What this Agreement Covers
This Agreement governs your use of the Site and the EarthDayShirts.com service (the "Service"). The Service permits customers that have an appropriate relationship either with: (i) institutions of higher learning, fraternal organizations, honor societies and other collegiate groups (collectively, "Institutions"); (ii) corporations and small businesses; (iii) elementary and secondary schools; or (iv) other organizations, to purchase merchandise properly describing that relationship. You understand that by using the Site and the Service, you have agreed to the terms and conditions of this Agreement and you agree to use the Site and the Service solely as provided in this Agreement.
Intellectual Property Rights of EarthDayShirts.com and Third Parties
EarthDayShirts.com is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the EarthDayShirts.com Site (collectively the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by EarthDayShirts.com.
EarthDayShirts.com is the owner of the EarthDayShirts trademark; other trademarks made available through this Site, including logos, slogans, color schemes and design trademarks, are licensed for use by EarthDayShirts.com from Institutions and other third parties (the "Licensed Marks"). By using the EarthDayShirts.com Site, you agree to limit your use of Licensed Marks to uses that are directly related to such third parties and to comply with any restrictions or conditions imposed on the use and access of the Licensed Marks by the third parties. EarthDayShirts.com will notify you of such terms if your usage is in violation of such terms.
Generally, products created using images available on the site should not be resold commercially. In the event that you wish to resell such products, you agree to contact EarthDayShirts.com and verify the legality of reselling such products prior to doing so. Designs created using the text tools and images available through the site are in no way the exclusive property of the customers who assemble such designs. EarthDayShirts.com retains the right to display such designs or offer them (or variations of such designs) to other customers.
Additionally, EarthDayShirts.com has the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, religion, disability or national origin, containing explicit sexual content or is otherwise inappropriate for EarthDayShirts.com production.
You agree to not use EarthDayShirts.com's Service to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
Last Modified: August 1, 2016
By using our Site, you consent to our collection, use and disclosure of your information, including Personal Information (defined below), as described in this Policy. Your use of our Site is subject to this Policy and our User Agreement.
Information we collect
We may collect information directly from you, automatically through your use of our Site, and from third parties. We may combine all of information we collect about you from these various sources.
• Information we collect directly from you. Depending on how you use our Site, you may provide us with certain information that can identify you as an individual, such as your name, email address, phone number, credit or debit card information and shipping or billing address (collectively, "Personal Information"). We will also collect any other information that you choose to provide to us through our Site (eg contents of messages you send to us through our Site).
• Content that you provide. If you post Content on our Site, the Content (e.g., t-shirt designs, photos, comments, reviews, graphics, or other materials), as well as other information (eg user name or profile picture), may be available to all visitors to our Site, and we cannot prevent such Content or information from being used in a manner that may violate this Policy, our User Agreement, the law, or your personal privacy.
• Information we collect about you from third parties. We may collect information about you from third parties. For example, we may collect demographics information from public sources and from third-party data and analytics companies. In addition, we may collect information about you from other EarthDayShirts.com users (eg if one user ships a package to another user).
• Information we collect automatically through your use of our Site. We may automatically collect information about your use of our Site and your orders, including but not limited to your Internet protocol ("IP") address; the type of web browser you are using; the website that led you to our Site; the website you go to after leaving our Site; the pages you view on our Site; the dates and times you access our Site; and information about any orders you place, such as your order identification number, items ordered, and the cost of your order.
How we use your information
EarthDayShirts.com may use your information, including Personal Information and/or Content, for the following purposes:
• Providing our services. To facilitate your orders, to administer your account; to respond to your questions or requests; to provide you with news or other information we think may interest you; to communicate with you about your account, orders or use of our Site or for other informational purposes; to improve our services; and for other account or customer support-related purposes.
