire agreement between you and ‘Buy My Shirt’ and govern your use of the ‘Buy My Shirt’ Service, superseding any prior agreements between you and ‘Buy My Shirt’ with respect to the ‘Buy My Shirt’ Service. The failure of ‘Buy My Shirt’ to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of ‘Buy My Shirt’, but ‘Buy My Shirt’ may assign or transfer these Terms of Service, in whole or in part, without restriction. Notices to you may be made via either email or regular mail. ‘Buy My Shirt’ may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the ‘Buy My Shirt’ Service.
Questions? Concerns? Suggestions?
Please contact us at please contact us with any questions regarding these Terms of Service or the ‘Buy My Shirt’ Service.