Terms and Conditions SDPE

Please review the following basic rules that govern your use of
the Same Day Printing and Embroidery site. Please note that your use of the Same Day Printing and Embroidery site (the "Site") constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms and Conditions. Same Day Printing and Embroidery reserves the right to update or modify these Terms and Conditions at any time without prior notice to you, and we encourage you to review these Terms and Conditions whenever you use this Site.

Customer Satisfaction
Same Day Printing and Embroidery is committed to customer satisfaction, and we do everything possible to ensure proper cutting, accurate color reproduction, and excellent printing quality.
However, certain circumstances are beyond our control and are not covered by this guarantee. Please note that we cannot be responsible for:
-   Spelling, punctuation, or grammatical errors made by the customer.
-   Inferior quality or low-resolution of uploaded images.
-   Design errors or color selection errors introduced by the customer in the artwork file creation process.
-   Errors in user-selected options such product type, size, finishing options, or quantity.
-   Incorrect file dimensions, image orientation, or file submission in accordance with Same Day Printing and Embroidery specifications.
-   Damage to the products arising after delivery to the customer.
-   Duplicate orders by the customer.
-   Incorrect shipping address, undeliverable packages / 3 times delivery attempts, or other errors created by the customer.

Returns, Refund and Reprint Policy
All products offered by Same Day Printing and Embroidery are custom, unique pieces and made by order. All sales are final. No Returns, No Exchanges and No Refunds are accepted. If we verify that we made an error, we will re-print the order at no cost for the client.
If there is a problem with your order, you must report it within 2 business days of the date you received it.
You can submit your claim via email at info@SameDayPrintingEmbroidery.com, specifying your company, order number, and the issue. In Case of Shipping our customer service representative will request you submit digital photos of the outside of the packaging, the wrapping material and the damaged goods to document the product’s defect and in some cases, customer will be required to ship the defective product back to Same Day Printing and Embroidery at their own expense and in an agreed upon a reasonable time frame.
Our customer service representatives will document your issue and create a claim for you to reference as we investigate how to resolve the problem. Same Day Printing and Embroidery will not be liable for any damage that may occur during transportation. The Claim process is through the delivery company (UPS).

If your package arrives damaged and in order to be able to process a claim we strongly advise the following: DO NOT RECEIVE IT. Report it and return it to the UPS driver and take pictures of the damaged package that include the shipping label. If we do not receive proper documentation to file a claim with UPS, both the claim and reorder will be the client’s responsibility and we cannot guarantee reimbursement for your reprint by UPS.

This only applies to BLANK products. Orders that have been customized, all sales are final. First, you must request an RMA (Return Merchandise Authorization) number before making a return. To obtain an RMA number simply email us at info@samedayprintingembroidery.com and request an RMA number. Please be sure to let us know in your email the date of your purchase, what you would like to return and why you want to return it. The RMA number, once received, must be written in a conspicuous place on the outside of the return parcel.

What can be returned: Most of the items we sell can be returned. All returns must be in their original packaging. Items to be returned must be in new condition. If there is any noticeable wear, the item(s) simply cannot be returned.

What cannot be returned: Garments that have already been customized. For blank garments, no returns will be accepted after 7 days of receipt of purchase. Items that are not in their original packaging cannot be returned. Items with noticeable wear cannot be returned. Items must be in new condition to be eligible for return.

Returns for refund: must be made within 7 days of receipt of purchase.

Returns for exchange or store credit: must be made within 7 days of receipt of purchase.

Shipping charges for products returned: All shipping charges for returning products to us must be paid by the returnee. We do not reimburse shipping charges.

Restocking Fee: A 15% restocking fee will be charged on any or all returns.

To return your items:

Contact Customer Support to obtain an RMA (Return Merchandise Authorization) number. Please indicate if you want a replacement or a or store credit.
Write the RMA number in a conspicuous place on the outside of the return parcel.

Send the package to:
Same Day Printing and Embroidery - Returns
44 Pine Knoll Dr Ste J4
GREENVILLE, South Carolina 29609
United States

Materials and Products Disclaimer
Same Day Printing and Embroidery only controls the correct printing on the selected material and is NOT responsible in any case for the final duration of the product, nor does it provide any kind of warranty for any material once installed on any type of surface, indoor or outdoor. Nor does it guarantee that its products will work in any set of conditions.
All the indicated times correspond only to the theoretical expectation of duration given by the manufacturer for each material that’s has not been printed yet, as a guide to the quality of its products.
Conditions and circumstances such as poor installation quality, poor choice or absence of lamination, inadequate mounting base, use in desert or beach areas or with excessive exposure to UV rays, abrasion caused by misuse, etc. may drastically decrease the time provided by the manufacturer.
Certain discoloration may occur after 2 years, depending on the type of lamination used, weather conditions and exposure as well.
Same Day Printing and Embroidery shall not be liable for any direct, indirect, incidental, special or consequential damages (including, but not limited to, loss of profits, revenue or business) resulting from, or in any way related to, performance, use or inability to use any of the Same Day Printing and Embroidery products. This limitation applies regardless of the legal theory upon which damages are sought.
Any banners over 86" on their shortest side will be folded and shipped in a box. All banners under 86" on their shortest side will be rolled up and shipped in tubes. Depending on the final size and weight of the packaging, oversized item fees may apply. Folded banners most likely will result in wrinkled material or slight imperfections in the print. We will not be responsible for the damage that may occur in transportation. We will not be liable in any way, the delivery company (UPS) will not accept responsibility for the damage. That means that we will not reimburse for the damaged merchandise or shipping charges; therefore, we cannot provide replacements free of charge in any case.

