TERMS AND CONDITIONS
LAST MODIFIED:12/28/20
Use of the Darko Dayzo Printing MFG LLC/ShirtPop Web Site constitutes acceptance of these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Web Site.
Shirtpop.com, ShirtPop, Darko Printshop, and Darko are pending Trademarks of Darko Dayzo Printing MFG LLC.
Darko Dayzo Printing MFG LLC/ShirtPop reserves the right to add, delete and/or modify any of the terms contained in this Terms of Use, at any time and in its sole discretion, by posting a new agreement on the Darko Dayzo Printing MFG LLC/ShirtPop Web Site. If any modification is unacceptable to you, your only recourse is to not use the Web Site and the Web Site Service. Your continued use of the Web Site following posting of a new Terms of Use on the Darko Dayzo Printing MFG LLC/ShirtPop Web Site will constitute binding acceptance of the changes.
1) ACCEPTANCE OF TERMS OF SALE
Your purchase of Darko Dayzo Printing MFG LLC/ShirtPop (“Darko Printshop,” “ShirtPop”) Products is subject to these Terms and Conditions of Online Sales (“Terms”). By submitting an order for Products and making a purchase through our site located at shirtpop.com (“Web Site”), you acknowledge that you have read this document and agree to be bound by its terms and the Terms of Use (“Terms of Use”).
These Terms are not meant to contradict, violate or run contrary to any portion of the Terms of Use which governs your use of Darko Dayzo Printing MFG LLC/ShirtPop services, Products and your use of the Web Site. If any portion of the Terms is found to contradict, violate or run contrary to the Terms of Use, the Terms of Use will govern and will be the binding document with regards to that portion.
The Terms is meant to provide general information regarding policies surrounding purchases from the Darko Dayzo Printing MFG LLC/ShirtPop Web Site. The Terms of Use is hereby incorporated by reference into this document and thus by agreeing to comply with the Terms you again agree to comply with the Terms of Use.
USE OF THE WEB SITE SERVICE AND PRODUCTS.
1.1 Eligibility. Darko Dayzo Printing MFG LLC/ShirtPop will only knowingly provide the Web Site Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Web Site Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. The Web Site Service is not intended for children under the age of 13.
Darko Dayzo Printing MFG LLC/ShirtPop reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Web Site. If Darko Dayzo Printing MFG LLC/ShirtPop determines, in its sole and absolute discretion, that you or another Darko Dayzo Printing MFG LLC/ShirtPop user have breached or anticipate your breach of a term of these Terms of Use or that such transaction or communication is inappropriate, Darko Dayzo Printing MFG LLC/ShirtPop may cancel such transaction or take any other action to restrict access to or the availability of any material that we may consider objectionable, without any liability to you or any third party.
1.2 Compliance with Terms of Use and Applicable Law. You must comply with all of the terms and conditions of these Terms of Use, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Web Site Service and the Web Site.
1.3 Your License to Use the Web Site and the Web Site Service.
(a) Darko Dayzo Printing MFG LLC/ShirtPop solely and exclusively owns all intellectual property and other rights, title and interest in and to the Web Site Service and Web Site, except as expressly provided for in these Terms of Use. The name ShirtPop, the ShirtPoplogo and all related logos, names, product and service names, designs and slogans are trademarks of the Company or its affiliates and licensors. You may not use such marks without the prior written permission of Darko Dayzo Printing MFG LLC/ShirtPop and you will not acquire any right, title or interest in such marks under these Terms of Use or otherwise.
(b) Darko Dayzo Printing MFG LLC/ShirtPop grants you a limited revocable license to access and use the Web Site and the Web Site Service for its intended purposes, subject to your compliance with these Terms of Use. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by Darko Dayzo Printing MFG LLC/ShirtPop; to compete with Darko Dayzo Printing MFG LLC/ShirtPop; create derivative works based on the content of the Web Site; or download or copy the Web Site (other than page caching). If you use the Web Site in a manner that exceeds the scope of this license or breach this Terms of Use, Darko Dayzo Printing MFG LLC/ShirtPop may revoke the license granted to you AND PURSUE ANY OTHER LEGAL COURSE OF ACTION PERMITTED UNDER APPLICABLE STATE OR FEDERAL LAW.
(c) This Section 1.3 does not pertain to your intellectual property rights. For information regarding your intellectual property rights, please see Section 6 below.
1.4 Modification of the Service. Darko Dayzo Printing MFG LLC/ShirtPop may modify the Web Site Service at any time with or without notice to you and will incur no liability for doing so
2) CONTENT OF YOUR PURCHASE
The primary value of the Web Site is the ability for users and potential purchasers ("Users") to create t-shirts, apparel, and other merchandise(collectively, the “Products”) with any content they choose. This is done exclusively by means of online interaction between the Users and the Web Site.
As such, you agree that no Darko Dayzo Printing MFG LLC/ShirtPop employee, employer, officer, owner, agent or authorized representative is responsible for monitoring the content of the Products created by Users, neither while on the Web Site, nor after purchase and during the production process.
