Get Out’s service is located at getoutclothing.com and is operated by Wargny Mac-Namara Limitada at Santiago, Chile, and its subsidiaries (collectively, “Get Out”, “Streets”).
Use of the Get Out Service
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Please immediately notify Get Out of any unauthorized use of your password or account or any other breach of security.
Please remember that Get Out has no control over the way Social Networking Services use, store and disclose your information. Please review their policies to understand their privacy-related practices. Get Out also has no control over the content made available through any Social Networking Service. Please review their policies to understand their content-related practices. Teespring does not have any liability or responsibility for the acts or omissions of any of the Social Networking Services accessed through the Get Out Service. Get Out enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Age Requirement: If you are under 13 years of age, you are not authorized to use the Service. If you are under 18 years old, you may use the Get Out Service only with the approval of your parent or guardian.
Applicable Laws: In connection with your use of the Get Out Service, you will comply with all applicable laws, regulations and industry standards.
Intellectual Property Complaints
Infringement Claims by Third Parties: Get Out takes any allegations of infringement seriously. If Get Out receives any complaint or allegation that any resulting merchandise constitutes an unauthorized use of a third party’s rights, Get Out will terminate the design, in its sole discretion.
Get Out will consider complaints of possible infringement only from parties that own, or have the exclusive right to exploit, the applicable intellectual property. If you believe that a Get Out design has infringed upon your rights, please notify Get Out through our Intellectual Property Claim page. You may also contact us by mail at the address provided at the end of these Terms of Service, attention Legal Department.
You must include with 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 Get Out design(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 subsisting 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 copyright or other right that is allegedly infringed.
Payment: If you purchase any merchandise through the Get Out Service, you will be required to provide Get Out information regarding your credit card or other payment instrument. You represent and warrant to Get Out that such information is true and that you are authorized to use the payment instrument. You will be responsible for all taxes associated with your purchase of merchandise through the Service.
Loss and Cancellation: Title and risk of loss for all merchandise ordered by you will pass to you on our delivery to the shipping carrier. We reserve the right to cancel any order for any merchandise for any reason.
Returns: 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.
Waiver: Your purchase of an item using the Get Out Service constitutes a waiver of any and all intellectual property, proprietary, personal, and privacy claims relating to that purchase.
Get Out’s Proprietary Rights
Service Content, Software and Trademarks: You are only authorized to use the Get Out Service for the purpose of engaging in business transactions with Get Out. You may not use any automated technology to scrape, mine or gather any information from the Get Out Service or otherwise access the pages of the Get Out Service for any unauthorized purpose. If you are blocked by Get Out from accessing the Get Out Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). The technology and software underlying the Get Out Service or distributed in connection therewith are the property of Get Out, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Get Out.
The Get Out Service may contain images, artwork, fonts and other content or features (“Service Content”) that are protected by intellectual property rights and laws. Except as expressly authorized by Get Out, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the Get Out Service or the Service Content, in whole or in part. Any use of the Get Out Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Get Out.
The Get Out name and logos are trademarks and service marks of Get Out or Streets (collectively the “Get Out Trademarks”). Other company, product and service names and logos used and displayed via the Get Out Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Get Out. Nothing in these Terms of Service or the Get Out Service should be construed as granting any license or right to use any of Get Out Trademarks displayed on the Get Out Service, without our prior written permission in each instance. All goodwill generated from the use of Get Out Trademarks will inure to Get Out’s exclusive benefit.
Third Party Material: Under no circumstances will Get Out be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content or materials. To the maximum extent permitted under applicable law, the third party providers of such content and materials are express and intended third party beneficiaries of these Terms of Services with respect to their content and materials.
Get Out may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Get Out, its users or the public.
Third Party Websites
The Get Out Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Get Out has no control over such sites and resources and Get Out is not responsible for and does not endorse such sites and resources. Get Out will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Get Out Service are between you and the third party, and you agree that Teespring is not liable for any loss or claim that you may have against any such third party.
Disclaimer of Warranties
YOUR USE OF THE Get Out SERVICE IS AT YOUR SOLE RISK. THE Get Out SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING A BUYER’S RIGHT TO RETURN MERCHANDISE AND OBTAIN A REFUND TO THE EXTENT DESCRIBED IN OUR RETURN POLICY, Get Out EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY CAMPAIGN, MERCHANDISE OR SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
Get Out WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Get Out HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL Get Out’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Get Out HAS PAID YOU IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Teespring, in its sole discretion, may suspend or terminate your account or use of the Get Out Service and remove and discard any content within the Get Out Service, for any reason. Further, you agree that Get Out will not be liable to you or any third party for any termination of your access to the Get Out Service.
Each party is an independent contractor in the performance of each and every part of these Terms of Service. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of its activities under these Terms of Service. You do not have the authority to commit Get Out in any way and will not attempt to do so or imply that you have the right to do so.
These Terms of Service constitute the entire agreement between you and Get Out and govern your use of the Get Out Service, superseding any prior agreements between you and Get Out with respect to the Get Out Service. The failure of Get Out to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Teespring, but Teespring may assign or transfer these Terms of Service, in whole or in part, without restriction. Notices to you may be made via either email or regular mail. Teespring may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Teespring Service.
Notice for Users in California
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Teespring, Inc., 77 Geary Street, Suite 500, San Francisco, CA 94108.
Questions? Concerns? Suggestions?
Please contact us with any questions regarding these Terms of Service or the Get Out Service.