Payments
All prices and amounts shown on this Site are in U.S. Dollars (USD), unless otherwise noted. If a User submits a request on the Site to purchase printing products or other services, the User agrees that all charges, taxes and shipping and processing fees will automatically be charged to the credit card or paid by User with an approved payment method. Such amounts will be posted on this Site.
Once a print job has been approved by the customer and sent to production on the Site, no changes are allowed to the artwork files, job characteristics, or printing turnaround time. Please note that no work will proceed on any print job in your order until full payment is received by Same Day Printing and Embroidery.

Our Sales Tax Policy
Same Day Printing and Embroidery is required to collect sales tax on purchases shipped to any state(s) where sales tax is applicable. Sales Tax will be calculated based on the printing and finishing product subtotal.

Printing Turnaround Time

Printing turnaround time begins once your order has been placed and your print-ready files have been uploaded to your account, attached to your printing job, and approved for printing. For printing jobs that do not have complete digital source files provided, printing turnaround begins when we have your print-ready file(s) for your print job, not from when the order is first submitted.
If your job is approved by 3:00 P.M. EST, printing turnaround time begins that business day. Please note that Same Day Printing and Embroidery offices are closed Saturdays, Sundays, Mondays and Holidays. As a result, these days are not considered when calculating printing turnaround time. In addition, printing turnaround time does not include shipping transit time, and you should allow additional business days for delivery based on the shipping method you selected.

Shipping
Shipping transit times vary, and Same Day Printing and Embroidery assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in the delivery service, the breakdown of equipment, illness, etc.
Pick Up orders will be held for 30 days at our facility. After 30 days, we will recycle your order.
Do not receive a package if it is torn or looks broken on the outside. Please return it to the UPS driver. We will only receive claims up to (2) business days after the date your order was delivered. In order to process a claim, we will require pictures of the damaged goods along with the packaging and all the protection wrapping included.

Copyright Notice
You, the User, acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of Same Day Printing and Embroidery and/or various third-party providers ("Providers"). Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.

Use Restriction
You may only use this Site to make legitimate requests to purchase the products or services offered (each, a "Request"), and shall not use this Site to make any speculative, false or fraudulent Requests. You may not use robots or other automated means to access this Site, unless specifically permitted by Same Day Printing and Embroidery. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site.

You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.
It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above
without Same Day Printing and Embroidery prior written consent is prohibited.

Email
We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in
future Same Day Printing and Embroidery programs. Also, please remember that you are responsible for whatever material you submit and that you, not Same Day Printing and Embroidery, have full responsibility for any message that you send, including its reliability, originality and copyright. Please do not reveal trade secrets or other confidential information in your messages.
Any, and all, rights to materials and ideas submitted to us become the exclusive property of Same Day Printing and Embroidery.

Privacy
You confirm that you have read, understood and agree to the Same Day Printing and Embroidery Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information
by Same Day Printing and Embroidery, its third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the Same Day Printing and Embroidery Privacy Policy. If you are not a resident of the United States, please note that the personal information you submit to the Site will be transferred to the United States and processed
by Same Day Printing and Embroidery in order to provide this Site and its services to you, or for such other purposes (as set forth in the Privacy Policy).

General Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SAME DAY PRINTING AND EMBROIDERY —INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES") BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, the User agrees that the liability of any such party shall in no event exceed the fee or charge to the User assessed by Same Day Printing and Embroidery for making a Request.
Some states—to the extent their law might be deemed to apply, notwithstanding the selection of California law as described (below)—do not allow the limitation of liability, so the foregoing limitations might not apply to you.

Third Parties
If you use this Site to submit Requests for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.
Each User using this Site for, or on behalf, of a Third Party agrees to indemnify and hold each Covered Party harmless from, and against, any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party's or the User's failure to fulfill any of its obligations as described (above). The User is directly responsible for any Request submitted, including related fees, charges and performance obligations.

User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, "Comments"), shall become and remain the exclusive property of Same Day Printing and Embroidery. The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.

Links to other Web sites and Services
To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources. The outside services and resources are in no way related to Same Day Printing and Embroidery, and are neither its employees nor agents.

Termination of Usage
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.

Miscellaneous
The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.
None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control.

Entire Agreement
These Terms and Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the "Agreement") between you and each Covered Party relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.

User Agreement

Terms of service: an agreement between you and Same Day Printing and Embroidery to enter and use this website and services

Welcome to the Same Day Printing and Embroidery website and services.
We hope you enjoy your use of our facilities. Please appreciate and understand that this is a legal world and that you, by not immediately leaving this website now or immediately after reading our terms of service are accepting our services under the terms of this agreement.
It is your obligation to keep your self informed of any changes that may occur between visits, as using our services each time is under the condition that you accept all our terms and conditions. We may change our terms and conditions from time to time without expressly informing you.

