Terms & Conditions of Use and Sale
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE AND SALE BEFORE ACCESSING, USING, OR PLACING AN ORDER OVER HTTPS://SWOZE.COM THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 20 AND 21). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Swoze.Com specializes in custom promotional products, such as custom silicone wristbands, custom lanyards, custom coolies, custom tattoos, custom buttons, custom bottles and more. Swoze.Com strives to deliver the highest quality as well as exceptional service at the lowest prices in the market. While we are committed to meet your every need and expectation, we wish to inform you of certain limitations that are inherent within the custom promotional products industry.
Swoze.Com provides users with an automated Internet-based service to design and purchase wristbands, apparel and other custom products. Your use of https://Swoze.Com, including any sub domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by NetBrands Media Corp. (“Swoze.Com,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. We encourage you to read these terms prior to placing your order. We offer the Website, including all information, tools, products and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By accessing, using, or placing an order over the Website, you are hereby agreeing to all the terms and conditions as set forth below. This Agreement is in lieu of a written consent, and will be binding by both the customer and/or their representative(s). If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 22 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 22 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.
You can review the most current version of the Terms at any time on this page (https://swoze.com/terms-condition). For additional clarification on these Terms of Service, please refer to Swoze.Com’ Frequently Asked Questions section (https://swoze.com/frequently-asked-questions). We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
- WEBSITE USE
- PRIVACY & SECURITY DISCLOSURE
- GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
- ACCOUNT REGISTRATION
- MODIFICATIONS TO THE WEBSITE AND PRICES
- ORDER TAX
- ORDER PLACEMENT AND ACCEPTANCE
- CHANGING, CANCELLING, OR RE-ORDERING
- PRODUCTION TIME
- DELIVERY CONFIRMATION
- PRODUCT CUSTOMIZATION OPTIONS
- RETURNS AND REFUNDS
- DEFAULT PRINTING STANDARDS
- PROOFING AND ORDER PREVIEWS
- PRODUCT QUALITY
- EXTENDED PRODUCT POLICIES
- SOCIAL MEDIA
- DISCLAIMER OF WARRANTIES
- LIMITATION OF LIABILITY
- DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
- THIRD-PARTY WEBSITES AND LINKS
- TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
- DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
- USER-PROVIDED CONTENT FOR CUSTOM ORDERS
- INTELLECTUAL PROPERTY COMPLAINT POLICY AND COUNTER-NOTICE POLICY
- ELECTRONIC COMMUNICATIONS
- NO WAIVER
- RELATIONSHIP OF PARTIES
- GOVERNING LAW/EXCLUSIVE VENUE
- ENTIRE AGREEMENT
- QUESTIONS OR ADDITIONAL INFORMATION
By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you are affirming that you have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms. You are subject to an immediate removal of your artwork, possible forfeit of payment, and potential suspension or termination of your account.
PRIVACY & SECURITY DISCLOSURE
GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.
All aspects of this web site—design, text, graphics, applications, software, underlying source code and all other aspects—are copyrights of NetBrands Media Corp., d/b/a Swoze.Com, and its affiliates (to include, but not limited to, Lightbeam, Inc.). No part of this Website may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording—or otherwise—without the written consent from NetBrands Media Corp, Lightbeam, Inc., and Swoze.Com.
You agree not to use or attempt to use the Website or any products or services in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.
You may be required to create an account with Swoze.Com. If you do, you warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your Swoze.Com user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. You are fully responsible for all transactions with, and information conveyed to, Swoze.Com under your user account. You agree to immediately notify Swoze.Com of any unauthorized use of your password or user name or any other breach of security related to your user account. You agree that Swoze.Com is not liable, and you will hold Swoze.Com harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 23 below for additional information.
MODIFICATIONS TO THE WEBSITE AND PRICES
We reserve the right at any time to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of access to the Website. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Shipping and Returns Policies.
We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited.
By clicking 'Place Your Order' you ("Buyer" or "You") agree that you have read and understood all terms and policies that apply to you in this document.
We accept payment in the form of Visa, MasterCard, American Express, money orders, or checks. We will not accept any other forms of payment other than those listed. Payment is due in full, prior to commencement of production. Swoze.Com will not ship any order prior to payment. POs can be used only if payment is received prior to production.
When placing an order online, you will need:
- The address the card’s statement is sent to (billing address);
- The card number and expiration date; and
- The 3 or 4 digit code found only on the card (CVV2 code).
By submitting credit card information or other payment information to us, you represent and agree that: (i) you are fully entitled to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any credit card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.
Your payment will show as payment to NetBrands Media Corp. on your credit or debit card statement.
When placing an online order, if you press 'SUBMIT' more than once, your order might be duplicated. Once you inform us of any such duplicate charges, we will credit the amount back to you if the order has not proceeded to production. By placing an order online, the customer is giving Swoze.Com the permission to charge the credit card they provide. When a phone order is approved via the automated email system the customer also gives Swoze.Com the permission to charge the credit card provided. By agreeing to this policy, the customer cannot charge back the amount of the order to avoid payment.
We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your credit card’s updating service, you should contact your credit card issuer.
As a part of our Consumer Protection program to ensure the owner of the credit card is indeed aware of the payment transaction being made, orders with unusual and/or mismatching billing related information will be detected by the system as High Risk. These High Risk orders will be placed on the pending list. Production and Shipping timelines will not begin until the high risk and all other pending issues can be verified. Thus, your timely cooperation to provide supportive documents is strongly recommended and appreciated.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.
All checks require the order number to be written on the checks. Any checks without the order number will be deposited, but the order may not go in production until identified. Production will start after the check has cleared the bank. We will assess a fee in the amount of 18% of the order amount for any declined check, due to the order’s otherwise outstanding balance.
