Terms of Service
CustomXpressions.com Terms of Service
Custom Xpressions is a print on demand fulfillment company for businesses who want to outsource the printing component of their business. Custom Xpressions prints and dropships directly to customers of participating businesses.
CustomXpressions.com VENDOR ACCOUNTS: In order to access a Vendor Dashboard and other Vendor features of the CustomXpressions.com Website, User must create a CustomXpressions.com Vendor account. User is not authorized to use another person’s account without their express written permission. When creating a CustomXpressions.com account, User must provide accurate and complete information. User is solely responsible for all activity that occurs on User’s account, and must keep User’s account password secure. If User becomes aware of any breach of security or unauthorized use of User’s account, User is required to notify CustomXpressions.com immediately. Although CustomXpressions.com will not be liable for User’s losses caused by any unauthorized use of User’s account, User may be liable for the losses of CustomXpressions.com or others due to such unauthorized use.
ORDERING/PRINT ON DEMAND SERVICE
Order Changes/Cancellation. Orders can be updated when in status as NEW. Once the orders have gone into PROCESSING they cannot be edited or canceled without a written request. Because all product blanks are ordered custom daily, canceling an order that is processing may still result in fees for either blank products or for the full printed products. Canceled orders that have not been shipped whether printed or not cannot be stored or saved for future orders. Canceling an order in your e-Commerce cart does NOT cancel the order in CustomXpressions.com. Once an order goes into processing we can NOT guarantee that it can be canceled and do not guarantee refunds.
Returns & Exchanges. CustomXpressions.com will review replacement/return requests for the following issues: faulty product such as a hole in a product, a print error by CustomXpressions.com relating to quality or incorrect image if it is CustomXpressions.com’s fault. CustomXpressions.com is not responsible for incorrectly provided addresses that result in lost or misdirected packages. If packages are returned to us for any reason and need to be reshipped there the seller must the cost of the re-shipment. Size exchanges or general returns/exchanges are not the responsibility of CustomXpressions.com and sellers must resubmit and pay for this type of order.
Processing/Delivery Timeline. CustomXpressions.com guarantees a 2 week delivery turn around. There are expediate options available.
Fulfillment Deliveries. CustomXpressions.com is not responsible for 3rd party delivery delays, lost packages, or damage due to delivery partner. CustomXpressions.com will provide a tracking number when available but it is up to the seller to track down or contact local postal service to track any lost or delayed packages. Lost packages are the responsibility of the User.
Payments of Goods. All orders must be paid prior to us starting to process your orders. To pay for orders, USERS must make a deposit equal to or greater than the amount owed for orders placed or setup automatic billing.
Balance Withdrawals. To withdraw money from your balance please contact us. There is a $1 charge to withdraw money from your balance and can only be done through Paypal. Withdrawal requests may take up to 72 hours.
Image Quality. The User is required to provide high quality, print ready, sized art. Images are printed at the size they are provided at. Guidelines for images are available from Seller Account. Custom Xpressions is not responsible for low quality images or incorrectly sized images. User provided mockups are used by our print team as a general guide for placement but the final product may differ based on the user provided art or the restrictions of a specific product. Custom Xpressions does not alter print images to match mockup files.
File Storage. CustomXpressions.com does not guarantee permanent storage of User files. CustomXpressions.com reserves the right to delete User files in the case of User inactivity. User can be considered inactive in the case of, but not limited to, User has not had any sales in three (3) months, User has not logged into their CustomXpressions.com account in six (6) months.
USER’S SUBMISSIONS AND OWNERSHIP: As a CustomXpressions.com account holder, User may be permitted to submit and upload various content, including pictures, graphics, as well as T-shirt designs (all, collectively, “User Submissions”). All User Submissions are subject to these Terms of Service, the CustomXpressions.com Upload Rules.
User is solely responsible for all content submitted to the CustomXpressions.com Website, including photographs, videos, textual content, drawings, designs, and other works, whether submitted as a T-shirt design or for any other purpose. User affirms, represents and warrants that User owns or has the necessary licenses, rights, consents and permissions to use and authorize CustomXpressions.com to use all patents, trademarks, trade secrets, copyrights, or other proprietary rights in and to any and all User Submissions, to enable inclusion and use of the User Submission in all manners contemplated by the CustomXpressions.com Website and these Terms of Service. User will retain all ownership rights in a User Submission, however, by submitting a User Submission to CustomXpressions.com, User grants to CustomXpressions.com a worldwide, non-exclusive, royalty-free license to print the design on products on behalf of the User.
User agrees that User will not submit material that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including the rights of privacy and publicity, unless User is the owner of such rights or has permission from the rightful owner to post the material and to grant the licenses granted herein. User agrees that CustomXpressions.com has the right to refuse to accept, to limit access to, to remove, and/or to refuse to publish any User Submission which CustomXpressions.com considers to be amoral, scandalous, offensive, or in bad taste. All determinations as to whether a User Submission is amoral, scandalous, offensive, or in bad taste or that CustomXpressions.com deems to be in violation of any intellectual property right of any third party. All determinations as to whether a User Submission is amoral, scandalous, offensive, in bad taste, or in violation of any intellectual property rights of any third party are to be made by CustomXpressions.com at its sole discretion, and are final. User agrees to be bound by the decision of CustomXpressions.com.