1 Same Day Printing and Embroidery Services:

Create, design, customize products that are listed for sale.
Buy products that are listed for sale
Save and share designs that your may have created.
Use our fun picture and design tools.
Save created images and designs into public and personal galleries.
Post your created images to social networks or bloggs that you have the legal right to do so
Registering to subscribe to special offers and use of galleries.

2 Using our Same Day Printing and Embroidery Services and Website:
In consideration of the promises and obligations given and assumed herein, and intending to be legally bound, these Terms of Use provide as follows.

2.1 ELIGIBILITY CHILDREN UNDER 18.
Same Day Printing and Embroidery will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law.

If you are under the age of 18, but at least 13 years of age, you may order products or services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
Children under the age of 13 may view the Website but MAY NOT ORDER PRODUCTS OR SERVICES.

2.2 Definitions and Interpretation
In these Terms of Use, unless the context indicates a contrary intention:

Intellectual Property Rights means all industrial, commercial and intellectual property rights (including equivalent, neighbouring or proximate rights anywhere in the world that currently exist or are recognised in the future).
A person means any form of legal entity as well as any quasi-legal entity.
A User means any person using the website and/or services provided by Piki Print
A reference to any document, material, information or data includes that document, material, information and data howsoever stored, recorded or embodied, including in any electronic or digital media or otherwise.
The word includes in any form is not a word of limitation.

3 User's Obligations

3.1 Responsibilities
Users are and shall be wholly and exclusively responsible, at their own cost, for:

all telecommunications lines, modems, communication controllers, routers, multiplexers, terminals and all other equipment, hardware and software necessary to access and use the Website and services;
the use that it makes of the Website , including any article, material, literary or artistic work, design or other matter that they author, invent, create, develop or produce;
complying with all laws, regulations and rules in the uses country or jurisdiction;
complying with any recommendations or guidelines issued by Same Day Printing and Embroidery with respect to the use of the Website and/or services and
ensuring that all electronic or other media it uses in connection or in conjunction with the Website and the services provided complies with these Terms of Use and all applicable laws, regulations and rules.

3.2 Restrictions on Users
Users shall not and has no right to either:

reproduce, publish, distribute, sub-license and/or resell either the Website and/or service to any person; or
use either the Website to supply any service to any person; or
modify, adapt, disassemble, recompile and/or reverse engineer either the Website or service;
access or use either the Website and/or service to create, author, design, manufacture, market, publish, transmit, broadcast, distribute or sell any article, product, material or other matter that either:
1. infringes the rights of any person, including, without limitation, Intellectual Property Rights, trade secrets, rights of privacy and publicity.
2. is libellous, defamatory or slanderous,
3. condones, promotes, contains or links to adware, cracks, hacks or similar utilities or programs,
4. contains explicit sexual content,
5. does or may denigrate or offend any ethnic, racial, gender, religious or other group, through use of language, images, stereotypical depiction or otherwise,
6. is designed to or does harass, threaten, defame or abuse others,
7. exploits images or the likeness of minors,
8. encourages the use of drugs or the under-age use of alcohol or cigarettes, or
9. is generally offensive or in bad taste;
use "Spam", "blast-faxes" or recorded telephone messages to market or sell any products or services,
use, transfer or implant a virus, routine or any computer program or technology that disrupts, disables, interferes with or otherwise has a detrimental affect on the Website and/or the PIKIWAREÂ® Platform,
take any action that imposes any unreasonable or disproportionately large load on the Website or the Service,
use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or the Service,
collect electronic mail addresses or other information from our Website,
impersonate another person or entity,
engage in any activity that interferes with any persons ability to use or access the Website and/or services, or
assist, procure or aid any person to engage in any activity prohibited by these Terms of Use; or
frame or link or otherwise use or display the Website in such a manner so that it appears to be part of its own or someone else's website, without specific agreement.

USER ACKNOWLEDGES AND AGREES THAT Same Day Printing and Embroidery MAY IN ITS SOLE AND UNFETTERED DISCRETION, UNILATERALLY AND WITHOUT NOTICE, TERMINATE THESE TERMS OF USE, DISABLE AND DENY ACCESS TO THE USER TO THE WEBSITE AND THE SERVICES, AND TAKE LEGAL ACTION AGAINST ANY USER WHO ENGAGES IN ANY ACTIVITY OR CONDUCT THAT IS PROHIBITED BY THESE TERMS OF USE AND/OR BY ANY RELEVANT LAW, REGULATION OR RULE.

4. Same Day Printing and Embroidery Obligations

4.1 Access to and use of the Website and Services Subject to user complying with and discharging each of its obligations under these Terms of Use, Same Day Printing and Embroidery shall allow user to access and use the Website and the services .

4.2 Privacy: Same Day Printing and Embroidery may collect personal data concerning the user in the course of and incidental to users use of the Website and services. Same Day Printing and Embroidery shall comply with, and user hereby consents irrevocably and unconditionally to Same Day Printing and Embroiderys collection, use and disclosure of such data in accordance with, its Privacy Policy (the terms of which may be accessed through the link on the Website).