We do not ship orders COD. We do not offer credit terms or Net 30 credit accounts. We are not responsible for delays in processing orders due to declined credit cards, or due to waits or delays with checks in PO faxes. Declined credit cards of any type will remain in pending status until the issue is fixed. We will attempt to contact our customers via email and phone calls, but if we receive no reply, the order will remain pending. We are not at fault for any late orders due to credit card issues of any kind.
Blank and Unimprinted Products are excluded from coupons and promotions. All promotional codes are temporary and subject to change or cancellation at any time, within our discretion. Please note our promotions and any other discount cannot be combined. We can only apply one discount or promotional code per order. Each promotional code can only be used one time per customer. Should a customer use the same promotional code more than once, that customer will be subject to pay up to the full price of the order, i.e., exclusive of the value of the promotional code entered, for orders where that promotional code was duplicatively applied. Unless stated otherwise, all promotional codes are subject to a maximum savings of $50 per order.
The Order Subtotal amount does not include Sales Tax. Please note we are required by state law to collect Sales Tax from all customers located in Texas. It is not within our discretion to waive the Sales Tax amount under any circumstance, unless the purchase orders are for business purposes only. In such instances, as required by state law, you must provide us with a State Tax ID or Tax Exempt Certificate.
ORDER PLACEMENT AND ACCEPTANCE
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to refuse service or provide products to anyone for any reason. In the event we deny your order or request for service, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any service or product. We reserve the right to require additional information before processing any order.
Online orders do not receive a confirmation email. The reason is the customer is responsible for the information submitted at the point of sale. All online orders are processed via an automated system with little or no human involvement. Therefore, errors may not be detected or corrected. A customer can request that we email a copy of the order at any time.
Orders that are placed over the phone will receive an order confirmation or sales invoice via an automated email. Customers have 24 hours from the delivery of that automated email to provide Swoze.Com with their approval of the order, as reflected. By providing such approval, the customer represents that all the information contained in the order is correct and accurate. Upon the customer's approval, the order will be processed immediately "AS IS" and cannot be modified. If an order/invoice is approved with an error, we are neither liable nor responsible to re-do, refund, or discount for the mistake. If the automated email is not approved, we reserve the right to delay production until an approval is made on any order we consider high risk. Orders that are not approved within 24 hours from the delivery of the order confirmation/sales invoice will be charged and processed after the 24-hour timeframe lapses. This is to insure an order arrives within the estimated timeline on the invoice. We are neither liable nor responsible to re-do, refund, or discount any orders that contain mistakes where those orders were processed as a result of a customer failing to provide Swoze.Com with his/her approval of the order confirmation/invoice within 24 hours of its automated email delivery.
We will not be held responsible for failure of any email communication to you either due to incorrectly spelled email addresses, non-working email address, or spam filters that prohibit our emails from reaching you. Check your spam or deleted folders to ensure that these important emails are not blocked due to firewalls or spam filters on your computer.
Unless otherwise indicated above, all orders go into production the following business day of the payment transaction. No faxed/emailed POs will be referred to by the customers PO number. We will only refer to our order number.
CHANGING, CANCELLING, OR RE-ORDERING
Changing the order includes correcting a misspelling or message. Any order that is "In Production" cannot be changed. Phone orders can only be changed prior to payment. Online orders can ONLY be changed within 5 minutes of the order being placed. While we may attempt to incorporate the changes customers have notified us of, we cannot guarantee, under any circumstances, that changes will be made after an order is placed.
NO CHANGES, whatsoever, will be accepted on Rush Orders.
All phone orders, once payment is made, cannot be canceled, and such sales are final. Online orders cannot be canceled. Rush orders of any kind cannot be canceled. In short, once the production of an order begins, barring an exceptional circumstance, no change can be made, and the order cannot be canceled.
Under exceptional circumstances, if a cancellation request is approved, the order is subject to a minimum $40 processing fee. The cancellation fee will be decided based on the current processing stage of the order.
If there is a cancellation request on your order, please frequently follow up and respond to all updates from our team within the provided timeframe. Otherwise, the production on your order might be resumed according to the originally approved options to avoid further delay.
If there is any uncontrollable factor such as natural disasters or other unexpected events, there might be delays in processing and delivery of an order. We will not be able to cancel the order if the production has already finished.
A repeat order (or "re-order") may not bear the exact product color, font size, or ink color as the "original" order. The artwork size or the engraved level of a re-order may also not match the artwork size or the engraved level of the original order. This is due to each order having a new mold and screen, as we do not keep molds or screens on hand. Repeat or re-orders are also subject to Color Matching constraints. Prices may change between re-orders.
All production timelines reflect business days. Production time estimates do not include any shipping timelines. Therefore, you must account for both shipping and production timelines to estimate an accurate delivery timeframe. The respective production and shipping deadlines will begin on the date your order is confirmed—and when any pending issues with your order are resolved. When you request a digital proof, the production time for your order will begin upon approval of the sample or proof. Therefore, the timeline may be delayed several days past the original estimate.
In most instances, you will have the option to set how quickly you would like to receive your order. Your choice should reflect your "in hands" date, and we will do our utmost to stay within the given timeframe. Please note that we are not responsible for late receipt of any order due to any unforeseeable circumstances (e.g., a lengthier proofing time, out-of-stock products, printing, weather-related issues, or delays on behalf of the shipping company).
Our Standard Production time is typically estimated as 7 business days. However, your order will not be considered late, if production has exceeded 7 business days. If, for any reason, the order was placed during one of our Chinese Holiday Production breaks, Standard Production can be delayed up to an additional 7 business days.
Rushing an order's production is the only way we guarantee a production time. If an "in hands" date needs to be met, this option should be selected. For all orders, the cut-off time for next-day production is 10 AM EDT. If your order is placed after 10 AM EDT, we cannot guarantee it will enter into production the following day.
