OhShirtYeah Terms of Service
OhShirtYeah’s service (the “OhShirtYeah Service”) is located at OhShirtYeah.com and is operated by ESEF, Inc. and its subsidiaries (collectively, “OhShirtYeah”). The OhShirtYeah 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 OhShirtYeah 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 OhShirtYeah of any unauthorized use of your password or account or any other breach of security.
Please remember that OhShirtYeah 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. OhShirtYeah also has no control over the content made available through any Social Networking Service. Please review their policies to understand their content-related practices. OhShirtYeah does not have any liability or responsibility for the acts or omissions of any of the Social Networking Services accessed through the OhShirtYeah Service. OhShirtYeah 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 OhShirtYeah 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 OhShirtYeah Service only with the approval of your parent or guardian.
Applicable Laws: In connection with your use of the OhShirtYeah 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 OhShirtYeah in connection with your use of the OhShirtYeah Service. OhShirtYeah may establish general practices and limits concerning use of the OhShirtYeah Service. OhShirtYeah 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 OhShirtYeah Campaigns
The OhShirtYeah Service allows sellers to create campaigns and sell custom merchandise and apparel through those campaigns. Following are specific obligations concerning the initiation of any campaign. To the extent any campaign violates these Terms of Service, we may choose to terminate, delay or modify the campaign in our discretion. For additional information about the OhShirtYeah Service, please refer to OhShirtYeah’s Frequently Asked Questions portal.
Your Right to Conduct a Campaign: By creating a campaign through the OhShirtYeah 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 campaign (“Campaign Rights”), including any rights relating to the name, description, images, text or URL used for the campaign. You will provide OhShirtYeah with evidence of your Campaign Rights upon request.
OhShirtYeah does not claim any ownership rights in the content you upload to the OhShirtYeah Service. Please be sure you maintain copies of all of your work. OhShirtYeah has no responsibility or liability for the deletion or failure to store any content or information uploaded to the OhShirtYeah Service.
OhShirtYeah retains all ownership rights in any designs created by OhShirtYeah designers and may not be used by you, other than in connection with your campaigns on the OhShirtYeah Service, without OhShirtYeah’s express written consent.
For the purpose of implementing and fulfilling your campaign and for the purpose of advertising the OhShirtYeah Service in any medium OhShirtYeah chooses, you hereby grant OhShirtYeah a nonexclusive, worldwide, fully paid up, transferable, sublicensable license under your Campaign Rights to copy, display, distribute, modify the content you upload to the OhShirtYeah Service (including all related images, text, content and information).
Acceptable Use; Indemnity: Your use of the OhShirtYeah Service, including the creation and implementation of product campaigns, is subject to these Terms of Service (including our Acceptable Use Policy). To the extent any campaign 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 OhShirtYeah has the right to withhold and redirect any funds collected relating to the campaign, which funds will be disbursed based on OhShirtYeah’s internal policies (for example, OhShirtYeah may give the funds to a charity where a campaign falsely states it is raising funds for that charity, or OhShirtYeah may apply such funds to any judgment or settlement, and/or the reimbursement of OhShirtYeah’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 OhShirtYeah in such activities. Without limiting the foregoing, you also agree to indemnify and hold OhShirtYeah 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 campaign must meet reasonable production standards (e.g. a campaign 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 OhShirtYeah Service, must be accurate and correct and must not include any content concerning non-OhShirtYeah activities, events, products, services or promotions.
Proceeds from Campaign: If you create a campaign through the OhShirtYeah Service, you will be given a “base price” from OhShirtYeah for each product. You will also have the opportunity to set the sale price for each product. Once your campaign 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 OhShirtYeah Service. Prior to receiving your payout, you may be required to provide additional information to OhShirtYeah as needed by OhShirtYeah to comply with its reporting obligations.
Partnership Disputes: If you work with other people on your campaign, and there is a dispute between you and your partners, even though OhShirtYeah receives notice of the dispute, OhShirtYeah is entitled to make payouts and otherwise correspond with the original registrant. Alternatively, OhShirtYeah may withhold payouts until the dispute is resolved, in OhShirtYeah’s sole discretion.
Charities/Fundraising: You represent and warrant that any campaign 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 campaign description clearly and accurately states the percentage of proceeds that will be donated and to whom those proceeds will be donated.
OhShirtYeah Right to Lower Sales Goal: You will be able to set the “sales goal” for each campaign. You agree that OhShirtYeah may, in its sole discretion, begin to fulfill orders before your sales goal is met.
