Terms & Conditions
1. Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on CustomSantaHats.com's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on CustomSantaHats.com's web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by CustomSantaHats.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
The materials on CustomSantaHats.com's web site are provided "as is". CustomSantaHats.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, CustomSantaHats.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall CustomSantaHats.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on CustomSantaHats.com's Internet site, even if CustomSantaHats.com or a CustomSantaHats.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on CustomSantaHats.com's web site could include technical, typographical, or photographic errors. CustomSantaHats.com does not warrant that any of the materials on its web site are accurate, complete, or current. CustomSantaHats.com may make changes to the materials contained on its web site at any time without notice. CustomSantaHats.com does not, however, make any commitment to update the materials.
6. Links
CustomSantaHats.com has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by CustomSantaHats.com of the site. Use of any such linked web site is at the user's own risk.
7. Site Terms of Use Modifications
CustomSantaHats.com may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
8. Governing Law
Any claim relating to CustomSantaHats.com's web site shall be governed by the laws of the State of NJ without regard to its conflict of law provisions.
Protecting your private information is our priority. This Statement of Privacy applies to the CustomSantaHats.com and SWIMD Marketing, Inc. and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to SWIMD Marketing, Inc. include swimd.com, CustomSantaHats.com and SWIMD. The CustomSantaHats.com website is a ecommerce site. By using the CustomSantaHats.com website, you consent to the data practices described in this statement.
Collection of your Personal Information CustomSantaHats.com may collect personally identifiable information, such as your name. If you purchase SWIMD's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. We may gather additional personal or non-personal information in the future. Information about your computer hardware and software may be automatically collected by SWIMD. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the SWIMD website. SWIMD encourages you to review the privacy statements of websites you choose to link to from SWIMD so that you can understand how those websites collect, use and share your information. SWIMD is not responsible for the privacy statements or other content on websites outside of the SWIMD website.
Use of your Personal Information SWIMD collects and uses your personal information to operate its website(s) and deliver the services you have requested. SWIMD may also use your personally identifiable information to inform you of other products or services available from SWIMD and its affiliates. SWIMD may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered. SWIMD does not sell, rent or lease its customer lists to third parties. SWIMD may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. SWIMD may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to SWIMD, and they are required to maintain the confidentiality of your information. SWIMD may keep track of the websites and pages our users visit within SWIMD, in order to determine what SWIMD services are the most popular. This data is used to deliver customized content and advertising within SWIMD to customers whose behavior indicates that they are interested in a particular subject area. SWIMD will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on SWIMD or the site; (b) protect and defend the rights or property of SWIMD; and, (c) act under exigent circumstances to protect the personal safety of users of SWIMD, or the public.
Use of Cookies The SWIMD website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize SWIMD pages, or register with SWIMD site or services, a cookie helps SWIMD to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same SWIMD website, the information you previously provided can be retrieved, so you can easily use the SWIMD features that you customized. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the SWIMD services or websites you visit.
Security of your Personal Information Verisign When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol. Verisign is an independent, third-party company engaged in the development of digital trust. Verisign provides authentication of Internet services, digital identity and intellectual property. By clicking on the Verisign logo, the Verisign website will serve up a web page that confirms that SWIMD is "Verisign Authenticated."
Children Under Thirteen SWIMD does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
Opt-Out & Unsubscribe We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from SWIMD by contacting us here: Phone: 323-383-9674
Changes to this Statement SWIMD will occasionally update this Statement of Privacy to reflect company and customer feedback. SWIMD encourages you to periodically review this Statement to be informed of how SWIMD is protecting your information.
Contact Information SWIMD welcomes your questions or comments regarding this Statement of Privacy. If you believe that SWIMD has not adhered to this Statement, please contact SWIMD at: SWIMD Marketing, Inc. 323-383-9674 Effective Immediately
Customers are responsible for copyright of any images uploaded.
Terms and Conditions
What this Agreement Covers
This Agreement governs your use of the Site and the Custom Santa Hats service (the "Service"). The Service permits customers that have an appropriate relationship either with: (i) institutions of higher learning, fraternal organizations, honor societies and other collegiate groups (collectively, "Institutions"); (ii) corporations and small businesses; (iii) elementary and secondary schools; or (iv) other organizations, to design and purchase custom merchandise properly describing that relationship. You understand that by using the Site and the Service, you have agreed to the terms and conditions of this Agreement and you agree to use the Site and the Service solely as provided in this Agreement.