Our products are created on demand, which means that your product will go into production shortly after your order has been processed. Most of our products are delivered within 2 weeks from the time you place your order to the time it takes to arrive at your door. Any time quoted for delivery is an estimate only; provided, however, that Swoze.Com shall use commercially reasonable efforts to deliver all merchandise on or before the stated delivery date.
Our products are made and shipped to countries globally. We ship to addresses located in the United States and internationally using our preferred carriers, including USPS and FedEx. Please note that sometimes our products are shipped to our customers via UPS, DHL, or even private carrier if the address given cannot be delivered by one of our preferred shippers.
For certain fragile or easily deformed products or exceptionally large order quantities, we will use LTL Freight Shipping to deliver your order(s) to ensure the products will arrive to you in their best undamaged conditions. Address changes/corrections are not available for LTL Freight shipments. Any additional delivery surcharge incurred such as Lift Gate, Inside Delivery, Redelivery, etc. will be responsible by the recipient of the shipments.
All shipping time estimates are calculated in business days. All shipping prices are listed for the continental U.S. and exclude Alaska, Hawaii, and Puerto Rico. Shipping to those locations may include additional charges.
Swoze.Com will not be held responsible either in the event the customer is not available for delivery or the customer refuses delivery. If a substantially large order requires inside delivery or a residential delivery, please specify that information when placing the order. You must have and include a physical address with your order, as some carriers (e.g., FedEx and UPS) do not ship to P.O. boxes.
Ground Shipping will take anywhere between 3 to 7 business days when shipped inside the continental U.S.
Rush Shipping will guarantee the order is received within the selected timeframe, after production is concluded. When you place a rush production order, but then opt for "normal" or "ground" shipping method, please be advised that the delivery date will only be "estimated" and is not guaranteed, as shipping companies do not offer guarantees for ground shipping.
If we fail to meet a promised delivery date on a rush production order with expedited shipping, but you still accept the order, we will issue you a credit for the difference between the rush production or rush shipping option that was not met. Please note that once you submit your order, any changes, delayed artwork submissions, or delayed proof approvals will void our guarantee policy.
For International orders, we offer USPS International Priority, which gets the order to our international customers in about 15 business days from the time the order is placed. Orders shipped to international addresses may incur an additional handling fee at checkout for certain products, such as silicone wristbands, Tyvek® wristbands, vinyl wristbands, etc.
Important notice for our International Customers – Including Hawaii / Alaska / Canada / Puerto Rico.
All international shipping is based on a flat fee. For orders shipping outside the U.S., including Hawaii, Alaska, Canada, and Puerto Rico, local duties and/or taxes may be assessed upon delivery. These fees are not charged by Swoze.Com during checkout, and the import taxes/duties will not be included in your order. International customers are solely responsible for paying any necessary import taxes or duties on orders to custom authorities. Please consult your local customs office to determine these charges. We are not responsible for these duties and/or taxes.
Note that delivery dates for orders being shipped outside of the U.S. are essentially "estimates". In no event will Swoze.Com be liable for any consequential damages arising from delays in delivery.
If a customer completes a purchase wherein an order is to be shipped internationally, but that customer did not select/pay for additional international shipping costs, the following process occurs. The order will go into production, and, upon its completion, it will be held by us for six (6) business days. During that time, we will try to reach respective customers to inform them that they have not yet paid for international shipping and will need to do so before their order is shipped. After six (6) business days, if we cannot reach a customer, we will proceed to charge the customer the international shipping amount and ship the order internationally, as requested. Please note that our call center cannot make out-going international calls. Therefore, customers outside of the continental U.S. will need to call our call center or communicate with 24HourWristBands by email.
Please carefully review any address you provide to us for shipping and billing purposes to ensure the accuracy of all addresses associated with your order. We will not be held responsible for any delivery issue or delay caused by an incorrect or incomplete address.
Any address change or correction requested after the order goes into production might not be guaranteed. In any event, you will receive a written record of your address change request (whether made in writing or over the phone) via email or a support ticket. Your review and confirmation are strongly recommended. An additional fee of $35 per tracking number will be automatically charged to the original payment form, if the shipping carriers such as, FedEx, UPS, DHL, USPS, etc., identify an incomplete or incorrect address and successfully make the correction for the shipment delivery. Therefore, upon receiving the order confirmation, please review all information carefully and contact us immediately if any corrections are to be made.
Shipping/Handling Insurance is available for purchase and provides coverage relating to damages arising out of the packaging, handling, transit, and delivery of orders. Such coverage provides for the potential reimbursement and/or re-production of the order. Claims regarding other issues—not related to damages due to packaging and handling—are not covered under this insurance option.
For additional information, please see our FAQ page.
Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the customer, even without a signature.
PRODUCT CUSTOMIZATION OPTIONS
Upon customizing your product, you can opt for your ordered products to be printed/decorated in the United States, or you can select an option for your order to be printed/decorated in China. Selecting to have your order customized in China does not always mean the order will be printed/decorated in China. Rather, that option allows us to print/decorate the order in either country, while the only way to guarantee that an order will be printed and decorated in the United States is to add the United States customization option to your order.
RETURNS AND REFUNDS
Please check your order immediately upon receipt. All claims must be reported within sixty (60) calendar days upon receive of goods. Should you file a claim within sixty (60) calendar days of your receipt of your ordered goods, we will process that claim and send you a resolution. Resolutions will be sent via e-mail. You will then have ten (10) business days upon the delivery of that resolution to confirm the resolution or take any additional prescribed action. If we do not hear from you within that period of ten (10) business days, your claim will become invalid.