4.3 Training
User acknowledges that Same Day Printing and Embroidery has no obligation to user to provide any training or other support in relation to the use or operation of the Website and/or services.

4.4 Modification of the Website.
Same Day Printing and Embroidery reserves the right to modify the organization, structure, content or "look and feel" of the Website and/or the services, and may change, suspend, or discontinue any aspect of the Website and/or the service at any time without notice or any liability to user or any person. Same Day Printing and Embroidery shall have complete discretion over the features, functions and other terms and conditions on which the Website and the service is made available.

5. Intellectual Property Rights

5.1 Reservation of title
user acknowledges that these Terms of Use do not convey and that it derives no right, title or interest in or to any Intellectual Property Rights that vest or subsist in or relate to the Website and/or the services provided other than pursuant to the express authorisation set out in clause 4.1. Same Day Printing and Embroidery grants user a limited revocable licence to access and use the Website and the service for its intended purposes, subject to users compliance with these Terms of Use. This licence does not include the right to collect or use information contained on the Website for purposes prohibited by Same Day Printing and Embroidery; to compete with Piki Print; to create derivative works based on the layout or design, look-and-feel, or structure of the Website; or download or copy the Website (other than page caching). If user uses the Website in a manner that exceeds the scope of this licence or if it breaches these Terms of Use, Same Day Printing and Embroidery may revoke the licence and deny access to and use of the Website.

5.2 Prohibition on infringement
User acknowledges and agrees that Same Day Printing and Embroidery does not permit, authorise or condone and hereby expressly prohibits user from accessing or using the Website and/or the services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or privileges, of any person anywhere in the world.

5.3 Derivative material
Subject to clause 5.2, user shall own any Intellectual Property Rights in any original material that it authors, designs or creates using the functionality provided by the Website. If the user chooses to add any item to a public gallery, In consideration of the authorisation granted under clause 4.1, User hereby grants to Same Day Printing and Embroidery an irrevocable, perpetual, non-exclusive, world-wide licence to do all acts and things (including to authorise other persons to do all acts and things) comprised within the said Intellectual Property Rights.

6. Registration

User Account, Password, and Security You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Same Day Printing and Embroidery of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Same Day Printing and Embroidery cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.

7. Warranties

7.1 Users warranties
User represents and warrants to Same Day Printing and Embroidery that, in its use of the Website and the Services provided, it:

will not infringe the Intellectual Property Rights, trade secrets, rights of privacy, rights of publicity or other legal right of any person, and
will comply with all applicable laws, rules, and regulations.
User further represents and warrants to Same Day Printing and Embroidery that:
there are no claims, demands or any form of litigation pending, or to the best of its knowledge, threatened with respect to any content used or proposed to be used by user;
Same Day Printing and Embroidery will not be required to make any payments or compensation to any person in connection with its use of such content; and
such content does not contain viruses or any other programs or technology which disrupts or damages the Website and/or the Services provided.

7.2 Same Day Printing and Embroiderys warranties
Same Day Printing and Embroidery represents and warrants that it has the right to grant access to and license the use of the Website and services to user subject to and in accordance with these Terms of Use.

7.3 Caveats

Same Day Printing and Embroidery provides the Website and Services on an "as is" and "as available" basis. Nothing in these Terms of Use shall or may be construed as a representation or warranty by Same Day Printing and Embroidery that the functionality or operation of the Website and/or the services will:
1. be uninterrupted or free of errors and inaccuracies;
2. meet users requirements; or
3. operate in the configuration or with the hardware or software used by user.
User acknowledges and agrees that the Website and the service (as with technology generally), may have errors (or bugs) and may encounter unexpected problems. Accordingly, user may experience downtime and errors in the use or operation of the Website and/or services provided.
Same Day Printing and Embroidery does not and cannot control the flow of data and information through the internet, and such flow depends on the performance of persons and entities whose actions or inactions may produce situations in which connections to the internet (or portions thereof) are impaired or disrupted and for which Same Day Printing and Embroidery is not liable.
Same Day Printing and Embroidery does not warrant that any data, information or other content provided on the Website, whether concerning any goods or services or any other subject, is complete or accurate.

7.4 Exclusion of implied warranties
SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY Same Day Printing and Embroidery, THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.

7.5 No representation or reliance
(a) User acknowledges that neither Same Day Printing and Embroidery nor any person acting on Piki Prints behalf has made any representation or other inducement to user to enter into these Terms of Use, except for representations or inducements expressly set out in these Terms of Use.
(b) User acknowledges and confirms that it does not enter into these Terms of Use in reliance on any representation or other inducement by or on behalf of Same Day Printing and Embroidery, except for representations or inducements expressly set out in these Terms of Use.

8. Exclusion and Limitation of Liability

8.1 Subject to law
Nothing contained in these Terms of Use excludes, restricts, limits or modifies any:
(a) implied condition, warranty or other term of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or
(b) liability in respect of a breach of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or
(c) liability for fraud or deceit; or
(d) liability for death or personal injury caused by the negligence of either party.