Intellectual Property Rights of Custom Santa Hats and Third Parties
Custom Santa Hats is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the Custom Santa Hats Site (collectively the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Custom Santa Hats.
Custom Santa Hats is the owner of the Custom Santa Hats trademark; other trademarks made available through this Site, including logos, slogans, color schemes and design trademarks, are licensed for use by Custom Santa Hats from Institutions and other third parties (the "Licensed Marks"). By using the Custom Santa Hats Site, you agree to limit your use of Licensed Marks to uses that are directly related to such third parties and to comply with any restrictions or conditions imposed on the use and access of the Licensed Marks by the third parties. Custom Santa Hats will notify you of such terms if your usage is in violation of such terms.
Generally, products created using images available on the site should not be resold commercially. In the event that you wish to resell such products, you agree to contact Custom Santa Hats and verify the legality of reselling such products prior to doing so. Designs created using the text tools and images available through the site are in no way the exclusive property of the customers who assemble such designs. Custom Santa Hats retains the right to display such designs or offer them (or variations of such designs) to other customers.
Additionally, Custom Santa Hats has the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane (according to standards established by American law), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, disability or national origin, containing explicit sexual content or is otherwise inappropriate for Custom Santa Hats production.
You agree to not use Custom Santa Hats's Service to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
Payment Policies
Custom Santa Hats accepts online payment via credit card or debit card. All payments sent electronically shall be securely transmitted using Secure Socket Layer ("SSL") technology.
Custom Santa Hats may also accept payment via check or purchase order. Qualified Institutions (such as Purchasing Offices) wishing to establish group accounts and utilize purchase orders may set up special payment options by contacting Custom Santa Hats.
Custom Santa Hats will begin processing orders immediately upon verification that payment has been received.
Shipment/Delivery Times
Custom Santa Hats's orders are generally delivered within 1-5 business days. Customers who are concerned about meeting deadlines should contact us. Rush orders (subject to availablity) are available for a 25% rush charge. Rush orders are delivered within 1 business days.
Returns Policy
Custom Santa Hats goes to great lengths to ensure that all orders are filled accurately and on time and are of the highest quality. Accordingly, Custom Santa Hats accepts returns and will refund payment if and when customers are disappointed by Custom Santa Hats merchandise for one of the following reasons: (a) the blank items themselves are materially flawed; (b) the quality of the decorating (i.e., the printing quality) is below a reasonable range of expectations; or (c) the design of the final product is materially different from the final design submitted by the customer.
Color Matching
Custom Santa Hats strives to provide the best possible prints however we can not guarantee Pantone colour matching or exact colour matching with all designs. Colours may vary due to inks, design files, garment colours and fabrics.
Limit of Custom Santa Hats's Responsibility
Custom Santa Hats will be responsible for acting only on those instructions sent to Custom Santa Hats that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. Custom Santa Hats is not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. Custom Santa Hats is not responsible should you give incorrect instructions or if your credit-card payment is not processed by your credit-card company.
The information and materials contained in this Site, including text, graphics, links or other items, are provided "as is", "as available". Custom Santa Hats does not warrant the accuracy, adequacy or completeness of the information and materials on the Site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.
In no event will Custom Santa Hats be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Custom Santa Hats, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
Indemnity
You agree to defend, indemnify and hold Custom Santa Hats and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use of Custom Santa Hats's Site and the Service, your violation of this Agreement, or your violation of any rights of another.
Governing Law
This Agreement shall be governed by the laws of the Commonwealth of The United States of America.
Statement of Purpose For Graphics You Design On Our Site
In the following statements, any site this agreement is found on, including but not limited to, CustomSantaHats.com, will be collectively known as "Fabricated For You, LLC".
The laws of most jurisdictions throughout the world automatically confer exclusive Copyright and Related Rights (defined below) upon the creator and subsequent owner(s) (each and all, an "owner") of an original work of authorship and/or a database (each, a "Work").