Due to the customized characteristics of the products, we cannot restock customized products. Therefore, we do not allow cancellations, exchanges, or refunds. If upon delivery of the product you feel that your order was incorrect due to error on our part, such as a misspelling, the wrong color, item size, or design, please email us within sixty (60) days of your delivery. Claims will be handled on a case-by-case basis. You acknowledge and agree that goods produced by us for you are bespoke, custom-made goods. Other than where goods are faulty, you have no right to cancel any order or return any goods and all orders are final.
By making the purchase you acknowledge and agree that the goods are bespoke, and made specifically for you, they are custom-made goods, and are produced only after your purchase has been made and confirmed. Oftentimes, prior to your purchase, no stock of the purchased goods exist. Furthermore, based on the information written above—and unless otherwise indicated—you acknowledge and agree that your rights to make changes or cancellations are within 24 hours from your purchase confirmation. Once the 24 hours has elapsed and your purchase goes into production, your rights to make changes or cancellations are forfeit. Other than where goods are faulty, you have no rights to cancel any order or return any goods purchased and all orders are final.
Returns are handled on a case-by-case basis. If you receive merchandise that you believe is defective or of unacceptable print quality, you can use our online ticketing system to send us three or more pictures of the product within sixty (60) days of delivery. For claims regarding issues with colors, we will require a sample to be mailed to us. Please provide pictures from different angles for clear verification. We will have a Claims Representative review the reported issue, and, upon verification of an error, we will make every attempt to promptly re-do the order exactly as you had originally requested and in accordance with standard production and shipping timelines. We will not change the product, the logo/artwork, or the imprint color when processing the re-do. Note that you may request expedited shipping of a re-produced order for an additional charge. Any request for a re-do or refund beyond sixty (60) days after delivery will be denied.
When a re-do is no longer practical or even feasible (either due to event date timelines, stocking or quantity issues), 24HourWistbands.Com will issue a store credit for up to the same value as the original order, minus any shipping fees. Shipping charges will not be credited back, as those charges are made on behalf of the shipping company. The store credit may be treated as cash, and it may be used at any time and on any product we stock.
We only provide refunds for custom products if a Claims Representative determines that we made a mistake on the order that cannot be remedied by a re-make. In some instances where we do not determine that we are at fault, we may, within our discretion, grant a courtesy refund, not to exceed the shipping cost you paid for your order. This also applies to discretionary cancellations that we grant after an order is already in production. If a cancellation is requested after an order is already in production and in the process of being customized, we may grant a courtesy refund of the shipping cost.
Blank products can be returned to us for a full refund minus the shipping cost. You will also be responsible for the shipping costs of returning the order to us.
Any order with used or distributed products is not eligible for refunds or a money-back guarantee.
Qualified Claims and Requests will be refunded back via the original payment method. No credit card or check refund will be available for transactions that are more than 90 days’ old. Only store credit can be offered at that point. Each check refund will incur a $25 processing fee, which will be deducted from the qualified refund amount. If your order is originally paid with a combination of payment methods, such as Store Credit, Reward Credits, Credit Card, and/or Check, you will receive a refund or credit back to the original payment method(s), for transactions within 90 days’ old. If the order originally paid with a combination of payment methods and qualifies only for a partial refund or discount, we will issue a refund in the following priority: Store Credit, Reward Credits, Credit Card, and Check.
If your order is being returned due to any reason, the package(s) will be kept in the facility for 20 days and will then be recycled or donated. Any reshipping request when the order is still in facility will require a re-shipping fee. Any re-shipping request after the order has been recycled or donated will require a new order to be placed and paid for.
We will re-produce an order upon receipt/confirmation that a shipment was lost by the carrier. The order will be re-done in the same manner the order was originally placed.
Return of your purchase is permitted ONLY when the goods delivered fall under the following criteria:
- The message/artwork does not match the order;
- The item is the wrong size from the one ordered;
- The item is the wrong color from the one ordered;
- The item is the wrong design from the one ordered; and
- The item is the wrong style (e.g., long sleeve shirt instead of tee shirt) from the ordered.
If the goods delivered to you fall under one of the criteria noted above, please follow below steps to request return:
- You must submit a request for a return within sixty (60) days after you receive your product(s);
- After the sixty (60) days have elapsed, you acknowledge that your rights to return are considered forfeit; If product(s) are returned prior to submitting your request, those product(s) are considered forfeit;
- The request can be made through our ticketing system, found here: Contact us, or by emailing us at [email protected]; and
- The package should be returned to our processing warehouse at: 14550 Beechnut Street, Houston, TX 77083.
Pursuant to industry standard, if the quantity to be replaced is LESS than 10% of the entire order, volume-wise, we reserve the right to process a credit for that amount, rather than undertaking a re-do for that portion. That is, no re-dos will be permitted for missing or defective products, if the amount in question is less than 10% of the order’s total volume.
For additional information, please see our FAQ page.
DEFAULT PRINTING STANDARDS
All font sizes vary. We use Arial as a default, given its legibility. In most cases, we can also use any font on file or provided to us by the customer. In any order that product information is missing, we try to contact the customer for verification. If we do not receive a response within 24 hours, we will proceed with our default options. The default font type is Arial Bold. Font color will be Black. Multi-color bands will be Segmented, and the band size will be Adult.
NOTE: Some font sizes will be smaller than others. Some symbols and special keyboard characters of certain fonts might be unavailable or different from the standard fonts. We are not responsible for the final outcome of a smaller font or different appearance of the special keyboard characters. Special keyboard characters and fonts will be reflected in a preview, and how they are reflected in the generated preview will be commensurate with how they appear on the final product.
Please understand that we cannot guarantee the artwork will print on the exact same location from piece-to-piece of the same order. The printing location might be slightly shifted and thus different among the products of the same order. Most of the time, this will not be noticeable due to the small margin mismatch. This is common in the industry, and minor visual imperfections should not be considered as defective or flawed items. Similarly, variations between an image of a product on the Website and the finalized product will occur. We cannot guarantee that an ordered product will appear as an exact replica of an image of the product that is posted on our Website.