8.2 Exclusion of liability
Subject only to Clause 8.1, in no event shall Same Day Printing and Embroidery be liable to user or to any person under or in connection with these Terms of Use or in respect of the use of (or failure or performance of) the Website and/or the services provided for:
(a) malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:

any third party;
actions of user that were not expressly authorised by Same Day Printing and Embroidery;
accident, misuse or abuse by anyone other than Same Day Printing and Embroidery;
alteration or modification of the Website and/or the service, or any component or part of the Website and/or the service provided, by anyone other than Same Day Printing and Embroidery;
products (including any hardware or software) or services not licensed or supplied by Same Day Printing and Embroidery;
power surge or failure,
events of force majeure or events outside Same Day Printing and Embroiderys actual control; or
any other condition not arising under normal operating conditions;

(b) any loss, cost, damage or expense of any nature arising or caused directly or indirectly by any breach of users obligations or responsibilities set out in these Terms of Use;
(c) any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
(d) Subscribers liability to any person; or
(e) incidental, indirect, consequential, special, exemplary or punitive damages of any nature, whether such liability is asserted on the basis of common or civil law or in equity, including pursuant to any statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that Same Day Printing and Embroidery has been advised of the possibility of any particular loss or damage.

8.3 Links
Same Day Printing and Embroidery may, in its sole and unfettered discretion, and without users consent, place links on the Website to other websites that are owned or operated by other persons. User acknowledges and agrees that Same Day Printing and Embroidery is not responsible for the operation of or content located on any such website, and Same Day Printing and Embroidery cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, user acknowledges and agrees that it may not make any claim against Same Day Printing and Embroidery for any damages or losses of any kind arising from the other website and/or the link.

8.4 Limitation of liability
Subject to Clause 8.1, and except to the extent specifically excluded under Clause 8.2 or elsewhere in these Terms of Use, Same Day Printing and Embroidery's sole liability to Subscriber for any and all breaches of any term or terms of these Terms of Use, whether express or implied, shall be limited to the substitution or replacement of any product or service that has been ordered and paid for by Subscriber using the Website.

8.5 Indemnity User shall indemnify and hereby releases unconditionally Same Day Printing and Embroidery , without set off or adjustment, against and from any liability, loss, cost, expense or damage, including all legal fees, arising from or relating to: (a) its use of the Website and/or services and/or the media or content posted or uploaded by it, including any alleged or actual violation of any law directly or indirectly arising from such use; (b) any breach or alleged breach by it of these Terms of Use; (c) the misuse or misappropriation of the said media or content; and (d) any infringement or alleged infringement by user of any persons Intellectual Property Rights, rights of privacy or publication, or otherwise anywhere in the world.

9. Termination

9.1 Termination
(a) At any time and with or without cause, Same Day Printing and Embroidery may immediately terminate either these Terms of Use or any or all rights and privileges granted to user hereunder, including suspending users access to and/or use of the Website and/or the Services provided by Same Day Printing and Embroidery. In no event shall any such termination or suspension by Same Day Printing and Embroidery relieve user of any obligation that has accrued under these Terms of Use prior to the date of such termination or suspension.
(b) user may terminate these Terms of Use at any time by ceasing to enter the website and using the services

9.2 Effect of termination
(a) On any expiry or termination of these Terms of Use, Same Day Printing and Embroidery may delete any websites, web pages, files, graphics, media or other content or material relating to users use of the Website and/or the Services provided and Same Day Printing and Embroidery shall have no liability to user or any person for doing so.
(b) The expiry or termination of these Terms of Use shall not prejudice or affect any cause of action, right, remedy or defence which shall have accrued or shall thereafter accrue to either party.

10. General

10.1 Severability
If a clause or any part of any clause of these Terms of Use or a right or remedy of a party under these Terms of Use, is found to be void, invalid or unenforceable by any court or tribunal having jurisdiction in respect of these Terms of Use, then:
(a) it shall be read down or severed in that jurisdiction only to the extent that it is void, invalid or unenforceable; and
(b) it does not effect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.

10.2 Variation
Same Day Printing and Embroidery may amend unilaterally these Terms of Use in its sole and unfettered discretion at any time, and user hereby agrees to abide by and be fully bound by such amended terms. The amended terms shall be effective automatically and immediately once they are posted on the Website, and user's continued access and use of the Website and the Services on or after such effective time constitutes the user's unequivocal and unconditional acceptance of the amended terms. These Terms of Use may not be otherwise amended. If user does not agree to any amendments to these Terms of Use or to any of the current terms, its only right and remedy is to cease using the Website and the Same Day Printing and Embroidery services.

10.3 Waiver
A waiver, consent, election or acquiescence given by a party under these Terms of Use is only effective and binding on that party if it is given or confirmed in writing by that party.

10.4 Assignment
(a) Same Day Printing and Embroidery may at any time transfer, assign, novate or otherwise dispose of any or all of its rights or obligations under these Terms of Use on giving user no less than five (5) days notice in writing.

10.5 Governing Law and Jurisdiction
(a) These Terms of Use shall be governed by and construed in accordance with the law in force for the time being in Delaware, United States of America (without regard to its conflict of law rules).
(b) Each party irrevocably submits to the exclusive jurisdiction of the courts of Delaware, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these.

