Definitions and Interpretation
In these Term, unless the context indicates a contrary intention:
- Intellectual Property Rights means all industrial, commercial and intellectual property rights (including equivalent, neighboring or proximate rights anywhere in the world that currently exist or are recognized in the future).
- A person means any form of legal entity as well as any quasi-legal entity.
- A User means any person using the website and/or services provided
- A reference to any document, material, information or data includes that document, material, information and data howsoever stored, recorded or embodied, including in any electronic or digital media or otherwise.
- The word includes in any form is not a word of limitation.
San Diego Print House in General
Use of the Site and Services
(b) You may not
- interfere with the site and service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
- modify, copy, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the site and service;
- use a robot or other automated means to monitor the activity on or copy information or pages from the site and service, except search engines, traffic counters, or similar basic performance monitoring technology;
- impersonate another person or entity;
- use any meta tags, search terms, keywords, or similar tags that contain San Diego Print House's name or trademarks;
- engage in any activity that interferes with another user's ability to use or enjoy the site and service, including activity that places a disproportionate burden on the site and service compared to ordinary use from a single, ordinary user;
- assist or encourage any third party in engaging in any activity prohibited by this agreement; or
- use the site and service to promote hate speech, obscenity, or any content that violates San Diego Print House’s terms
(a) Users are and shall be wholly and exclusively responsible, at their own cost, for:
- all telecommunications lines, modems, communication controllers, routers, multiplexers, terminals and all other equipment, hardware and software necessary to access and use the Website and services;
- the use that it makes of the Website , including any article, material, literary or artistic work, design or other matter that they author, invent, create, develop or produce;
- complying with all laws, regulations and rules in the uses country or jurisdiction;
- complying with any recommendations or guidelines issued by San Diego Print House with respect to the use of the Website and/or services and
(b) Users shall not and have no right to either:
- reproduce, publish, distribute, sub-license and/or resell either the Website and/or service to any person; or
- use either the Website to supply any service to any person; or
- modify, adapt, disassemble, recompile and/or reverse engineer either the Website or service;
- access or use either the Website and/or service to create, author, design, manufacture, market, publish, transmit, broadcast, distribute or sell any article, product, material or other matter that either:use "Spam", "blast-faxes" or recorded telephone messages to market or sell any products or services,use, transfer or implant a virus, routine or any computer program or technology that disrupts, disables, interferes with or otherwise has a detrimental affect on the Website and/or the PIKIWAREÂ® Platform, take any action that imposes any unreasonable or disproportionately large load on the Website or the Service,
- infringes the rights of any person, including, without limitation, Intellectual Property Rights, trade secrets, rights of privacy and publicity.
- is libellous, defamatory or slanderous,
- condones, promotes, contains or links to adware, cracks, hacks or similar utilities or programs,
- contains explicit sexual content,
- does or may denigrate or offend any ethnic, racial, gender, religious or other group, through use of language, images, stereotypical depiction or otherwise,
- is designed to or does harass, threaten, defame or abuse others,
- exploits images or the likeness of minors,
- encourages the use of drugs or the under-age use of alcohol or cigarettes, or
- is generally offensive or in bad taste;
- use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or the Service,
- collect electronic mail addresses or other information from our Website,
- impersonate another person or entity,
- engage in any activity that interferes with any persons ability to use or access the Website and/or services, or
- frame or link or otherwise use or display the Website in such a manner so that it appears to be part of its own or someone else's website, without specific agreement.
(a) San Diego Print House attempts to be as accurate as possible in providing a compelling user experience. San Diego Print House does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free.
(b) All prices found on San Diego Print House's website are all inclusive but may change from time to time. Shipping and handling are shown separately at checkout (or on invoices, if applicable). The shipping address may affect certain costs, and sales taxes will apply to CA based orders.
(c) For customers ordering from outside the United States, all product prices are net of local taxes and fees. If, according to applicable law, the goods are subject to sales taxes, import duties, import brokerage fees, or other taxes or fees in the recipient's country, then the customer has the sole responsibility to pay these taxes and fees.
(d) Customers must pay the purchase price, applicable sales taxes, and shipping and handling charges immediately upon placing an order otherwise the order will not move into production.
Sales Orders & Quotes
Artwork & Mockups
(a) All designs submitted by customers must meet the requirements of the print process they are requesting.
(b) All designs must be submitted with a corresponding purchase order or job name.
(c) A design mockup will be provided with each sales order. It will contain the color(s) used, the design, imprint location(s) and the imprint size that correspond with each line item on the sales order. Mockups must be signed or approved via email before your order will begin processing.
(d) Designs will be sized for the smallest sized garment within an order. Ex: An order contains both youth and adult sized garments that are to receive the same imprint. The imprints will be sized for the smallest youth sized garment. If you require different print sizes, per garment size, you will need to submit a separate order for each size variation.