The imprint area or imprint size on the Website is the maximum printable area. The artwork could be extended to reach the maximum printable area, if specifically requested on the comment section of the order. Without leaving any specific instruction, the design and production teams will print the artwork in an appropriate scale/proportion that would ensure the most optimal printing outcome within the imprint area. It may or may not be extended to the maximum printable area.
All printable area comes in a closed area of the maximum printable width and maximum printable height for the artwork. The longest edge of the artwork could be fitted within the corresponding edge of the printable area, and the whole artwork will then be scaled proportionally to fit within the remaining imprint area. For example, if your text or artwork is 3 Inches Width x 1 Inch Height and the imprint area is 3 Inches x 3 Inches, your text or artwork will be proportionally scaled to fit within the imprint area and printed out as large as 3 Inches Width x 1 Inch Height, as it has reached the maximum printable width, where increasing the height will cause the artwork to be partially cropped out due to exceeding the maximum printable width.
PRE-PRODUCTION SAMPLES, COLOR MATCHING, PROOFS, AND ORDER PREVIEWS
We cannot provide a custom sample at no charge. If a pre-production sample is needed, it will be treated as an order and the final order will be subject to Color Matching considerations/constraints.
Exact Color Matching System by Pantone Colors ("PMS") or Hex Color Codes are not available. We try to match your color selections as closely as possible, using PMS Numbers or Hex Color Codes as a reference only. An exact match cannot be guaranteed for some products, such as silicone wristbands, lanyards, can coolers, buttons, coasters, napkins, etc. and especially for Custom Colors. In-stock colors may also not be an exact match from even a past order and might also be slightly different within the same order. We will still do our best to match colors. Slight color differences/variances are not grounds for re-dos or refunds, nor are they considered defects.
Proofs and order previews from our Website enable you to preview and approve a product to make sure the artwork or design comes out as expected. These previews, which are merely computer-generated images, will not necessarily depict the final product exactly as it will be upon production. Proofs or order previews from our Website are just approximate previews and do not guarantee an exact match. For certain products, the proofs and order previews will not reflect actual proportions/dimensions. The actual print location on the finished products might be slightly adjusted to fit the actual printable area of the products. The actual colors might look a few shades darker or lighter due to the difference in monitors’ resolutions and due to the actual production color mixture.
The proofing process is not contemplated in the Production and Shipping timeline estimated by our Website. If a proof is requested, Production Time and Shipping Time will not begin until the customer approves the proof and fully pays for the order. This is why requesting a proof usually adds several days to the overall order timeline. If an order is required to be delivered by a specific date, a proof may delay production, thus jeopardizing your chances of receiving the order in a timely manner. We will not be held responsible for any resulting delays on such orders. If you request a proof, please check your e-mail inbox often, as well as your spam folder, so you can promptly review and approve the proof.
The cost of a proof is $20. It is non-refundable, even when the order is cancelled or refunded. Proofs are not intended to be "decision making tools" for customers. There will be no option to cancel an order simply because the proof does not meet your expectations. Please do not place an order merely to obtain a proof, as the order will be binding.
In certain cases, we will begin the production before a proof is approved. Proofs will only be produced more than once if our Art Department makes a mistake on the previous attempt. Proofs do not override what is reflected on your invoice.
Please note that the products we carry are intended purely as promotional items. Products that have minor imperfections visually or in size are not considered defective or flawed.
Due to the nature of the product materials and ingredients, each product type may have their own typical smells. This is totally normal and common within the industry, so the products will not be considered as defective. Most of the time, the smells will not be noticeable and should not be of concern by any means. However, some consumers who are especially sensitive to some certain distinctive smells might find them unpleasant. For example, a silicone smell from the silicone wristbands is an unavoidable factor, as silicone is the major required component to make the silicone wristbands.
EXTENDED PRODUCT POLICIES
INK-INJECTED | PRINTED COLOR WRISTBANDS
Imprint colors must be carefully chosen. We recommend that you choose light color inks to be printed or injected onto dark color bands, as this provides more contrast than a dark-colored imprint on a dark-colored silicone rubber bracelet or a light-colored imprint on a light-colored band.
Any order that is ink-injected or printed that has the same band color as the font color (e.g., a red font color on a red band) will be made as is. If this is not what the customer intended, customers who placed such an order can contact the customer service department to make the change within 5 minutes. All requested changes will be noted, but not guaranteed.
Phone orders that are not yet approved can be corrected; however, phone orders that have been approved and that request changes will be noted, but not guaranteed.
Please Note: Printed wristbands are used best as promotional products. In time, they do fade. To minimize fading, we recommend ink-injected wristbands.
GLITTER WRISTBANDS & GLITTER INKS
The glitter effects come from the tiny and thin, glittered powder, which coat is applied as the final production step of the wristbands. Thus, the glitter powder can come off easily under direct physical contact, such as from rubbing. Therefore, such direct physical contact should be avoided. In instances where the glitter powder comes off from direct physical contact, the bands will not be considered defective.
The Metallic Wristbands are, in most cases, used as promotional items, as they do fade. The metallic layer of the wristbands has to be coated later for the glitter/metallic effect. Since the metallic coating is just an additional layer to the wristband's base, it will eventually fade after being worn. The duration of fading varies, and it depends on the consumer's daily activities. Please understand this is an uncontrollable issue, and thus the bands cannot be returned or remade, since they would not be considered defective.
A Color Coat wristband has a color on the inside of the band and a second color that is printed on the outside of the band. When we mold your message onto the band, the bottom color of the band shows through and displays your message more vibrantly.