Certain owners wish to permanently relinquish those rights to a Work for the purpose of contributing to a commons of creative, cultural and scientific works ("Commons") that the public can reliably and without fear of later claims of infringement build upon, modify, incorporate in other works, reuse and redistribute as freely as possible in any form whatsoever and for any purposes, including without limitation commercial purposes. These owners may contribute to the Commons to promote the ideal of a free culture and the further production of creative, cultural and scientific works, or to gain reputation or greater distribution for their Work in part through the use and efforts of others.
For these and/or other purposes and motivations, and without any expectation of additional consideration or compensation, the person associating FABRICATED FOR YOU LLC with a Work (the "Affirmer"), to the extent that he or she is an owner of Copyright and Related Rights in the Work, voluntarily elects to apply FABRICATED FOR YOU LLC to the Work and publicly distribute the Work under its terms, with knowledge of his or her Copyright and Related Rights in the Work and the meaning and intended legal effect of FABRICATED FOR YOU LLC on those rights.
1. Copyright and Related Rights. A Work made available under FABRICATED FOR YOU LLC may be protected by copyright and related or neighboring rights ("Copyright and Related Rights"). Copyright and Related Rights include, but are not limited to, the following:
- the right to reproduce, adapt, distribute, perform, display, communicate, and translate a Work;
- moral rights retained by the original author(s) and/or performer(s);
- publicity and privacy rights pertaining to a person's image or likeness depicted in a Work;
- rights protecting against unfair competition in regards to a Work, subject to the limitations in paragraph 4(a), below;
- rights protecting the extraction, dissemination, use and reuse of data in a Work;
- database rights (such as those arising under Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, and under any national implementation thereof, including any amended or successor version of such directive); and
- other similar, equivalent or corresponding rights throughout the world based on applicable law or treaty, and any national implementations thereof.
2. Waiver. To the greatest extent permitted by, but not in contravention of, applicable law, Affirmer hereby overtly, fully, permanently, irrevocably and unconditionally waives, abandons, and surrenders all of Affirmer's Copyright and Related Rights and associated claims and causes of action, whether now known or unknown (including existing as well as future claims and causes of action), in the Work (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law or treaty (including future time extensions), (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (the "Waiver"). Affirmer makes the Waiver for the benefit of each member of the public at large and to the detriment of Affirmer's heirs and successors, fully intending that such Waiver shall not be subject to revocation, rescission, cancellation, termination, or any other legal or equitable action to disrupt the quiet enjoyment of the Work by the public as contemplated by Affirmer's express Statement of Purpose.
3. Public License Fallback. Should any part of the Waiver for any reason be judged legally invalid or ineffective under applicable law, then the Waiver shall be preserved to the maximum extent permitted taking into account Affirmer's express Statement of Purpose. In addition, to the extent the Waiver is so judged Affirmer hereby grants to each affected person a royalty-free, non transferable, non sublicensable, non exclusive, irrevocable and unconditional license to exercise Affirmer's Copyright and Related Rights in the Work (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law or treaty (including future time extensions), (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (the "License"). The License shall be deemed effective as of the date FABRICATED FOR YOU LLC was applied by Affirmer to the Work. Should any part of the License for any reason be judged legally invalid or ineffective under applicable law, such partial invalidity or ineffectiveness shall not invalidate the remainder of the License, and in such case Affirmer hereby affirms that he or she will not (i) exercise any of his or her remaining Copyright and Related Rights in the Work or (ii) assert any associated claims and causes of action with respect to the Work, in either case contrary to Affirmer's express Statement of Purpose.
4. Limitations and Disclaimers.
- No trademark or patent rights held by Affirmer are waived, abandoned, surrendered, licensed or otherwise affected by this document.
- Affirmer offers the Work as-is and makes no representations or warranties of any kind concerning the Work, express, implied, statutory or otherwise, including without limitation warranties of title, merchantability, fitness for a particular purpose, non infringement, or the absence of latent or other defects, accuracy, or the present or absence of errors, whether or not discoverable, all to the greatest extent permissible under applicable law.
- Affirmer disclaims responsibility for clearing rights of other persons that may apply to the Work or any use thereof, including without limitation any person's Copyright and Related Rights in the Work. Further, Affirmer disclaims responsibility for obtaining any necessary consents, permissions or other rights required for any use of the Work.
- Affirmer understands and acknowledges that Creative Commons is not a party to this document and has no duty or obligation with respect to this FABRICATED FOR YOU LLC or use of the Work.