• Marketing and advertising.To provide you with special offers, product information and other marketing or promotional communications from EarthDayShirts.com or our affiliates. We may provide marketing or advertising to you in a variety of ways, including through our Site, via email or on other third-party websites (eg using Google Customer Match or Facebook Ads). See our Online advertising and Your choices sections below for more information.
• Research and analytics. To analyze how customers use our Site, services and products; to analyze how customers interact with marketing or other communications we send to them; and for other research, analytical and statistical purposes.
• Protecting rights and interests. To investigate, protect or defend the rights, safety or property of EarthDayShirts.com, our customers or the public; to investigate or enforce perceived violations of our User Agreement or this Policy; as evidence in litigation in which we are involved; and for fraud protection and credit risk reduction purposes.
• Legal compliance. To comply with laws, regulations, legal process (eg a warrant or subpoena) or guidance; and to respond to governmental requests (eg informal requests from a regulator).
How we share your information
EarthDayShirts.commay share your information, including Personal Information and/or Content, with the following types of third parties:
• Service providers.EarthDayShirts.com may share your information with third-party service providers, vendors, agents, contractors or others who perform functions on our behalf. For example, we may use service providers to process your orders, deliver packages or send mail. We will obtain consent for such sharing with service providers where legally required.
EarthDayShirts.com may also share your information, including Personal Information and/or Content, in the following contexts:
• Protecting rights and interests.EarthDayShirts.commay share your information to investigate, protect or defend the rights, safety or property of EarthDayShirts.com, our customers or the public; to investigate or enforce perceived violations of our User Agreement or this Policy; as evidence in litigation in which we are involved; and for fraud protection and credit risk reduction purposes.
• Sale or acquisition of assets. EarthDayShirts.com may share your information if we become involved in a transaction involving the sale of our assets, such as a merger or acquisition, if we are transferred to another company, in the event of a bankruptcy, or as part of any other business transfer. If the surviving entity in such a transaction is not WokrPlacePro, the surviving entity may use your information pursuant to its own privacy policies, which may be different from this Policy.
• Legal compliance.EarthDayShirts.commay share your information to comply with laws, regulations, legal process (eg a warrant or subpoena) or guidance; and to respond to governmental requests (eg informal requests from a regulator).
Cookies and other tracking mechanisms
We may automatically collect information about you through the use of common information-gathering tools, as well as new tracking technologies that develop as technology evolves. The tools that we or our service providers may use to track you include the following:
• Web beacons/clear GIFs. Clear graphics interchange format images ("GIFs") are tiny graphics with a unique identifier, similar in function to cookies, that are embedded invisibly on web pages or in emails. We or our service providers may use clear GIFs (also known as web beacons, web bugs or pixel tags) in connection with our Site to track the activities of visitors to our Site, help us manage content and compile statistics about usage of our Site. We or our service providers may also use clear GIFs in emails to our users, to help us track email response rates, identify when our emails are viewed and track whether our emails are forwarded.
Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance ("DAA") Consumer Choice Page for information about opting out of interest-based advertising and your choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative ("NAI") Consumer Opt-Out Page for information about opting out of interest-based advertising and your choices regarding having information used by NAI members.
Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Pagewill opt you out from those companies' delivery of interest-based content or advertisements to you, but it does not mean you will no longer receive any advertising through our Site or on other websites. Please note that even if you opt out, you may continue to receive advertisements, for example, based on the particular website that you are viewing (ie contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA's website at www.aboutads.info or the NAI's website at www.networkadvertising.org.
The service providers we use for online advertising may change. However, for your convenience, here are the opt outs for some of the advertising service providers we use as of the "Last Modified" date of this Policy:
• Account information. If you ever wish to access your Personal Information, update your Personal Information or cancel your account, please contact us at privacy@EarthDayShirts.com or through the contact information below. Please note that we may maintain copies of your information and Content even after you have updated the information or canceled your account.
