Effective as of January 01, 2021
The following describes the terms under which Erge Designs. (“Erge Designs,” “we,” “our,” or “us”) provide thehttps://ergekve.com/website (the “Erge Designs Service” or the “Service”) to you.
If you register on behalf of a business, you represent to Erge Designs that you have the authority to bind that business and that your acceptance of this Agreement will be treated as acceptance by that business.
Changes and Modifications. Erge Designs reserve the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time. As long as you comply with this Agreement, Erge Designs grants you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.
- Description of Services
General Description. The Erge Designs website allows you to purchase any of our for sale products or visit out wholesale section
- Conditions of Use
As a condition of use, you agree to the following:
› You will not upload, post, email, transmit, or otherwise make available any content that is in violation of copyright law, trademark law, or any other law protecting intellectual property in any jurisdiction, or that violates an individual’s right to publicity or privacy.
› You will not use the Service to harass, threaten, impersonate, or intimidate anyone.
› You will not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
› You will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
› You will not transmit any worms or viruses or any code of a destructive nature.
› You will not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof.
› You will not violate any local laws in your jurisdiction (including but not limited to intellectual property laws).
› You will not use the Service for any illegal or unauthorized purpose. If you are an international visitor, you agree to comply with all local laws regarding online conduct and acceptable content.
By submitting User Content as set forth above, you hereby do and shall grant to Erge Designs and its successors, assigns, and third party service providers, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, create derivative works based on, distribute, publicly display, and publicly perform, the User Content solely for purposes of providing you with the Service and advertising and promoting the Service — including, but not limited to, through the ergekve.com website and through Erge Designs social media channels, such as Facebook — in any medium and by any means currently existing or yet to be devised.
- Payments, Returns, Refunds, and Cancellation Policy
At Erge Designs, we strive to ensure that goods ordered through the Service are always accurate and of the highest quality. br>
Time of payment. Due to the extensive amount of work required prior to the printing and shipping of your order (e.g. artwork preparation), you will be charged at the time your order is placed.
Cancellations after printing has begun. Because of the customized nature of these goods, we do not allow cancellations once we begin printing an order. Orders enter the printing process as early as one business day after they are placed on our website.
Cancellations before printing has begun. We allow cancellations on orders that (i) have been processed but (ii) have not yet begun the printing process. Cancellations in this phase are subject to a fifteen percent (15%) cancellation fee of the order total. (This cancellation fee covers costs associated with preparing for an order, including artwork processing, prepress processing, and material preparation costs.) Orders are processed as early as minutes after they are placed on our website, and enter the printing process as early as one business day after they are placed on our website.
Refunds and exchanges. We do not accept refunds or make exchanges after an order has been shipped. If, upon receipt of your finished merchandise, you feel that your order was incorrect due to an error on our part, please submit a claim to https://ergekve.com/claims within 14 days of your delivery date. Claims are handled on a case-by-case basis.
When you place an order through the Service, you may be given a promotional referral code that is associated with your order. Give this code to your friends!
- DMCA / Intellectual Property
If you believe that Erge Designs, or any consumer using the Service, has violated a copyright, trademark right, or any other intellectual property right you claim in your work, please contact us pursuant to the Digital Millennium Copyright Act (“DMCA”) and our Intellectual Property Policy at info@Ergekve.com.
- Erge Designs ‘ Intellectual Property
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, “Erge Designs Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Erge Designs Content, contained in the Service is owned, controlled, or licensed by or to Erge Designs, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property and other rights. Your User Content (as defined above) is owned by you, and is not Erge Designs Content.
Except as expressly provided in this Agreement or otherwise permitted by law, no Erge Designs Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without the Erge Designs’ express prior written consent.
For the avoidance of doubt, and without limiting the forgoing, you retain ownership in any trademarks, logos, trade dress or other design elements owned by you which you apply to goods purchased through the Erge Designs Service.
- Violation of this Agreement – Termination
You agree that OErge Designs may, in its sole discretion and without prior notice, terminate your access to the Service and/or block your future access to the Service if it determines that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Service. Please note that it is Erge Designs’ policy to terminate the account of members who repeatedly violate the copyrights, trademark rights, or other intellectual property rights of third parties.
If Erge Designs does take any legal action against you as a result of your violation of this Agreement, Erge Designs swill be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Erge Designs. You agree that Erge Designs will not be liable to you or to any third party for termination of your access to the Service.
- Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, AND ANY GOOD OR SERVICE ORDERED THROUGH THE SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Erge Designs AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AND LICENSORS (THE ” OBSCURE A TEES AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. Erge Designs AND THE OBSCURE A TEES AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED.
ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED, VIEWED, SHARED, OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOADING, VIEWING, SHARING, OR OTHERWISE ACCESSING OF SUCH MATERIAL. NO ADVICE, REPRESENTATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OBSCURE A TEES OR THROUGH THE HTTPS://ergekve.COM WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
- Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Erge Designs AND THE Erge Designs AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT Erge Designs MAY MAKE TO THE SERVICE; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; (c) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY USER CONTENT MAINTAINED THROUGH THE SERVICE; OR (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT Erge Designs AND THE Erge Designs AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE INFRINGING, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- Exclusions and Limitations
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, Erge Designs AND THE Erge Designs AFFILIATES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You will defend, indemnify, and hold obscure a tees and/or the Erge Designs Affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by Erge Designs and/or the Erge Designs Affiliates in connection with any claim arising out of your breach of the Agreement. Erge Designs reserves the right, but has no obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
- General Terms
Entire Agreement. This Agreement is the whole legal agreement between you and Erge Designs. It governs your use of the Service and completely replaces any prior agreements between you and obscure a tees with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase other services from obscure a tees and affiliated services.
Governing Law. You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the State and Federal courts in Los Angeles, California, and waive any objection to such jurisdiction or venue.
Dispute Resolution. In the event of any controversy or dispute between Erge Designs and you arising out of or in connection with your use of the obscure a tees Service, Erge Designs will attempt, promptly and in good faith, to resolve the dispute. If Erge Designs is unable to resolve any such dispute within a reasonable time, either party may submit such controversy or dispute to mediation. The costs and fees, including reasonable attorneys’ fees, for any such mediation are to be borne by the non-prevailing party. If the dispute cannot be resolved through mediation, then both you and Erge Designs may pursue any right or remedy available under applicable law.
Statute Of Limitations. You agree that, regardless of any statute or law to the contrary, any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.
Severability of Terms; Non-waiver of Terms; Assignment. If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If obscure a tees does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver or relinquishment of our rights. Erge Designs may assign or delegate all rights and obligations under the Agreement, fully or partially.