User Agreement

Terms of service: an agreement between you and Same Day Printing Embroidery to enter and use this website and services

Welcome to the Same Day Printing Embroidery website and services.
We hope you enjoy your use of our facilities. Please appreciate and understand that this is a legal world and that you, by not immediately leaving this website now or immediately after reading our terms of service are accepting our services under the terms of this agreement.
It is your obligation to keep your self-informed of any changes that may occur between visits, as using our services each time is under the condition that you accept all our terms and conditions. We may change our terms and conditions from time to time without expressly informing you.

1 Same Day Printing Embroidery Services:

Create, design, customize products that are listed for sale.
Buy products that are listed for sale
Save and share designs that you may have created.
Use our fun pictures and design tools.
Save created images and designs into public and personal galleries.
Post your created images to social networks or blogs that you have the legal right to do so
Registering to subscribe to special offers and use of galleries.

2 Using our Same Day Printing Embroidery Services and Website:
In consideration of the promises and obligations given and assumed herein, and intending to be legally bound, these Terms of Use provide as follows.

2.1 ELIGIBILITY CHILDREN UNDER 18.
Same Day Printing Embroidery will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law.

If you are under the age of 18, but at least 13 years of age, you may order products or services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
Children under the age of 13 may view the Website but MAY NOT ORDER PRODUCTS OR SERVICES.

2.2 Definitions and Interpretation
In these Terms of Use, unless the context indicates a contrary intention:

Intellectual Property Rights means all industrial, commercial and intellectual property rights (including equivalent, neighboring or proximate rights anywhere in the world that currently exist or are recognized in the future).
A person means any form of legal entity as well as any quasi-legal entity.
A User means any person using the website and/or services provided by Piki Print
A reference to any document, material, information or data includes that document, material, information and data howsoever stored, recorded or embodied, including in any electronic or digital media or otherwise.
The word included in any form is not a word of limitation.

3 User's Obligations

3.1 Responsibilities
Users are and shall be wholly and exclusively responsible, at their own cost, for:

all telecommunications lines, modems, communication controllers, routers, multiplexers, terminals and all other equipment, hardware and software necessary to access and use the Website and services.
the use that it makes of the Website, including any article, material, literary or artistic work, design or other matter that they author, invent, create, develop or produce.
complying with all laws, regulations and rules in the country’s use or jurisdiction.
complying with any recommendations or guidelines issued by Same Day Printing Embroidery with respect to the use of the Website and/or services and
ensuring that all electronic or other media is used in connection with the Website and the services provided complies with these Terms of Use and all applicable laws, regulations and rules.

3.2 Restrictions on Users
Users shall not and has no right to either:

reproduce, publish, distribute, sub-license and/or resell either the Website and/or service to any person; or
use either the Website to supply any service to any person; or
modify, adapt, disassemble, recompile and/or reverse engineer either the Website or service.
access or use either the Website and/or service to create, author, design, manufacture, market, publish, transmit, broadcast, distribute or sell any article, product, material or other matter that either:
1. infringes the rights of any person, including, without limitation, Intellectual Property Rights, trade secrets, privacy and publicity.
2. is libelous, defamatory or slanderous,
3. condones, promotes, contains or links to adware, cracks, hacks or similar utilities or programs,
4. contains explicit sexual content,
5. does or may denigrate or offend any ethnic, racial, gender, religious or other group, through use of language, images, stereotypical depiction or otherwise,
6. is designed to or does harass, threaten, defame or abuse others,
7. exploits images or the likeness of minors,
8. encourages the use of drugs or the under-age use of alcohol or cigarettes, or
9. is generally offensive or bad taste.
use "Spam", "blast-faxes" or recorded telephone messages to market or sell any products or services,
use, transfer or implant a virus, routine or any computer program or technology that disrupts, disables, interferes with or otherwise has a detrimental effect on the Website and/or the PIKIWAREÂ® Platform,
take any action that imposes any unreasonable or disproportionately large load on the Website or the Service,
use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or the Service,
collect electronic mail addresses or other information from our website,
impersonate another person or entity,
engage in any activity that interferes with any person’s ability to use or access the Website and/or services, or
assist, procure or aid any person to engage in any activity prohibited by these Terms of Use; or
frame or link or otherwise use or display the Website in such a manner so that it appears to be part of its own or someone else's website, without specific agreement.

USER ACKNOWLEDGES AND AGREES THAT Same Day Printing Embroidery MAY IN ITS SOLE AND UNFETTERED DISCRETION, UNILATERALLY AND WITHOUT NOTICE, TERMINATE THESE TERMS OF USE, DISABLE AND DENY ACCESS TO THE USER TO THE WEBSITE AND THE SERVICES, AND TAKE LEGAL ACTION AGAINST ANY USER WHO ENGAGES IN ANY ACTIVITY OR CONDUCT THAT IS PROHIBITED BY THESE TERMS OF USE AND/OR BY ANY RELEVANT LAW, REGULATION OR RULE.

4. Same Day Printing Embroidery Obligations

4.1 Access to and use of the Website and Services Subject to user complying with and discharging each of its obligations under these Terms of Use, Same Day Printing Embroidery shall allow user to access and use the Website and the services .