• Communications from EarthDayShirts.com. We may send periodic promotional or informational emails to you, about EarthDayShirts.com and other third-party information and offers. In the event you do not wish to receive such emails from EarthDayShirts.com, you may opt out of such communications by following the opt-out instructions contained within the body of any email message you receive or emailing us at privacy@EarthDayShirts.com and requesting that you no longer receive communications from us. It may take us up to ten (10) business days to process you opt out request. Even if you have opted out of receiving marketing and promotional emails from us, we may still send you transactional emails, such as emails about your account or the services you have requested from us.
• Communications from Third Parties. You may also opt out of our sharing your information with third parties for their own marketing purposes on a going forward basis by emailing us at privacy@EarthDayShirts.com. Please note that once we have shared your information with a third party, such information is subject to that third party's privacy policies and practices.
• Online advertising. Please see our Online advertising section above for more information about your choices regarding online interest-based advertising.
Your California privacy rights
If you are a California resident, you may request a list of certain third parties to which we have disclosed "personal information", as defined in California's "Shine the Light" law (Cal. Civ. Code § 1798.83), about you for their own direct marketing purposes. You may make one (1) request per calendar year. In your request, please affirm that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us at: privacy@EarthDayShirts.com. Please allow up to thirty (30) days for a response.
Our Site is not targeted to children under thirteen (13) years of age and we do not knowingly collect Personal Information from children under 13. If we discover that we have inadvertently collected Personal Information from a child under 13, we will promptly take measures to delete that Personal Information from our systems.
Our Site may contain links to other websites. Your use of an external website is subject to and governed by the terms and policies of that website. EarthDayShirts.comis not responsible for the privacy practices of such other websites. We encourage our users to read the privacy statements of each and every website they visit.
We have taken steps to protect your information. For example, we limit internal access to our servers and have physical, electronic, and administrative safeguards in place that are designed to protect your information. However, the transmission of information via the Internet is not completely secure, and we cannot guarantee the security of information transmitted through our Site. We cannot ensure or warrant the security of any such information, and you provide such information at your own risk.
You can also take steps to help protect your information. For example, if you have an account with us, you should take steps to protect against unauthorized access to your account by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping your log-in and password private.
Changes to this Policy
This Policy was last updated as of the "Last Modified" date above. EarthDayShirts.com may modify this Policy at any time and will post any updates to our Site. We therefore encourage you to review this page frequently for any changes.
If you have any questions or comments about this Policy, please contact us using the information below.
Limit of EarthDayShirts.com's Responsibility
EarthDayShirts.com will be responsible for acting only on those instructions sent to EarthDayShirts.com that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. EarthDayShirts.com is not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. EarthDayShirts.com is not responsible should you give incorrect instructions or if your credit card payment is not processed by your credit card company.
The information and materials contained in this Site, including text, graphics, links or other items, are provided "as is", "as available". EarthDayShirts.com does not warrant the accuracy, adequacy or completeness of the information and materials on the Site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.
In no event will EarthDayShirts.com be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if EarthDayShirts.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
Intellectual Property Claims
EarthDayShirts.comrespects the intellectual property rights of others. We have a policy of removing user submissions that violate copyright, trademark, or other intellectual property laws, suspending or blocking access to the design-saving or other features of our site to any user who uses our site in violation of any such law, and/or terminating in appropriate circumstances the account (if any) of any user who uses our site in violation of any such law. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of EarthDayShirts.com, please provide written notice to the following agent for notice of claims of infringement:
140 Chappells Dairy Road
Somerset, KY 42503
In order for us to respond to your notice, it must: (i) contain your physical or electronic signature; (ii) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed; (iii) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (iv) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (v) contain a statement that you have a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owner's agent, or the law; (vi) contain a statement that the information in the written notice is accurate; and (vii) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.
You agree to defend, indemnify and hold EarthDayShirts.com and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use of EarthDayShirts.com's Site and the Service, your violation of this Agreement, or your violation of any rights of another.
This Agreement shall be governed by the laws of the Commonwealth of Kentucky and, where applicable, by federal law.