Intellectual Property Complaints
OhShirtYeah takes any allegations of infringement seriously. If OhShirtYeah receives any complaint or allegation that your campaign or any resulting merchandise constitutes an unauthorized use of a third party’s rights, you understand that OhShirtYeah may terminate or delay your campaign, in its sole discretion. In addition, you understand that OhShirtYeah may release your contact information to any third party that satisfactorily alleges a violation of its rights.
OhShirtYeah 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 OhShirtYeah user has infringed upon your rights, please notify OhShirtYeah. 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 OhShirtYeah campaign(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: OhShirtYeah has adopted a policy of terminating, in appropriate circumstances and at OhShirtYeah’s sole discretion, users who are deemed to be repeat infringers. OhShirtYeah may also at its sole discretion limit access to the OhShirtYeah 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 OhShirtYeah Service, you will be required to provide OhShirtYeah information regarding your credit card or other payment instrument. You represent and warrant to OhShirtYeah 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.
Returns: You acknowledge and agree that goods produced by us for you are bespoke, custom-made goods. Other than where goods are faulty, you have no right to cancel any order or return any goods and all orders are final.
OhShirtYeah’s Proprietary Rights
Service Content, Software and Trademarks: You are only authorized to use the OhShirtYeah Service for the purpose of engaging in business transactions with OhShirtYeah. You may not use any automated technology to scrape, mine or gather any information from the OhShirtYeah Service or otherwise access the pages of the OhShirtYeah Service for any unauthorized purpose. If you are blocked by OhShirtYeah from accessing the OhShirtYeah 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 OhShirtYeah Service or distributed in connection therewith are the property of OhShirtYeah, 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 OhShirtYeah 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 OhShirtYeah, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the OhShirtYeah Service or the Service Content, in whole or in part. Any use of the OhShirtYeah Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by OhShirtYeah.
The OhShirtYeah name and logos are trademarks and service marks of OhShirtYeah (collectively the “OhShirtYeah Trademarks”). Other company, product and service names and logos used and displayed via the OhShirtYeah Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to OhShirtYeah. Nothing in these Terms of Service or the OhShirtYeah Service should be construed as granting any license or right to use any of OhShirtYeah Trademarks displayed on the OhShirtYeah Service, without our prior written permission in each instance. All goodwill generated from the use of OhShirtYeah Trademarks will inure to OhShirtYeah’s exclusive benefit.
Third Party Material: Under no circumstances will OhShirtYeah 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.
OhShirtYeah 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 OhShirtYeah, its users or the public.
Third Party Websites
The OhShirtYeah Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. OhShirtYeah has no control over such sites and resources and OhShirtYeah is not responsible for and does not endorse such sites and resources. OhShirtYeah 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 OhShirtYeah Service are between you and the third party, and you agree that OhShirtYeah is not liable for any loss or claim that you may have against any such third party.
Disclaimer of Warranties
YOUR USE OF THE OHSHIRTYEAH SERVICE IS AT YOUR SOLE RISK. THE OHSHIRTYEAH 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, OHSHIRTYEAH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY CAMPAIGN, 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
OHSHIRTYEAH 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 OHSHIRTYEAH 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 OHSHIRTYEAH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID OHSHIRTYEAH OR OHSHIRTYEAH 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.
OhShirtYeah, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the OhShirtYeah Service and remove and discard any content within the OhShirtYeah Service, for any reason. Further, you agree that OhShirtYeah will not be liable to you or any third party for any termination of your access to the OhShirtYeah 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 OhShirtYeah in any way and will not attempt to do so or imply that you have the right to do so.
For users located in the European Union: These Terms of Service will be governed by the laws of the United Kingdom, without regard to its conflict of law provisions. With respect to any disputes, you and OhShirtYeah agree to submit to the personal and exclusive jurisdiction of the courts located in London, England. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.
For all other users: These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes, you and OhShirtYeah agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.
These Terms of Service constitute the entire agreement between you and OhShirtYeah and govern your use of the OhShirtYeah Service, superseding any prior agreements between you and OhShirtYeah with respect to the OhShirtYeah Service. The failure of OhShirtYeah 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 OhShirtYeah, but OhShirtYeah 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. OhShirtYeah 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 OhShirtYeah Service.
Notice for Users in California
Under California Civil Code Section 1789.3, users of the Service from California 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, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Questions? Concerns? Suggestions?
Please contact us with any questions regarding these Terms of Service or the OhShirtYeah Service.
Updated on June 15, 2017