You agree that Products purchased will not be checked for content, spelling errors, grammatical errors, logical errors, aesthetic quality, color matching or any other factor that is within the User's Control through the use of the Web Site. You, as a User, have many opportunities during the purchasing process to check your purchase for layout and content and agree that you have done so.
"Control" refers to any part of a Product that is editable by the User. Including but not limited to: color, font size, font type, font style, font color, position of text, position of graphics, color of graphics, quantity of text, quantity of graphics, spelling of text, use of text, size of graphics, justification of graphics, justification of images, or color of the background.
While Darko Dayzo Printing MFG LLC/ShirtPop does not review the content of any of your Products, you still agree to be bound by the restrictions as laid out in the Terms of Use, and should it come to the attention of Darko Dayzo Printing MFG LLC/ShirtPop that you have violated the Terms of Use or these Terms, you agree that Darko Dayzo Printing MFG LLC/ShirtPop will send you notice of cancellation and your order will be canceled. You further agree that the purchase price of your ordered Products, less any cost incurred during the processing of your order and its cancellation, will be returned by signed check through the United States Postal Service, postmarked within 30 days of your receipt of notice of cancellation.
You also agree that the content of your Product does not contain any content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property, as provided in Section 4 and Section 9 of the Terms of Use.
All purchases through the Web Site or other transactions for the sale of services or products through the Web Site or as a result of visits made by you are governed by these Terms of Use.
3) COLOR MATCHING
Darko Dayzo Printing MFG LLC/ShirtPop sells its products through an E-Commerce Web Site viewable by computers connected to the Internet. These computers may view Darko Dayzo Printing MFG LLC/ShirtPop products solely through their computer screens ("Monitors"). Monitors may be configured to display images and colors in a variety of ways, both through the use of hardware setup and software setup. There are many possible settings for Monitors and there is no true uniform standard to which all Monitors conform. What may look one way on one monitor, will look different on another.
As such, you agree that Darko Dayzo Printing MFG LLC/ShirtPop does not guarantee that the colors as they appear on the screen will look the same as the colors as they appear on the purchased product. Darko Dayzo Printing MFG LLC/ShirtPop works hard to make the colors on the screen be as true as possible to the printed colors; however, the differences in Monitors and the differences between light and pigment make it impossible to guarantee matching colors for all Users.
4) MATERIALS
Darko Dayzo Printing MFG LLC/ShirtPop sells products made out of several different types of materials.
You agree that you have read these Terms, the Terms of Use and researched independently and that you know what each of these materials is and what you are buying. Darko Dayzo Printing MFG LLC/ShirtPop only guarantees that you will receive the materials advertised on the Web Site that you purchase. You agree that Darko Dayzo Printing MFG LLC/ShirtPop is not responsible for products received that are made of materials thought by the purchaser to be something other than advertised on the Web Site.
You agree that all products produced and sold by Darko Dayzo Printing MFG LLC/ShirtPop are for novelty purposes only. Darko Dayzo Printing MFG LLC/ShirtPop does not make any claims about the legal compliance of Products sold by Darko Dayzo Printing MFG LLC/ShirtPop. You agree to check with any applicable legal authority for the standards, rules and regulations governing the types of apparel or merchandise, or other products permitted for your particular use.
5) UPLOADED IMAGES
Darko Dayzo Printing MFG LLC/ShirtPop permits users to upload images onto their products through the Darko Dayzo Printing MFG LLC/ShirtPop Web Site. You agree that Darko Dayzo Printing MFG LLC/ShirtPop is not responsible for the quality of the images you upload. The Darko Dayzo Printing MFG LLC/ShirtPop Web Site attempts to make a "best guess" as to the best viewing distance of your image based on the internally stored DPI (Dots Per Inch) contained in the image file.
6) YOUR INTELLECTUAL PROPERTY
You own all intellectual property and other rights, title and interest in and to any content you upload to the Website. You are solely responsible for your Content, and we do not have, and will not acquire, any right, title or interest in or to your Content except as specifically detailed in this Agreement. By uploading any Content to the Website, you grant us a royalty-free, worldwide, transferable, exclusive, sub-licensable right and license to use your Content in all media, existing now or created in the future, as we deem necessary to fulfill your Product order. Our right to sublicense is limited to the use of third-parties to provide the Services, process your order, and/or produce and ship your Product.
You agree that you alone are responsible for making sure that the quality of the image you are uploading is of high enough quality to be satisfactory to you at the size you select on the sign or product that you are purchasing.
You agree that Darko Dayzo Printing MFG LLC/ShirtPop may refuse to print any artwork that does not meet the artwork specifications as outlined in the Terms. You agree that your artwork meets the acceptability standards as outlined here.
Images are created and stored in a variety of ways and you agree that Darko Dayzo Printing MFG LLC/ShirtPop is not responsible for ensuring quality images for any image file format available on the Web Site.
7) PRODUCTION TIME
Darko Dayzo Printing MFG LLC/ShirtPop works hard to ensure orders will be produced and arrive to our customers by their guaranteed delivery date. The "date of order" is the calendar date of order if the order is placed before 3 pm Mountain Time Monday-Friday and is considered placed on the next business day if the order is placed between 3pm and 11:59pm Mountatin Time or is placed on weekends or holidays.