Please Note: The Color Coat wristbands are, in most cases, used as promotional items, as they do fade. In some cases, the bands will start to fade in less than 2 weeks. Such fading is not considered a defect. We recommend Ink-Injected Bands for long-term use, as they have a longer lifespan.
SWIRL | SEGMENTED WRISTBANDS
Swirl-type Wristbands feature a random mix of colors that result from the colors that were selected. For example, a yellow and blue swirl will have some green mixed in the band. This effect cannot be controlled, and is not considered to be a defect.
Segmented Wristbands have two or more sections of solid colors on the band. In some cases, this results in a blending of the colors at the location where they meet. For example, red and white segmented bands might have a hint of pink at the junction of the two bands. This effect cannot be controlled and is not considered a defect. The precise location of any message on the wristbands cannot be guaranteed. Similarly, we cannot promise a precise pattern or match of color sequences for bands with more than two colors.
Our silicone Glow Wristbands will appear lighter in color, in comparison to our regular solid wristbands of the same color. That is due to the glowing properties added into the silicone mixture. The Glow Wristbands will glow brightly in green when the light goes out. The glowing effect requires intensive sunlight absorption to activate and recharge for multiple uses. The longer the wristbands are exposed to direct sunlight, the brighter they will glow.
TYVEK® | PLASTIC | VINYL WRISTBANDS
Tyvek®, Plastic, and Vinyl Wristbands are made to be used for one-time events. Once the wristband is attached, it cannot be unattached and re-used. Tyvek® Wristbands are water resistant, but colors might fade. While the Plastic and Vinyl Wristbands are waterproof, their logos might fade over time with extensive use.
Even though we always aim for the most natural ingredients, your body might still have some allergic reactions to certain ingredients. If you are or believe you might be sensitive to any ingredient, we would kindly suggest you to test them on a small patch of skin, first, before you start using the products regularly.
Please note that all lip balm labels will have a line on the bottom saying the lip balms are distributed by us—from our Houston location. This information is required by law and cannot be removed under any circumstance and without any exception.
Pulpboard Coasters are designed to absorb water droplets from drinkware placed on top of them. Their absorbent nature helps maintain the cleanliness of any surface underneath. However, these coasters are not waterproof. Any heavy or long exposure to liquid, such as soaking them in water or leaving them under the rain, may damage the coasters.
Due to the uncoated and absorbent nature of pulpboard material, printing details may appear muted and not as crisp in comparison to printing on regular paper. This inherent printing outcome for this type of product cannot be considered a defect.
When an order requests printing on both sides of pulpboard coasters, please note that the printing may not line up head-to-head on all pieces. If artwork requirements need both sides to be oriented in a specific manner, please specify that requirement in the order's comments and coordinate with our team accordingly.
While Hand Sanitizers provide many important health benefits to prevent the spread of germs and harmful bacteria, they are considered to be flammable substances, due to the amount of alcohol contained in the products. Therefore, they can only be shipped with Ground or Standard delivery options. Express shipping services may not be available for Hand Sanitizers.
FACE MASKS - FACE COVERING PRODUCTS
Our face mask and coverings are not FDA-cleared and are not authorized as personal protective equipment (PPE). Nor are they substitutes for filtering face-piece respirators or surgical face masks.
The reusable cloth face masks and coverings are intended purely for promotional and general-use purposes. We strongly recommend to hand wash them in cold water and hang dry to maintain the optimal print quality.
In order to initiate the embroidering process for embroidered products, we will need to digitize your design to convert your artwork into a stitch file for our machine. Thread colors may differ due to computer screen configuration. Therefore, it is strongly recommended to provide high-quality artwork for an optimal digitizing result.
Due to the limitation of the embroidering process, complex artwork with fine details, narrow space between details, and thin lettering may not be ideal for embroidery.
Customers should review and verify that their orders and artwork therein provide accurate spelling, color, sizes, art placement. Customer assumes full responsibility for all approvals made via phone calls, support tickets, and/or emails.
Due to the nature of plastic material, there might be some visible blemishes and minor scratches on the surface of the stadium cups upon receipt. These minor imperfections are common in the industry and are unavoidable during the manufacturing process of the cups. We can confidently ensure they do not affect the product quality or the print quality on the cups.
DISCLAIMER OF WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with NetBrands Media Corp., d/b/a Swoze.Com and limits the manner in which you can seek relief from us. You agree that any dispute or claim relating to any Swoze.Com product or service (including any Swoze.Com policy), or any aspect of your relationship with Swoze.Com, will be resolved by confidential binding arbitration, rather than in court, except that: (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; (2) Swoze.Com may assert claims in a court of competent jurisdiction relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (3) Swoze.Com initiate an action in a court of competent jurisdiction seeking a temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement or to prevent an infringement of a third-party’s rights or our intellectual property rights.
IF YOU AGREE TO ARBITRATION WITH Swoze.Com, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST Swoze.Com ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST Swoze.Com IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
Required Pre-Dispute Procedures. Before initiating an arbitration proceeding, either party must provide the other a notice of claim describing the dispute, includes all relevant documents and information, and details a proposed resolution. Any notice of claim can be sent to: Swoze.Com Legal Department, 14550 Beechnut St. Houston, TX 77083. Swoze.Com will contact you by letter at the billing address and email address you provided during account registration. If the parties cannot resolve the dispute within 60 days after receipt of the notice of claim, the following dispute resolution provisions govern any future arbitration proceedings.
