www.tshirtelephant.com (T-Shirt Elephant or “we”) provides a platform via its website and apps (the “site”) to a community of registered and unregistered users (“customers”, “clients”, “users” or “you”) to upload artwork, photos and other visual content (“visual content”) and have their artwork screen printed, direct to garment printed, vinyl heat pressed, embroidered (“printed”) on a wide and growing selection of products.
We provide custom printed apparel and products. We will develop expand our collection and features in the future.
By using T-Shirt Elephant, you agree to all the terms below.
T-Shirt Elephant reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, T-Shirt Elephant will notify you by posting an announcement on the site. What constitutes a material change will be determined at T-Shirt Elephant’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any Service or viewing any Visual Content shall constitute your acceptance of the Terms as modified.
In addition, when using particular features of the Services, you shall be subject to any posted guidelines or rules applicable to such Services.
Your access to and use of the Site and our Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of T-Shirt Elephant. T-Shirt Elephant reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Visual Content at any time at its sole discretion and without prior notice. T-Shirt Elephant may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your Visual Content and you are directed to retain your own copies of all Visual Content posted on the Site.
If these terms change, we will notify you. As well, at times things can go wrong and the service may be interrupted. It’s unlikely, but sometimes things can go really wrong.
As a condition to using Services, you are able to open an account with T-Shirt Elephant and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your access to the Services, by either terminating your email access or your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your T-Shirt Elephant account.
Services are available to authorized representatives of legal entities and to individuals who are either at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor.
To fully take advantage of the services, you need to create your own account, without violating other people’s rights.
All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not T-Shirt Elephant are entirely responsible for all Content that you post, or otherwise submit to the Site. T-Shirt Elephant does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by T-Shirt Elephant. By way of example, and not as a limitation, you agree not to use the Services:
You are solely responsible for your interactions with other users of the Site. T-Shirt Elephant reserves the right, but has no obligation, to monitor disputes between you and other users.
You cannot use our site to post pornographic material, harass people, send spam, and do other crazy stuff. Be reasonable and responsible and you'll be fine.
Please read this section carefully before posting, uploading, or otherwise submitting any Visual Content to the Site. By submitting content to the Site you are granting T-Shirt Elephant a worldwide, non-exclusive license to use the Visual Content and are representing and warranting to T-Shirt Elephant that the Visual Content is either owned or you are authorized to represent or distribute the Visual Content, and that T-Shirt Elephant is free to publish, distribute and use the Visual Content as provided in these Terms without obtaining permission, consent or any license from any third party.
In consideration of T-Shirt Elephant’s agreement to allow you to use the Services, you agree with T-Shirt Elephant as follows:
Your photos and designs will preserve whatever copyright they had before uploading to this site. We will protect the copyright and we will not sell your photos or designs without your permission.
T-Shirt Elephant respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content uploaded to the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. T-Shirt Elephant will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.
To notify T-Shirt Elephant of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of email@example.com and include in your notice a detailed description of the alleged Infringement sufficient to enable T-Shirt Elephant to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide T-Shirt Elephant with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at firstname.lastname@example.org. You must include in your counter notice sufficient information to enable T-Shirt Elephant to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
Digital Millennium Copyright Act - Notification of Alleged Copyright Infringement
T-Shirt Elephant reserves the right to remove any Visual Content or Communications that allegedly infringes another person’s copyright. T-Shirt Elephant will terminate, in appropriate circumstances, Users who are repeat infringers of another person’s copyright. Notices to T-Shirt Elephant regarding any alleged copyright infringement should be directed to T-Shirt Elephant via email at: email@example.com.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
We respect copyright. If anything is wrong, please send an email with all the details to firstname.lastname@example.org.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because T-Shirt Elephant has no control over such sites and resources, you acknowledge and agree that T-Shirt Elephant is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that T-Shirt Elephant shall 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 such content, goods or services available on or through any such site or resource.
Some people may post links; we are not responsible for those links
You hereby expressly and irrevocably release and forever discharge T-Shirt Elephant, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless T-Shirt Elephant, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or T-Shirt Elephant Username and password, (iv) the sale or use of your Images, or (v) any violation of any rights of a third party.
We are not liable if something goes really wrong. Always have a backup of your designs or images.
T-Shirt Elephant, tshirtelephant.com and other T-Shirt Elephant graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of T-Shirt Elephant. T-Shirt Elephant’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of T-Shirt Elephant. The images and icons available in the T-Shirt Elephant icon pack may used by partners and third party sites in connection with providing appropriate links to the T-Shirt Elephant Site.
Please respect our trademarks and brands.
T-Shirt Elephant may terminate or suspend any and all Services and/or your T-Shirt Elephant account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your T-Shirt Elephant account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to remove all Visual Content from your account prior to termination. Upon termination of your account T-Shirt Elephant will automatically remove all Visual Content posted to your account.
We may stop providing services at any time. You can also stop using your account or close your account at any time.
YOU USE THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. T-SHIRT ELEPHANT EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. T-SHIRT ELEPHANT DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SITE OR THE SERVICES, (E) YOUR USE OF THE SITE OR THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES.
We provide this platform as a service “as is”; you use it at your own risk. We are not responsible for any damages, loss or injury.
EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER T-SHIRT ELEPHANT NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. T-SHIRT ELEPHANT SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, T-SHIRT ELEPHANT’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
YOU AND T-SHIRT ELEPHANT AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF T-SHIRT ELEPHANT AND ALL PARTIES TO ANY SUCH PROCEEDING.