Payment & Processing
(a) All payments must be paid in full and processed online through the San Diego Print House platform before any production can begin. San Diego Print House uses Stripe and Paypal for all its processing and customers may choose to pay by Master Card, Visa, Discover or American Express. San Diego Print House reserves the right to limit the method of payment(s) chosen by the customer depending on order value, shipment destination, or other objective criteria.
(b) If the customer provides payment information that makes it impossible or impractical for San Diego Print House to receive payment (for example, the customer's account lacks sufficient funds, or the customer provided incorrect payment information) through no fault of San Diego Print House's own, the customer agrees that San Diego Print House may add an additional charge to the order to recoup costs associated with processing or attempting to process the impossible or impractical transaction.
(c) If the customer fails to pay, San Diego Print House may assign its claims to a debt collection agency and transfer the personal data required for collecting payment to these third parties.
Pre-Production Samples are available upon request and at an additional cost.
Most orders are bulk packaged in groups of twelve sorted by garment style, size and color. We do offer individual folding and packaging for an extra fee.
(a) San Diego Print House warrants that it will ship orders within 1-2 business day(s) after production competition. Normally, goods are shipped right after production has been completed and typical delivery times are 2-5 days, but in certain circumstances shipment and delivery can take longer and out of San Diego Print House control. Customers and San Diego Print House may separately agree to more specific delivery times and terms in a separate agreement but it will need to be in writing (such as a request for express or freight shipping).
Returns, Cancellations, Credits & Reprints
Spoilage / Vendor Defects / Customer Supplied Goods
(a) San Diego Print House will not be held responsible for spoilage up to 3% for orders over 144 units or 5% for orders under 144 units. Percentages are based on number of imprints rather than number of garments. Exact Quantity orders are not available. In the event your bulk order requires exact quantities, we encourage you purchase extra pieces.
(b) San Diego Print House will only bill for finished and un-defected products. Imprints on flawed items supplied by customers will be billed.
(c) Extra production time will be needed in the event we need to replace any items. San Diego Print House will not be responsible for damages such as profit loss on spoiled or defective products. We can not replace customer supplied items nor refund the cost of items from vendors that we do not do have accounts with. (Ex: Retail Stores.) Any customer supplied items such as these are supplied at the customer's own risk. We highly encourage our customers to purchase products from us.
(d) Customer supplied garments that require extra handling such as tagged garments or individual bagged garments may be subject to an additional handling fee. This fee will be added to final invoice.
Correction of Errors and Inaccuracies
The information and product listings on this Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of products (including after you have submitted your order) for any reason, including, without limitation, if the product violates any terms of this Agreement.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our partners, we reserve the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and you have been charged for the sale. If you have already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your account. If we have overcharged for any product, we will issue a refund to you for the difference between what you were charged and the correct price of the relevant product.
(a) San Diego Print House provides the site and service on an "as is" and "as available" basis. San Diego Print House does not represent or warrant that the site and service or its use:
(i) will be uninterrupted, timely, safe, or secure,
(ii) will be free of inaccuracies, errors, or vulnerabilities,
(iii) will meet your expectations or requirements, or
(iv) will operate in the configuration or with the hardware or software you use.
San Diego Print House hereby disclaims any and all express or implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability, and non-infringement to the fullest extent of the law, except to the extent that this agreement provides otherwise.
(b) You agree that San Diego Print House has no responsibility for any damages suffered by you in connection with the site and service, and that use of the site and service, including all content, data or software distributed by, downloaded, or accessed from or through the site and service, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business or your computer system or any loss of data that results from your actions and your use of the site and service. San Diego Print House does not control or endorse in any respect any information, products, or services offered by third parties through the site and service, and is not responsible for any possible representations and warranties these third parties may make.
(c) Due to normal changes in our industry and in our technical production processes, San Diego Print House may reasonably deviate from the descriptions and information found in its brochures, catalogues, and other documents with respect to material, color, weight, measurements, design, or other features.
(d) San Diego Print House may use subcontractors or third parties to provide certain elements of its site and service. You agree that San Diego Print House will not be liable to you in any way for your use of these services.
(f) Minimum Age. Persons under the age of 13 may not use the site. San Diego Print House will not collect, use, or disclose any personal information associated with a person under age 13.
Limitation of Liability
(a) You use San Diego Print House's site and service at your own risk. San Diego Print House provides its site and service without any express or implied warranties (See Section 18(a) (Disclaimers) above). San Diego Print House is not responsible for the actions, content, information, or data of third parties. You release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against San Diego Print House or any related third parties. If you are a California resident, you waive California Civil Code §1542, which says in full: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
(b) San Diego Print House is not liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or relating to the site and service or any agreement between you and San Diego Print House, even if advised of the possibility of such damages. San Diego Print House's aggregate liability arising out of or in connection with the site and service or any agreement between you and San Diego Print House may not exceed the lesser $100 or the amount of cash actually exchanged between you and San Diego Print House within the past six months. Applicable law may not allow the limitation or exclusion of liability described in this Section. In such cases, San Diego Print House's liability will be limited to the fullest extent permitted by applicable law.