Limitations Period, Commencing Arbitration, Applicable Rules. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must submit a written demand for arbitration with the American Arbitration Association (“AAA”) and provide copies to Swoze.Com within one of the claim giving rise to your dispute occurred. The one-year period includes the sixty-day, required pre-dispute resolution procedure outlined above. You agree that any claim asserted after the one-year period will be forever barred. Disputes between individual consumers and Swoze.Com will be governed by AAA’s Consumer Arbitration Rules. Disputes between Swoze.Com and businesses involving claims and counter claims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to AAA’s current version of the Expedited Procedures for arbitrations under the Commercial Arbitration Rules; all other disputes shall proceed under the AAA’s standard procedures for commercial arbitrations. AAA’s rules are available at www.ADR.org.com/rules or by calling 800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the applicable AAA Rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Arbitrator’s Authority. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Swoze.Com. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and Swoze.Com’ Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Class Action Waiver. YOU AND Swoze.Com HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Swoze.Com are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in this section. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding anything to the contrary herein, (a) representative action for public injunctive relief may be arbitrated on a class basis and (b) in the event that the foregoing sentence is deemed invalid or unenforceable with respect to a particular class or dispute for recovery of damages, neither You nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth in the Exclusive Venue Section below.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Swoze.Com, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) any content you submit or post; (2) your use of, or connection with, Swoze.Com’ website; (3) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (4) your breach of any representations or warranties in this Agreement; or (5) your violation of any law or the rights of a third-party.
THIRD-PARTY WEBSITES AND LINKS
Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
Swoze.Com may use testimonials and/or product reviews in whole or in part together with the name and state/country of the person submitting it. Testimonials may be used for any form of activity relating to Swoze.Com’ products, in printed and online media, as Swoze.Com determines in its absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our products or services.
Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential 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, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
Additionally, Swoze.Com reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Swoze.Com shall be under no obligation to use any, or any part of, any testimonial or product review submitted. If you submit a testimonial, you are confirming that you have read, understood and agree to these Terms. If you disagree with any part of these Terms, do not submit a testimonial.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
This Website maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
NetBrands Media Corp.
Attn: DMCA/Copyright Agent
14450 Beechnut St.
Houston, Texas, 77083
Email Address: [email protected]
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
When placing an online order, you have the option to attach your own artwork. When placing a phone order, any artwork that you want on your product must be e-mailed to a customer service representative. In the event of missing artwork, we will make several attempts to contact the customer. Therefore, we will not be held responsible for a delayed product production or delivery due to missing artwork.
We can only use standard alphabetical character. For accent marks, windings, weddings, unicode symbols or languages other than English, your message will need to be submitted as artwork or clip art, rather than text or text instructions. We will not re-do, refund, or cancel any order if this option is utilized.
When the artwork submitted by a customer is deemed unusable by our art or production departments, we will contact the customer via e-mail and/or telephone to inform them that we need to alter, remove, or replace the artwork in order to proceed with production. Please respond to these inquiries as soon as possible. If we do not receive a response within 72 hours, we reserve the right to use our best judgment to alter or remove segments of artwork—or remove entire logos—in order to proceed with production
Customers will assume complete responsibility to obtain all required permissions for the legal reproduction of logos, trademarks, copyrights and from local or government authorities for the use, display, and distribution of the products. By agreeing to print any submitted artwork, Netbrands Media Corp., doing business as Swoze.Com, will not be held liable under any circumstances.
USER-PROVIDED CONTENT FOR CUSTOM ORDERS
As a material condition to: (1) use this NetBrands Media. Corp. d/b/a Swoze.Com platform; (2) upload an image to the Swoze.Com Website; and/or (3) request that Netbrands Media Corp./Swoze.Com print any image onto a product, you hereby certify and/or agree on your own behalf and on any business you own, control, or support in connection with use of the Website (collectively, “User”) to the following terms.
You agree that you are the owner, or licensee, of all rights (the “Licensed Rights”) associated with any created or uploaded artwork or text, including but not limited to, the trademarks, service marks, and copyrights, that may be associated with said material. If you are not the owner, you agree to provide NetBrands Media Corp., doing business as Swoze.Com, with evidence of the permission given to you by the owner.
You agree that the text and images featured in the created merchandise do not infringe upon the rights of any third party.
You understand and agree that we reserve the right to remove any content that may be considered to promote hate, violence, racial intolerance, or the financial exploitation of a crime.
You understand and agree that we may, in our sole discretion, release your contact information to a third party that satisfactorily alleges, pursuant to our Intellectual Property Complaint Policy below, unauthorized use of its intellectual property. While we have no obligation to monitor our users’ transactions/uploads on our Website, we reserve the right, in our sole and absolute discretion, to block, remove, or limit access to any content from the Website at any time, without notice, and without any liability to users or any third party, including, but not limited to, communications or materials that it determines to be: (a) abusive, defamatory, inflammatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, or other intellectual property rights of another; or (d) offensive, invasive of privacy or publicity rights, or otherwise unacceptable to us.
Upon our receipt of an allegation of infringement that comports with our Intellectual Property Complaint Policy, in our sole discretion, your order may be subject to immediate cancellation or suspension, and/or termination of your account with NetBrands Media Corp./Swoze.Com.
We do not and cannot review all communications and materials posted to or created by users accessing the Website, and we are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Website, we are merely acting as a passive conduit for what is uploaded, printed, or otherwise distributed through the use of our Website and undertake no obligation or liability relating to any of our users’ content or activities on the Website. As creators and owners of the content they upload to the Website, users, not NetBrands Media Corp., doing business as Swoze.Com, are ultimately responsible for the content.
Specifically, we do not select, modify, or otherwise exercise control over the content our users upload, beyond the general operation of the Swoze.Com website. Users unequivocally represent and certify that they have all necessary rights and authority to agree to the Terms and enter into this Agreement, and that their exercise of the rights granted thereunder will not violate the intellectual property rights (or any other rights, without limitation, privacy-related rights) of any third party, including, the original owner of such rights. In additions, all users represent and warrant that all images and content they upload to the Website complies with all applicable laws (including without limitation, intellectual property, advertising, and consumer protection), ordinances, regulations, and licenses. Users represent there are no claims, demands, or any form of litigation pending, or to the best of their knowledge, threatened, with respect to any of the content they have or will upload to the Website.
