Welcome to the 26 Shirts website, www.26shirts.com (the "Site"), owned and operated by You and Who, Inc. ("You and Who"). You and Who provides services to users subject to the terms and conditions set forth herein (the "Terms") and, except as otherwise noted herein, the Terms govern your use of the Site. In addition, the use of any of the services supplied by You and Who are subject to the rules, guidelines, policies, terms, and conditions applicable to such services, which are incorporated into these Terms by reference.
2. Your Acceptance
4. Website Access
You and Who hereby grants you permission to access and make personal use of this Site pursuant to these Terms, insofar as: (i) your use of the Site is for your personal use and is not for any commercial purpose of your own beyond what is permitted by the Terms; (ii) you do not copy or distribute any aspect of the Site in any way without You and Who's prior written authorization; (iii) you do not alter or modify any aspect of the Site beyond what may be reasonably necessary for proper use of the Site for its intended purpose; and (iv) you otherwise comply with these Terms. This Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site.
5. Electronic Communications
When you visit 26shirts.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
6. Account Creation
Some portions of the Site may only be accessible to those that have created a user account. You may not use any account that is not your own without the account holder's permission. When creating your account, you are required to provide accurate information about yourself. Any activity that originates or is affiliated with your account is solely your responsibility as is the security and confidentiality of your account username and password. You may change your password at any time by updating your Account page. In addition, you agree to immediately notify You and Who of any unauthorized use of your password or account or any other breach of security. You and Who cannot and will not be liable for any loss or damage arising from your failure to comply with this section. In addition, some portions of the Site are only accessible to those that have entered personal information, such as during the check out process. When submitting personal information on the Site, you are required to provide accurate information about yourself. It is solely your responsibility to keep the information you submit to You and Who confidential and secure. You agree to immediately notify You and Who of any unauthorized use of your information or any other breach of security. You and Who is not liable for any loss or damage arising from your failure to comply with this section.
When submitting personal information to the Site, you warrant that you are able to enter into a legally binding contract and are not barred from using the Site by any laws. By using the Site, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract. If you are under 18, you may use the Site only with the permission and involvement of a parent or guardian. You agree to provide true, accurate, current and complete information about yourself in all required fields when prompted. If any of your information changes, you agree to update your information as soon as possible. If You and Who suspects that the information you submitted is not complete, current, or accurate, or that you have otherwise violated these Terms, your account may be subject to suspension or termination, and you may be barred from using the Site.
7. Prohibited Uses of the Site and Services
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including our company and our employees and agents; encourage conduct that would constitute a criminal offense; give rise to civil liability; otherwise violate any law; or in doing so, amounts to any conduct that, in the judgment of You and Who, restricts, impairs, interferes or inhibits any other user from using or enjoying the Site or the related services and products. You agree not to expose the Site to any automated system, including, but not limited to, "robots," "spiders," or similar technological devices or programs, that access the Site in a manner that sends more request messages to the You and Who servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, You and Who grants permission to the operators of public search engines to use the technology necessary to copy materials from the Site, so long as such use is for the sole purpose of creating publicly available, searchable indices of the Site, but not caches or archives of such materials. You and Who reserves the right to revoke these exceptions in its sole discretion.
You agree not to collect or use any personally identifiable information ("Personal Information") from the Site including, but not limited to, the names and contact information of other users. Additionally, you agree not to use the communication systems provided by the Site for any commercial purposes.
Access to any Third Party Sites is at your own risk and You and Who incurs no liability arising out of or related to such Third Party Sites or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of, or reliance on any such content, goods, or services available on or through any such Third Party Site. You and Who has no control over, and assumes no responsibility for the content, privacy policies, or practices of any Third Party Sites that appear on the Site. By using the Site, you specifically release You and Who from any and all liability arising from your use of any Third Party Site.
9. Intellectual Property Rights
All content on the Site, including without limitation, the text, graphics, and photos created by and for You and Who, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to You and Who, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only. The Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of You and Who or as expressly provided herein. You and Who reserves all rights not expressly granted in and to the Site and the Content contained therein.
You agree not to use, copy, or distribute any of the Content displayed on the Site other than expressly permitted herein, including any of Submissions (as defined below) displayed on the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
10. Copyright Infringement
You and Who respects the intellectual property of others. If you believe that your work has been copied or posted on the Site in a way that constitutes infringement of your copyrights, you must send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
DMCA Complaints You and Who, Inc. 2495 Main St. STE 516 Buffalo, NY 14214 Phone: 716 457 4514 Email: firstname.lastname@example.org
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is an infringement may be subject to liability.
11. Warranty Disclaimer
12. Limitation of Liability
IN NO EVENT SHALL YOU AND WHO, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF YOU AND WHO, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT YOU AND WHO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Site is controlled and offered by You and Who from its facilities in the United States of America. You and Who makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
13. Choice of Law and Venue
These Terms are to be interpreted under the laws of the State of New York. Erie County, New York is the venue for the adjudication of any dispute arising out of these Terms, whether brought at law, at equity, or in arbitration.
Any dispute arising out of or relating to these Terms, or breach hereof, shall be finally resolved by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Rules, and the judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in Buffalo, New York, in accordance with the United States Arbitration Act. There shall be three (3) arbitrators named in accordance with such rules. The award of the arbitrators shall be accompanied by a statement of the reasons upon which the award is based. The arbitrators shall decide the dispute in accordance with the substantive laws of the State of New York. You agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings; however, nothing in these Terms shall preclude or waive You and Who's rights to seek any equitable remedies as interim relief afforded to it under the laws of the State of New York including, without limitation, seeking a Temporary Restraining Order or a Preliminary Injunction. All matters relating to the arbitration of any disputes arising out of or relating to these Terms, or breach there of, shall be confidential. The arbitrators shall be empowered to award reasonable attorneys' fees, costs, and expenses upon issuance of their award.
