Red Alert Screen Printing, Inc.
6121 Jet Port Industrial Blvd.
Tampa, FL 33634
2.1 Representations:You represent and warrant to us, and we represent and warrant to you: (i) that you or us have the full power and authority to enter into and perform under this TOU, (ii) the execution and performance of your or our obligations under this TOU do not constitute a breach of or conflict with any other agreement or arrangement by which you or we are bound, and (iii) this TOU is a legal, valid and binding obligation of us and you entering into this TOU, enforceable in accordance with its terms and conditions.
3.1 Basic Limits of Your Use. You agree to use our products and services in good faith, and will do so in compliance with any applicable law. You expressly may not use our site or services under the following conditions, and agree not to use our site or services in such cases:
5.1 Survivability: This TOU will survive indefinitely unless and until we choose to terminate this TOU. If you or we terminate your use of the website or our services, we may delete any content or other materials relating to your use of our services on our servers or otherwise in our possession and we will have no liability to you or any third party for doing so.
6.1 Indemnity: You must indemnify and hold us and our employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any provision of this TOU through any act or omission. If you have to indemnify us under this Section, we will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without our express written permission.
7.1 Due Diligence: You understand that due diligence in all business matters is your responsibility, and it is up to you to make sure you are compliant with intellectual property rights, the laws, and the usability of products and information. You also agree not to divulge to us information that may incriminate us or make us somehow liable to other parties. You understand that while we have rules and regulations concerning the use of our site, we do not warrant or guarantee that the users on our site are in compliance. If at any time we do not enforce any element of this TOU, we do not diminish our right to enforce elements in the future without changes to our TOU.
7.2 Security: We use commercially reasonable technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any personal information you transmit to us and you do so at your own risk. We do limit access to personal information about you to employees who we believe reasonably need to come into contact with personal information to provide products or services to you or in order to do their jobs.
8.1 We own Us: We solely and exclusively own all intellectual property and other rights, title and interest in and to our services and website, except as expressly provided for in these TOU. You will not acquire any right, title or interest under this TOU or otherwise to any intellectual property owned by us -or anyone else for that matter. We grant you a limited revocable license to access and use our website and services for its intended purposes, subject to your compliance with this TOU. This license does not include the right to collect or use information contained on the Website for purposes prohibited by us; to compete with us; to create derivative works based on the content of the website; or to download or copy the Website (other than page caching). If you use the website in a manner that exceeds the scope of this license or you breach this TOU, we revoke this license granted to you.
9.1 You Will Not Stop Us: You may not cause harm to the website or our services. You may not: (i) interfere with us or our services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) hack or social engineer us or our services; (iii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide our services; (iv) use a robot, spider or other device or process to monitor the activity on or copy pages from the website, except in the operation or use of an internet "search engine", hit counters or similar technology; (v) collect electronic mail addresses or other information from third parties by using our services; (vi) engage in any activity that interferes with another user's ability to use or enjoy our services; or (vii) assist or encourage any third party in engaging in any activity prohibited by this TOU.
10.1 Modification of Service: We reserve the right to modify the organization, structure or "look and feel" of our website, and may change, suspend, or discontinue any aspect of our service at any time without any liability to you or any third party. We shall have complete discretion over the features, functions, prices, and other terms and conditions of our services.
11.1 DISCLAIMER OF WARRANTIES: WE PROVIDE THE WEBSITE AND SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, OUR 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. WE MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOU, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
11.2 LIMITATION OF LIABILITY. WE 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 OUR SERVICE OR THIS TOU, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THIS TOU OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS TOU. IN NO EVENT WILL OUR LIABILITY TO YOU IN CONNECTION WITH THIS TOU EXCEED THE GREATER OF (i) THE AMOUNT IN LICENSING FEES PAID BY US TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.