User Representations and Warranties; San Diego Print House's Right to Refuse Performance
(a) User acknowledges and agrees that San Diego Print House does not permit, authorize or condone and hereby expressly prohibits user from accessing or using the Website and/or the services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or privileges, of any person anywhere in the world.
(b) If you upload designs or make changes to products in any way (for example, adding custom text), you represent and warrant to San Diego Print House that you have all necessary rights (for example, in trademark, copyright, privacy rights, publicity rights, common law, etc.) to use the text or design without violating the rights of any third party. San Diego Print House may, in its sole discretion, refuse to print any designs or text that you submit. However, San Diego Print House is not obligated to review any of your submissions.
(c) User shall own any Intellectual Property Rights in any original material that it authors, designs or creates using the functionality provided by the Website. If the user chooses to add any item to a public gallery, the user then hereby grants to San Diego Print House an irrevocable, perpetual, non-exclusive, world-wide license to do all acts and things (including to authorize other persons to do all acts and things) comprised within the said Intellectual Property Rights.
(d) You agree to (indemnify and release San Diego Print House from all liability (including costs and attorney's fees) for claims relating to the alleged or actual infringement of any third-party rights and any law to the extent that such claims relate to your use of San Diego Print House's site and service.
San Diego Print House may, in its sole and unfettered discretion, and without users consent, place links on the Website to other websites that are owned or operated by other persons. User acknowledges and agrees that San Diego Print House is not responsible for the operation of or content located on any such website, and San Diego Print House cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, user acknowledges and agrees that it may not make any claim against San Diego Print House for any damages or losses of any kind arising from the other website and/or the link.
Reviews & Comments
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, photos, videos, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
User shall indemnify and hereby releases unconditionally San Diego Print House, without set off or adjustment, against and from any liability, loss, cost, expense or damage, including all legal fees, arising from or relating to:
(a) its use of the Website and/or services and/or the media or content posted or uploaded by it, including any alleged or actual violation of any law directly or indirectly arising from such use;
(c) the misuse or misappropriation of the said media or content; and
(d) any infringement or alleged infringement by user of any persons Intellectual Property Rights, rights of privacy or publication, or otherwise anywhere in the world.
(a) The formation, construction, and performance of this agreement (and all other agreements incorporating this agreement by reference) must be construed in accordance with the laws of the United States and California without regard to their choice of law rules. The parties agree that any dispute arising out of or relating to this agreement must be submitted to confidential binding arbitration in San Diego, California, except that San Diego Print House may seek injunctive or other appropriate relief in any state or federal court in California if you have violated or threatened to violate the intellectual property rights of San Diego Print House or a third party, or any term of any agreement you have with San Diego Print House. The parties agree that
- the arbitration will be provided by an alternative dispute resolution provider mutually agreed upon by the parties, and if the parties cannot agree, then through the American Arbitration Association;
- claims must be conducted on an individual basis, and not in a class, consolidated, or representative action; and
- any judgment on the award rendered by the arbitrator is final, binding, and may be entered in any court of competent jurisdiction.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations. You agree that San Diego Print House can translate, as accurately as reasonably possible, text and information that you provide into other languages for use. We do not guarantee the accuracy of such translations.
Termination of Access
(a) San Diego Print House may refuse to provide its site and service to you, in full or in part, effective immediately and without notice, for any reason or no reason, but especially if San Diego Print House believes that you (or any others whom San Diego Print House believes that you act in concert with) have violated or will violate any laws, rights, or term (or the spirit of any term) of any agreement you are a party to with San Diego Print House, its affiliates, contractual partners, or users; or if San Diego Print House believes in its sole discretion that your use of the site and service may create any risk (including any legal risk) for San Diego Print House, its affiliates, contractual partners, or users. Limitation of access may include removal or modification of content that you have uploaded or otherwise sent to or through the site and service.
(e) If San Diego Print House exercises its rights or if you delete your account, this entire agreement and any other agreements you have entered into with San Diego Print House will survive indefinitely until otherwise terminated according to their terms, if applicable.
You acknowledge and agree that you will not use any Product ordered from the San Diego Print House Site in a way that would be damaging to San Diego Print House's public reputation or that of its employees, board members, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display any product including custom postage ordered from San Diego Print House, in a public setting, including on the Internet, in a way which disparages San Diego Print House, San Diego Print House's board members, employees, shareholders or partners. San Diego Print House reserves the right to demand immediate return of the product, at the user's expense, to furthermore pursue all recourses and remedies available under the law.
If you need more information, have additional questions or just can't find the answer to your question here, please submit a support ticket and one of our account managers will be happy to help.