4.2 Privacy: Same Day Printing Embroidery may collect personal data concerning the user in the course of and incidental to users use of the Website and services. Same Day Printing Embroidery shall comply with, and user hereby consents irrevocably and unconditionally to Same Day Printing Embroidery’s collection, use and disclosure of such data in accordance with, its Privacy Policy (the terms of which may be accessed through the link on the Website).

4.3 Training
User acknowledges that Same Day Printing Embroidery has no obligation to user to provide any training or other support in relation to the use or operation of the Website and/or services.

4.4 Modification of the Website.
Same Day Printing Embroidery reserves the right to modify the organization, structure, content or "look and feel" of the Website and/or the services, and may change, suspend, or discontinue any aspect of the Website and/or the service at any time without notice or any liability to user or any person. Same Day Printing Embroidery shall have complete discretion over the features, functions and other terms and conditions on which the Website and the service is made available.

5. Intellectual Property Rights

5.1 Reservation of title
user acknowledges that these Terms of Use do not convey and that it derives no right, title or interest in or to any Intellectual Property Rights that vest or subsist in or relate to the Website and/or the services provided other than pursuant to the express authorization set out in clause 4.1. Same Day Printing Embroidery grants users a limited revocable license to access and use the Website and the service for its intended purposes, subject to users’ compliance with these Terms of Use. This license does not include the right to collect or use information contained on the Website for purposes prohibited by Same Day Printing Embroidery; to compete with Piki Print; to create derivative works based on the layout or design, look-and-feel, or structure of the Website; or download or copy the Website (other than page caching). If user uses the Website in a manner that exceeds the scope of this license or if it breaches these Terms of Use, Same Day Printing Embroidery may revoke the license and deny access to and use of the Website.

5.2 Prohibition on infringement
User acknowledges and agrees that Same Day Printing Embroidery does not permit, authorize or condone and hereby expressly prohibits user from accessing or using the Website and/or the services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or privileges, of any person anywhere in the world.

5.3 Derivative material
Subject to clause 5.2, user shall own any Intellectual Property Rights in any original material that it authors, designs or creates using the functionality provided by the Website. If the user chooses to add any item to a public gallery, In consideration of the authorization granted under clause 4.1, User hereby grants to Same Day Printing Embroidery an irrevocable, perpetual, non-exclusive, world-wide license to do all acts and things (including to authorize other persons to do all acts and things) comprised within the said Intellectual Property Rights.

6. Registration

User Account, Password, and Security You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Same Day Printing Embroidery of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Same Day Printing Embroidery cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.

7. Warranties

7.1 Users warranties
User represents and warrants to Same Day Printing Embroidery that, in its use of the Website and the Services provided, it:

Will not infringe the Intellectual Property Rights, trade secrets, rights of privacy, rights of publicity or other legal rights of any person, and
Will comply with all applicable laws, rules, and regulations.
User further represents and warrants to Same Day Printing Embroidery that:
There are no claims, demands or any form of litigation pending, or to the best of its knowledge, threatened with respect to any content used or proposed to be used by user.
Same Day Printing Embroidery will not be required to make any payments or compensation to any person in connection with its use of such content; and
Such content does not contain viruses or any other programs or technology which disrupt or damage the Website and/or the Services provided.

7.2 Same Day Printing Embroidery warranties
Same Day Printing Embroidery represents and warrants that it has the right to grant access to and license the use of the Website and services to user subject to and in accordance with these Terms of Use.

7.3 Caveats

Same Day Printing Embroidery provides the Website and Services on an "as is" and "as available" basis. Nothing in these Terms of Use shall or may be construed as a representation or warranty by Same Day Printing Embroidery that the functionality or operation of the Website and/or the services will:
1. be uninterrupted or free of errors and inaccuracies.
2. meet users’ requirements; or
3. operate in the configuration or with the hardware or software used by user.
User acknowledges and agrees that the Website and the service (as with technology generally), may have errors (or bugs) and may encounter unexpected problems. Accordingly, users may experience downtime and errors in the use or operation of the Website and/or services provided.
Same Day Printing Embroidery does not and cannot control the flow of data and information through the internet, and such flow depends on the performance of persons and entities whose actions or inactions may produce situations in which connections to the internet (or portions thereof) are impaired or disrupted and for which Same Day Printing Embroidery is not liable.
Same Day Printing Embroidery does not warrant that any data, information or other content provided on the Website, whether concerning any goods or services or any other subject, is complete or accurate.

7.4 Exclusion of implied warranties
SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY Same Day Printing Embroidery, THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.

7.5 No representation or reliance
(a) User acknowledges that neither Same Day Printing Embroidery nor any person acting on Piki Prints behalf has made any representation or other inducement to user to enter into these Terms of Use, except for representations or inducements expressly set out in these Terms of Use.
(b) User acknowledges and confirms that it does not enter into these Terms of Use in reliance on any representation or other inducement by or on behalf of Same Day Printing Embroidery, except for representations or inducements expressly set out in these Terms of Use.

8. Exclusion and Limitation of Liability

8.1 Subject to law
Nothing contained in these Terms of Use excludes, restricts, limits or modifies any:
(a) implied condition, warranty or other term of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or
(b) liability in respect of a breach of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or
(c) liability for fraud or deceit; or
(d) liability for death or personal injury caused by the negligence of either party.