If there are incidental damages, we are still not responsible, but sometimes we may offer a small compensation.
Any quotes not accepted after 30 days are subject to review. T-Shirt Elephant has the right to change their prices at anytime without notice.
Some users may request a proof and proofs will be provided on an “as decided by employees of T-Shirt Elephant” basis. If proofs are not verified in 36 hours, the order will be deemed correct and will be processed as is. This includes online confirmation of the order after placing an order. If there is no contact for 36 hours after an order is placed it is assumed that the user has seen the order confirmation and agrees to the order as shown. When the order is shipped under these conditions the order is considered acceptable and fulfilled. If there are other claims regarding an order must be made within 5 days of order receipt. No exchanges, refunds, replacements, or other compensation will be offered after 5 days of order receipt. Due to the variation of laundering conditions and detergents, T-Shirt Elephant does not guarantee any garment or product against fading, shrinking, or warping of any kind.
Delays in proofing, courier delivery and other uncontrollable events can occur. No order is considered placed until we have received all related order information and confirmation of payment, along with artwork. Once an order is placed, it cannot be modified. All orders are deemed fulfilled within 3% of order quantity, and billed accordingly.
T-Shirt Elephant reserves the right to refuse or cancel orders at our sole discretion. If the user decides to cancel an order T-Shirt Elephant is entitled to a full reimbursement for any work already completed as well as penalties and restocking fees. This will be taken from any payment made in advance of completion of the order.
Also, underruns are not to exceed 3% of quantities ordered (or another percentage as agreed upon). Any orders that fall within the agreed upon underrun margin are considered acceptable and fulfilled.
All orders are considered bulk packaged unless otherwise noted. T-Shirt Elephant reserves the right to charge an agreed upon rate for individual folding, tagging, bagging, sorting, etc. if requested by the customer.
You have 36 hours to decline or suggest changes to a proof (if provided) or else we will print it as shown. You are responsible for any costs incurred for canceled orders. You have 5 days to air any grievances with an order - but if it is due to laundering then that’s on you.
Also, if you want us to sort and pack your stuff in a specific manner then you will have to pay for it. We can also change our prices at any time (this won’t affect orders already processed).
Because of the nature of the equipment used, garments, inks, and other reasonable conditions defined by T-Shirt Elephant as having an effect on colour variation, a reasonable variation in colour between proofs (& order confirmations) and a completed job are considered acceptable and fulfilled.
Also, due to batch processing of knitted goods when they are dyed, T-Shirt Elephant cannot guarantee the consistency of colour on garments from dye lot to dye lot, or from one order to the next.
Production times are estimates. T-Shirt Elephant is not responsible for any losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of early or late shipments.
Production schedules will be agreed upon and adhered to by customers and T-Shirt Elephant, provided that neither shall incur any liability or penalty due to state of war, riot, civil disorder, fire, strikes, accidents, action of Government or civil authority and acts of God or other causes beyond the control of either party.
Before an order can begin production it must be paid in full unless agreed upon in advance. Orders not paid in full will not be considered “in production”. Production time is considered to begin after an order is paid, and when ALL materials (if they are being supplied by the client/customer) are on premises accounted for by T-Shirt Elephant.
We will do what we can to ensure your art is print ready which means at times we will have to clean up or fix artwork. Providing artwork that is not print ready (low quality, needing adjustments, etc) may cause delays in production and the Estimated Delivery date for the order will begin after T-Shirt Elephant has fixed the artwork and made it print ready.
We will keep to our production schedules unless there is an earthquake or some other disaster. We do not have to start the production clock until the money and/or items being supplied by customers are in our hands.
Title for finished work shall pass to the customer upon delivery to carrier at shipping point or upon mailing of invoices for finished work, whichever occurs first. Although couriers and Postal Services are reliable, they do make mistakes, therefore, we cannot be held responsible for late arriving shipments, we can only guarantee that the order has left our premises on time.
We will ship out on time, but if the mail does not get delivered after we ship it out then that is not our fault.
Availability of merchandise is subject to change or discontinuance without notice. All information provided by suppliers to T-Shirt Elephant is deemed reliable, but without any guarantee from T-Shirt Elephant. T-Shirt Elephant has no responsibility for a supplier's inability to supply merchandise.
While we attempt to show colours of garments on our website accurately, you recognize that the actual colour of any merchandise may differ from that shown on our website due to the nature of a garment’s manufacturing process. This may include, but is not limited to: variations in colour (due to dye lots) and sizing.
Any apparel represented on the website may look different in real life.
The Terms shall be governed and construed in accordance with the laws of the Province of Ontario, as if made within Ontario between two residents thereof, The United Nations Convention on the International Sale of Goods shall not apply and is expressly excluded.
INDEMNIFICATION OF T-SHIRT ELEPHANT
You agree to defend, indemnify and hold T-Shirt Elephant and its affiliates, partners, sponsors, and respective directors, officers and employees of each, harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these terms or use by you or any other third party of the services. T-Shirt Elephant reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
These terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof. Any rule of construction stating that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. If one or more of the provisions herein shall be held invalid, illegal or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired. Any inconsistency between these Terms in English and these Terms in any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered to be a waiver of any prior, subsequent or other default or breach.
We are not liable if things go really wrong. Things can happen — we are not responsible.