You agree that Darko Dayzo Printing MFG LLC/ShirtPop will take at least 10 business days from approval to produce your order and that it may take longer than 10 business days as laid out in the Shipping Policy. The Shipping Policy is hereby incorporated by reference. Moreover, you agree that our shipping time frame may depend on your response time to our inquiries regarding your order. Title to your purchased goods shall pass to you at the time Darko Dayzo Printing MFG LLC/ShirtPop deposits such purchased goods with its designated shipper.
8) RETURN AND REFUND POLICY
Each Darko Dayzo Printing MFG LLC/ShirtPop Product is custom made we cannot offer a return unless:
(a) the Product does not match the order, or
(b) the Product is faulty.
If the Product(s) delivered do not match your order, please contact us via email (info@darkoprintshop.com) outlining the problem and we will arrange the return of the Products at issue. Please remember to include your original invoice number and the name your order was placed under. If the goods have a problem relating to the quality of the product such as a mis-print or a fault on garment, then a photograph as well as description of the problem should be emailed through to info@darkoprintshop.com for our customer services team to assess.
We cannot take any action on an order until the Products are returned to Darko Dayzo Printing MFG LLC/ShirtPop for inspection. Following the return of the Products a thorough assessment will take place following Darko Dayzo Printing MFG LLC/ShirtPop will make a determination as to the suitability of the Products returned.
If the problem relates to a production issue at Darko Dayzo Printing MFG LLC/ShirtPop, then a re-print of the goods may be offered to rectify the quality issue. Because every product is custom-made to your specifications, if the order has already been produced Darko Dayzo Printing MFG LLC/ShirtPop retains the right to solely offer a re-print when seeking to rectify any problem with Products.
A refund will be offered only if an order is cancelled prior to production being undertaken by Darko Dayzo Printing MFG LLC/ShirtPop, as Products are custom-made to User specifications and cannot be re-sold. If you need to cancel an order you should contact us at 505-344-4655 as soon as possible, or email info@darkoprintshop.com. Due to the short turnaround times we try to work to, your order may have already gone into production and will be subject to restocking fees of at least 20% of the total order, shipping, and other incurred costs to be paid solely by the User.
9) CHANGES TO YOUR ORDER
Darko Dayzo Printing MFG LLC/ShirtPop provides many opportunities to review, revise and cancel the order process before actually placing your order. Darko Dayzo Printing MFG LLC/ShirtPop is able to offer its products at the present prices due to the efficiency of allowing the customer to create and modify their own products.
You agree that Darko Dayzo Printing MFG LLC/ShirtPop is not responsible for reviewing, revising or canceling orders, products or images once an order has been placed. An Darko Dayzo Printing MFG LLC/ShirtPop employee, employer, officer, owner or authorized agent may revise or cancel an order but is not required or obligated to do so.
You agree that you have reviewed your order and that no further additions, corrections or changes need to be made and that your order is final as is.
10) DISPUTE RESOLUTION/WAIVER OF JURY TRIAL.
All disputes arising out of, relating to or connected with these Terms or your use of any part of the shirtpop.com Service will be exclusively resolved under confidential binding arbitration held in Bernalillo County, New Mexico before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying New Mexico law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Bernalillo County, New Mexico. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Texas State courts in Bernalillo County. By agreeing that arbitration is the exclusive remedy, you are waiving your right to sue Darko Dayzo Printing MFG LLC/ShirtPop in a court of law or have a jury resolve any dispute that arises out of, relates to or is connected with these Terms or your use of any part of the shirtpop.com Service. You understand that you are waiving your right to a jury trial voluntarily and knowingly, and free from duress or coercion. By entering into these Terms, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these Terms or your use of any part of the Website Service must be asserted individually. Notwithstanding anything to the contrary in this Section, Darko Dayzo Printing MFG LLC/ShirtPop may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
11. DISCLAIMERS AND EXCLUSIONS.
11.1 DISCLAIMER OF WARRANTIES. DARKO DAYZO PRINTING MFG, LLC/SHIRTPOP PROVIDES THE WEB SITE AND WEB SITE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. DARKO DAYZO PRINTING MFG LLC/SHIRTPOP DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, WEB SITE SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. DARKO DAYZO PRINTING MFG LLC/SHIRTPOP MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS OF USE, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
11.2 EXCLUSION OF DAMAGES. DARKO DAYZO PRINTING MFG LLC/SHIRTPOP WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEB SITE SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. LIMITATION OF LIABILITY.
EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TERMS OF USE OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TERMS OF USE, IN NO EVENT WILL THE LIABILITY OF DARKO DAYZO PRINTING MFG LLC/SHIRTPOP EXCEED THE VALUE OF SIGNS RECEIVED OR SERVICES RENDERED. THE VALUE OF SIGNS OR SERVICES ARE LIMITED TO THE STATED VALUE ON THE DARKO DAYZO PRINTING MFG LLC/SHIRTPOP WEB SITE OR AS STATED BY AN AUTHORIZED DARKO DAYZO PRINTING MFG LLC/SHIRTPOP AGENT.