8.2 Exclusion of liability
Subject only to Clause 8.1, in no event shall Same Day Printing Embroidery be liable to user or to any person under or in connection with these Terms of Use or in respect of the use of (or failure or performance of) the Website and/or the services provided for:
(a) malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:

any third party.
actions of users that were not expressly authorized by Same Day Printing Embroidery.
accident, misuse or abuse by anyone other than Same Day Printing Embroidery.
alteration or modification of the Website and/or the service, or any component or part of the Website and/or the service provided, by anyone other than Same Day Printing Embroidery.
products (including any hardware or software) or services not licensed or supplied by Same Day Printing Embroidery.
power surge or failure,
events of force majeure or events outside Same Day Printing Embroidery’s actual control; or
any other condition not arising under normal operating conditions.

(b) any loss, cost, damage or expense of any nature arising or caused directly or indirectly by any breach of users obligations or responsibilities set out in these Terms of Use;
(c) any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
(d) Subscribers liability to any person; or
(e) incidental, indirect, consequential, special, exemplary or punitive damages of any nature, whether such liability is asserted on the basis of common or civil law or in equity, including pursuant to any statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that Same Day Printing Embroidery has been advised of the possibility of any particular loss or damage.

8.3 Links
Same Day Printing Embroidery may, in its sole and unfettered discretion, and without users consent, place links on the Website to other websites that are owned or operated by other persons. User acknowledges and agrees that Same Day Printing Embroidery is not responsible for the operation of our content located on any such website, and Same Day Printing Embroidery cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, user acknowledges and agrees that it may not make any claim against Same Day Printing Embroidery for any damages or losses of any kind arising from the other website and/or the link.

8.4 Limitation of liability
Subject to Clause 8.1, and except to the extent specifically excluded under Clause 8.2 or elsewhere in these Terms of Use, Same Day Printing Embroidery’s sole liability to Subscriber for any and all breaches of any term or terms of these Terms of Use, whether express or implied, shall be limited to the substitution or replacement of any product or service that has been ordered and paid for by Subscriber using the Website.

8.5 Indemnity User shall indemnify and hereby releases unconditionally Same Day Printing Embroidery , without set off or adjustment, against and from any liability, loss, cost, expense or damage, including all legal fees, arising from or relating to: (a) its use of the Website and/or services and/or the media or content posted or uploaded by it, including any alleged or actual violation of any law directly or indirectly arising from such use; (b) any breach or alleged breach by it of these Terms of Use; (c) the misuse or misappropriation of the said media or content; and (d) any infringement or alleged infringement by user of any persons Intellectual Property Rights, rights of privacy or publication, or otherwise anywhere in the world.

9. Termination

9.1 Termination
(a) At any time and with or without cause, Same Day Printing Embroidery may immediately terminate either these Terms of Use or any or all rights and privileges granted to user hereunder, including suspending users access to and/or use of the Website and/or the Services provided by Same Day Printing Embroidery’s. In no event shall any such termination or suspension by Same Day Printing Embroidery relieve user of any obligation that has accrued under these Terms of Use prior to the date of such termination or suspension.
(b) user may terminate these Terms of Use at any time by ceasing to enter the website and using the services

9.2 Effect of termination
(a) On any expiry or termination of these Terms of Use, Same Day Printing Embroidery may delete any websites, web pages, files, graphics, media or other content or material relating to users use of the Website and/or the Services provided and Same Day Printing Embroidery shall have no liability to user or any person for doing so.
(b) The expiry or termination of these Terms of Use shall not prejudice or affect any cause of action, right, remedy or defiance which shall have accrued or shall thereafter accrue to either party.

10. General

10.1 Severability
If a clause or any part of any clause of these Terms of Use or a right or remedy of a party under these Terms of Use, is found to be void, invalid or unenforceable by any court or tribunal having jurisdiction in respect of these Terms of Use, then:
(a) it shall be read down or severed in that jurisdiction only to the extent that it is void, invalid or unenforceable; and
(b) it does not affect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.

10.2 Variation
Same Day Printing Embroidery may amend unilaterally these Terms of Use in its sole and unfettered discretion at any time, and user hereby agrees to abide by and be fully bound by such amended terms. The amended terms shall be effective automatically and immediately once they are posted on the Website, and user's continued access and use of the Website and the Services on or after such effective time constitutes the user's unequivocal and unconditional acceptance of the amended terms. These Terms of Use may not be otherwise amended. If user does not agree to any amendments to these Terms of Use or to any of the current terms, its only right and remedy is to cease using the Website and the Same Day Printing Embroidery services.

10.3 Waiver
A waiver, consent, election or acquiescence given by a party under these Terms of Use is only effective and binding on that party if it is given or confirmed in writing by that party.

10.4 Assignment
(a) Same Day Printing Embroidery may at any time transfer, assign, novate or otherwise dispose of any or all of its rights or obligations under these Terms of Use on giving user no less than five (5) days’ notice in writing.

10.5 Governing Law and Jurisdiction
(a) These Terms of Use shall be governed by and construed in accordance with the law in force for the time being in Delaware, United States of America (without regard to its conflict of law rules).
(b) Each party irrevocably submits to the exclusive jurisdiction of the courts of Delaware, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these.