We do not review the content users upload or store on our Website prior to the time it is uploaded, nor do we actively participate in or supervise our users’ file upload, preview, or selection processes. While we may lack the practical ability to actively screen out, identify, or police potentially infringing content that users upload to our Website, once we have sufficient notice that specific infringing material exists, we are committed to taking immediate measures to investigate, address, and prevent further infringement complaints. We have a system in place to remove any infringing content and infringing users promptly upon receipt of sufficient notice. We will cease providing service to any user in the event that it has sufficient notice that a user is infringing another’s intellectual property rights.
To the extent a user violates this Agreement or the obligations under these Terms, its account is subject to termination and may be liable for any and all consequences resulting from such violation of this Agreement, including, without limitation, liability for monetary damages to third parties. Users shall indemnify, defend, and hold harmless NetBrands Media Corp., its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to User’s use of the Swoze.Com Website.
In the event Netbrands Media Corp. determines in its sole and exclusive discretion that user may have committed any intellectual property infringement or otherwise breached any contractual obligation owed to Swoze.Com, the user shall be deemed to have forfeited to Swoze.Com all funds previously paid to 24HourWirstbands.Com without recourse, and Swoze.Com shall have the right to terminate users’ access to the Website and the right to terminate any service to users, including by ceasing printing or product fulfillment. Nothing herein limits Netbrands Media Corp., doing business as Swoze.Com’ rights or remedies against its users./p>
INTELLECTUAL PROPERTY COMPLAINT POLICY AND COUNTER-NOTICE POLICY
It is Swoze.Com d/b/a Swoze.Com’s policy to block and remove any content that it believes in good faith infringes upon the intellectual property rights of third parties.
If you believe that your intellectual property rights have been infringed upon by a user of this Website, please notify Swoze.Com at [email protected] You must include within your notification the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that you allege is being infringed;
- The URL to the Swoze.Com product(s) used in connection with the sale of the allegedly infringing merchandise;
- Identification of the copyright, trademark, or other rights that allegedly have been infringed, including proof of ownership (such as copies of existing trademark or copyright registrations);
- Your full name, address, telephone number(s), and email address(es);
- A statement that you have a good-faith belief that use of the material in the URL submitted is unauthorized by the rights owner, or its licensee, and such use amounts to infringement under federal or state law; and
- A statement, under penalty of perjury, that the information in the notification is complete and accurate and that you are authorized to act on behalf of the owner of the intellectual property or other right that is allegedly infringed.
If you believe that a claim of intellectual property infringement was filed by mistake or misidentification, you may file a counter-notice. If you materially misrepresent in your counter-notice that your design is not infringing upon the intellectual property, you may be liable for damages to the intellectual property owner (including costs and attorneys’ fees). Therefore, if you are unsure whether or not the material infringes on the intellectual property, please contact an attorney before filing the counter-notice. The counter-notice should be submitted to [email protected] and must include the following information:
- Your physical or electronic signature;
- Your full name, address, telephone number(s), and email address(es);
- Identification of the material and its location before it was removed, either by URL to the Swoze.Com product(s) used in connection with the sale of the allegedly infringing merchandise;
- A statement under penalty of perjury that the claim of intellectual property infringement that led to the removal or blockage of access to material was filed by mistake or misidentification;
- Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and
- Your consent to accept service of process from the party who submitted the takedown notice or an agent of that party.
If you submit a counter-notice, a copy of the counter-notice may be sent to the complaining party, informing the complaining party that NetBrands Media Corp. d/b/a Swoze.Com may replace the removed material or cease disabling it in 10 business days. Unless the intellectual property owner files an action seeking a court order against you, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice.
If we receive repeated notices that you have posted others’ intellectual property without permission, we may terminate your account. Swoze.Com has a system for keeping track of repeat violators of intellectual property rights of others, and determining when to suspend or terminate your account.
Swoze.Com reserves the right to terminate accounts that act against the spirit of the Terms of Service, regardless of how many strikes are involved.
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You may not assign any of your rights under these Terms, and any such attempt will be null and void. Swoze.Com and its affiliates may, without further consent or notification, and in their individual discretion, transfer, assign, or delegate, all contractual rights and obligations pursuant to these Terms.
No waiver by Swoze.Com of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Swoze.Com to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
RELATIONSHIP OF THE PARTIES
No joint venture, partnership, employment, or agency relationship exists between you and us as a result of you receiving a product from us or from using this Website.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
GOVERNING LAW/EXCLUSIVE VENUE
These Terms, including the Arbitration Agreement and the arbitrator’s authority thereunder, shall be governed and interpreted in accordance with the substantive law of the State of Texas, without regard to conflicts of law principles. The parties consent to, and forever waive any challenge to the exclusive personal jurisdiction and venue of the state and federal courts located in Harris County, Texas. Each party agrees that any such court shall have in personam jurisdiction over such party and consents to service of process by notice sent to the address set forth above and/or by any means authorized by law.
In the event that we terminate this Agreement, Sections 2-5, 19-25, 27-37, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and Swoze.Com, and supersedes and replaces any prior or contemporaneous agreements (written or oral). The Agreement should be construed as if both you (customer) and Swoze.Com (inclusive of its affiliates NetBrands Media Corp. and Lightbeam, Inc.) jointly wrote all terms set forth herein. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
QUESTIONS OR ADDITIONAL INFORMATION
If you have questions or need assistance, please contact our customer support team by phone or email. Also, please review our FAQ page for assistance with common questions.
14550 Beechnut Street
Houston, Texas 77083
Email: [email protected]