BY PROCESSING AND SUBMITTING YOUR ORDER USING CustomXpressions.com, YOU REPRESENT AND WARRANT TO CustomXpressions.com, ITS AFFILIATES, AGENTS, AND BUSINESS PARTNERS, THAT YOU OWN AND POSSESS ALL RIGHTS OR OWN AND POSSESS SUFFICIENT RIGHTS OF THIRD PARTIES, NECESSARY TO COPY, PRODUCE, PRINT OR IMPRINT, EACH AND EVERY ITEM AND PORTION THEREOF YOU SUBMIT TO CustomXpressions.com, ITS AFFILIATES, AGENTS, AND BUSINESS PARTNERS. YOU FURTHER REPRESENT AND WARRANT TO CustomXpressions.com, ITS AFFILIATES, AGENTS, AND BUSINESS PARTNERS, THAT YOU ARE NOT INFRINGING ON ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. YOU AGREE AND COVENANT THAT AT THE REQUEST OF CustomXpressions.com, AND WITHOUT FURTHER CONSIDERATION, YOU WILL PROMPTLY DELIVER TO CustomXpressions.com REASONABLE EVIDENECE OF SUCH ADEQUATE AND ENFORCEABLE RIGHTS OF THIRD PARTIES (i.e. consents, approvals, licenses or sublicenses).
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CustomXpressions.com, ITS AFFILIATES, AGENTS, AND BUSINESS PARTNERS, FROM ALL COSTS, EXPENSES (INCLUDING REASONABLE LEGAL FEES) AND LIABILITIES, INCURRED BY CustomXpressions.com, ITS AFFILIATES, AGENTS, AND BUSINESS PARTNERS, AS A RESULT OF ANY FAILURE BY YOU TO POSSESS SUCH RIGHTS, OR FOR ANY INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
WARRANTY DISCLAIMER: CustomXpressions.com, its officers, directors, employees, affiliates, agents and business partners disclaim all warranties, express or implied, in connection with the CustomXpressions.com Website and User’s use thereof. CustomXpressions.com makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from User’s access to and use of the CustomXpressions.com Website, (iii) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) interruption or cessation of transmission to or from the CustomXpressions.com Website, (v) bugs, viruses, Trojan horses or the like which may be transmitted to or through our web site by any third party, and/or (vi) errors and omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the CustomXpressions.com Website. CustomXpressions.com does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the CustomXpressions.com Website or any hyperlinked website or website featured in any banner or other advertising, and CustomXpressions.com will not be a party to or in any way responsible for monitoring any transaction between you and third party providers for products or services. As with the purchase of any product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
LIMITATION OF LIABILITY In no event shall CustomXpressions.com, its officers, directors, employees, afiliates, agents or business partners be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage of any nature whatsoever, resulting from your access to and use of the CustomXpressions.com Website, (iii) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) interruption or cessation of transmission to or from the CustomXpressions.com Website, (v) bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the CustomXpressions.com Website by any third party, and/or (vi) errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, e-mailed, transmitted, or otherwise made available via the CustomXpressions.com Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. User specifically acknowledges that CustomXpressions.com shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with User. The CustomXpressions.com Website is controlled and offered by CustomXpressions.com from its facilities in the United States of America. CustomXpressions.com makes no representations that the CustomXpressions.com Website is appropriate or available for use in other locations. Those who access or use the CustomXpressions.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
ABILITY TO ACCEPT TERMS OF SERVICE User affirms that User is either more than 18 years of age, or an emancipated minor, or possesses legal parental or guardian consent, and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Service, and to abide by and comply with the Terms of Service. In all cases, User affirms that User is over the age of 13, as the CustomXpressions.com Website is not intended for children under 13. If you are under 13 years of age, then please do not use the CustomXpressions.com Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
ASSIGNMENT The Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by User, but may be assigned by CustomXpressions.com without restriction.
GENERAL User agrees that (i) the CustomXpressions.com Website shall be deemed solely based in Oklahoma City; and (ii) the CustomXpressions.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over CustomXpressions.com, either specific or general, in jurisdictions other than Oklahoma. The Terms of Service shall be governed by the internal substantive laws of the State of Oklahoma, without respect to its conflict of laws principles. Any claim or dispute between User and CustomXpressions.com that arises in whole or in part from the CustomXpressions.com Website shall be decided exclusively by a court of competent jurisdiction located in Oklahoma City. The Terms of Service, together with all other CustomXpressions.com policies, and any other legal notices published by CustomXpressions.com and/or on the CustomXpressions.com Website, shall constitute the entire agreement between CustomXpressions.com concerning the CustomXpressions.com Website. If any provision of the Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect. No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such terms or any other term, and CustomXpressions.com’s failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision. CustomXpressions.com reserves the right to amend the Terms of Service at any time and without notice, and it is User’s responsibility to review the Terms of Service for any changes. User’s use of the CustomXpressions.com Website following any amendment of the Terms of Service will signify User’s assent to and acceptance of its revised terms. USER AND CustomXpressions.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CustomXpressions.com WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY WAIVED AND/OR BARRED.