16. Additional Terms
Limitations on Actions: You agree that any cause of action arising out of or relating to the Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Paragraph Headings: The paragraph headings in these Terms are included to help make these terms easier to read and have no binding effect.
17. Termination or Cancellation; Survival
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Site, and/or your Account, or suspend or block your access to the Site. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Site after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Site. You and Who may continue to exploit electronic or printed materials it has created, or developed specific plans to create, that contain such Content according to the terms contained in Section 16.2 ("Severance") with respect to removal or modification of Content previously posted on the Site.
These terms were last modified on October 2, 2018.
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as "Device Information."
We collect Device Information using the following technologies:
"Cookies" are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
"Log files" track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
"Web beacons," "tags," and "pixels" are electronic files used to record information about how you browse the Site.
Information you provide:
When you opt-in to an on-site marketing offer such as an email newsletter form, we collect your email address.
When you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, email address, and phone number (collectively, "Contact Information") as well as your billing address, shipping address, and payment information (including the last four digits of your credit card) (collectively, "Purchase Information"). We refer to your Contact Information and Purchase Information collectively as "Order Information."
(Note also that some purchase mechanisms allow you to use Amazon Pay or PayPal. In such instances, we do not collect any payment information.)
HOW DO WE USE YOUR PERSONAL INFORMATION?
We do not rent or sell your Personal Information without your permission. However, we may use or share your Personal Information for purposes described herein.
We store the Order Information internally and use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
Communicate with you; Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
We also use the Device Information for remarketing purposes.
In addition to the foregoing, we may also use your Personal Information for legitimate business purposes, including to:
Operate, evaluate and improve our business, our Site, and other products and services we offer
Tailor the content we display in our communications with you
Administer surveys and other market research
Comply with legal requirements, judicial process, and our company policies (including to verify users' identity in connection with access or correction requests)
Protect against, identify, investigate, and respond to fraud, illegal activity (such as incidents of hacking or misuse of our Site), and claims and other liabilities, including by enforcing the terms and conditions that govern the services we provide
We may aggregate and/or de-identify any Personal Information that we collect, such that the information no longer identifies any specific individual. We may use, disclose and otherwise process such information for our own legitimate business purposes-- including historical and statistical analysis and business planning-- without restriction.
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above.
We share your Order Information with Auctane d/b/a Shipstation as part of our order fulfillment process. You can read more about how Shipstation uses your Order Information here: https://www.shipstation.com/privacy-policy/.
We share some of your Personal Information with our third party partners for marketing purposes. In particular, we share your Order Information with Mailchimp for managing our email communications with you. You can read more about how Mailchimp uses your Order Information here: https://mailchimp.com/legal/privacy/. We also share your Contact Information with Facebook, Inc. for marketing and re-marketing purposes.
We may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
We advertise on social networks to our customers and potential customers.
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance's opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site's data collection and use practices when we see a Do Not Track signal from your browser.
When you provide us consent to do so (either upon placing an order or through our normal marketing communications), we will communicate with you through general marketing communications. You must affirmatively opt-in to receive these communications before you receive them.
Regardless of where you live, you may also opt-out of these marketing communications at any time by following the instructions provided in any marketing communication you receive. Please note that even if you opt-out of receiving marketing communications, you may still receive-business related communications, such as transactional emails.
LINKING TO THIRD PARTY SERVICES
When you click on links on our Site that take you to third-party websites, you will be subject to the third parties' privacy policies. While we support the protection of privacy on the Internet, we cannot be responsible for the actions of any third-party websites. We encourage you to read the posted privacy policies of any and every website you visit, whether you are linking from our Site or browsing on your own.
We strive to maintain internal controls and procedures to ensure that the Information you share with us is handled in a safe, secure and responsible manner. We have security measures to help protect against loss, unauthorized access and alteration of the information in our control. We will only disclose such Information to employees and authorized service providers who require such information for the purposes described in this Policy. Our databases are protected by physical, technical, and procedural measures that restrict access only to authorized persons in accordance with this Policy. Although no data transmission over the Internet can be guaranteed 100% secure, and we cannot ensure against any loss, misuse, unauthorized disclosure, alteration, or destruction of data, we take reasonable precautions to prevent such unfortunate occurrences. Nevertheless, we cannot and do not guarantee that information you post on or transmit to the Service will not be viewed by unauthorized persons.
YOUR RIGHTS TO DATA - EUROPEAN CUSTOMERS
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right (which you may do at any time), please contact us through the contact information below. We will respond to any request as promptly as possible.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
The Site is not intended for individuals under the age of 13.
PROTECTING YOUR INFORMATION
You have several options when deciding how you can best protect your Information. One option is simply not to volunteer it. This approach would allow you to still visit our Site, although it may prevent you, for example, from placing orders. The Federal Trade Commission's website, www.ftc.gov, also offers useful information about how to protect personally identifiable information provided to a website.
CALIFORNIA PRIVACY RIGHTS
Beginning on January 1, 2005, California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to email@example.com or write us: You and Who, Inc., 2495 Main St. STE #516, Buffalo, NY, 14214.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by email at firstname.lastname@example.org or by mail using the details provided below: 2495 Main St. STE #516, Buffalo, NY, 14214, United States