12.2 Your contact information: You must at all times keep your contact information up to date including your email, telephone number, and postal address. If at any time we try to contact you through the channels you provide, whether it be your email, telephone, or snail mail, that attempt counts as a valid contact attempt and notification. You understand that if you provide us with an address to ship to, we are only responsible for shipping to that address, and rerouting products may incur additional expenses on your part. We are not responsible for the shipping of products purchased by you that could not be delivered to you because of an oversight not on our part. Please make arrangements to receive your goods within 30 days of your order so that we may release your products to you. If you do not make arrangements in that time frame, you forfeit your rights to those products and in some cases may be liable for storage fees. Just because we are nice and may not enforce this policy, does not mean we forfeit the right to do so in the future. We do not insure your shipments from loss or damages unless you chose that option and pay the associated fees. In the case of monies we may owe you for the licensing of your intellectual property or other, if your information is not valid or accurate for 90 days from a payout, you will be assessed an administration fee in the amount equal to any monies we may owe you.
12.3 International Users: If you are a user accessing the website from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the website, which is governed by U.S. law and this TOU, you will be transferring your personal information into the United States and you consent to that transfer.
13.1 Return Policy: If you purchase products from us, you agree to do so in accordance with our Ordering Policy and instructions on the website. Title to the products you purchase passes to you when the products are delivered to the common carrier.
13.2 Return Authorization Code: Under no circumstances do we accept returns that are not accompanied by a return authorization code. If you wish to make a return for any reason, you must get a return code from us. There are two reasons for the code: a.) we need to be able to track what you are returning and why, b.) certain items may not be returned. In any case, we can't be of much help if we receive USOs (unidentified shipped objects).
13.3 Warranty: Our warranty on merchandise is limited to the product itself. We are not responsible for incidental damages as a result of product or service failure. That includes all incidentals involving events, lawyers, or great catastrophes that happen, whether or not the problem arose because our products were incorrect, late, or faulty. However, we stand behind our products. In the event of misprinting, faulty product, or incorrectly shipped items, we will diligently work with you to resolve the situation. We will either credit your account, replace the product, or refund your money depending on what is prudent. We will also apologize for errors on our part.
13.4 Preprinted designs: We accept returns of preprinted merchandise (pre-made designs for sale on the website) if you notify us of your dissatisfaction within 5 business days of your receipt. In the case of improper size, we will exchange it for the correct size if at all possible. We cannot accept returns of items that have been washed, worn, are otherwise unsalable, or are classified as undergarments or swim wear, except in the case of errors on our part, or defective product. You may be asked to pay the postage for the new merchandise if the error was on your part.
13.5 Custom orders: Due to the nature of custom orders, we can only accept returns for defective merchandise or improper printing on our part. In either case we will replace the merchandise for the correct goods if at all possible. We do not offer discounts for misprints or defective products. We want you to have top quality merchandise that you can be proud of. Also, we reserve the right to substitute comparable products if items become unavailable or unreasonable for us to obtain.
14.1 Reporting TOU: If you suspect a user is violating the TOU please notify us immediately. While we will strive to take prudent action.
15.1 Intellectual Property Policy (applies to Ziraxia.com): We at Red Alert Screen Printing/Ziraxia.com are writers and artists. We don't want to violate anyone in ways we wouldn't want to be violated ourselves. In other words, we take intellectual rights seriously. If at any time you feel someone is infringing your intellectual rights please notify us immediately. We will take appropriate action (at our discretion). In any case, you need the following to file a complaint:
15.2 Derivative works: Please do not send us designs that incorporate characters owned by authors other than yourself. We expressly prohibit designs that are derivative works where you do not own the original. Exceptions to that rule are as follows: it must be different enough from the original to be regarded as a "new work" or must contain a substantial amount of new material. Making minor changes or additions of little substance to a preexisting work will not qualify the work as a new version. The new material must be original in itself. Titles, short phrases, and format, for example, are not substantially different. Fair use is also acceptable.
15.3 Ownership On the flip side, if your work is not substantially different from other works in the public domain, while we may print your design for you, we may not recognize your right to own that design. Our rule is that you own it if it is possible for you to hold a U.S. Copyright on it.
15.4 On custom screen printed orders you grant us the right to produce a product for sale to you only. You grant us the right to own the materials necessary to fulfill the orders you place with us, including but not limited to screens, films, computer files, samples for you and our internal use, items for our portfolio, and test prints.
16.1 Dispute Resolution: All disputes arising out of, relating to or connected with these TOU or your use of any part of our service will be exclusively resolved under confidential binding arbitration held in Tampa, Florida, before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Florida 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. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Hillsborough County, Florida. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Florida State courts in Hillsborough County. Notwithstanding anything to the contrary in this section, we 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.