Shirt Back and Sides specialise in custom made to order fancy back shirts and bespoke waistcoats. We are, as far as we are aware, the only place where your fabric can be chosen from anywhere in the world. This makes most of our garments unique.
Before spelling out the legal terms and conditions for using our service, we’d like to set out a few basic values we believe are core to us:
•Respect and support for copyrights, both yours and those of others. You cannot send designs to Shirt Back & Sides that you don’t own or have permission to reproduce. Whether or not you have legal permission to reproduce a design is not something we can determine for you. It is your responsibility to understand the permissions associated with any design you send us. If you believe a design on our site violates your copyright, please notify us using the process described below.
•Your control of your own designs. In order to run Shirt Back & Sides we have to be able to do things like reproduce and distribute the designs you send, actions outlined below in the section titled Proprietary Rights. But at all times you retain both copyright and control over your images. We will not sell, share, or reproduce your work except as necessary to run our service and our Web site. Shirt Back & Sides offer this service to empower creative people who want to have something unique, not to take advantage of them.
•Shirt Back & Sides standards. We place great faith in the good judgment of our clients. Our Web site is used by people of all ages, from countries around the world. For that reason we discourage the use of image’s that might be considered offensive or inappropriate. Designs are private by default and we reserve the right to make public pictures of your finished garment.
•1) Acceptance of Terms; Modification to Terms.
Thank you for visiting Shirt back & Sides. Shirt Back & sides provides its Web site and services (“Site”) subject to the following terms of service (“Terms”).
By using the Site, uploading any data or images or ordering products, you are indicating your agreement to be bound by these terms and all revisions thereof. If you do not agree to these Terms, do not accept them and discontinue using and accessing the Site. These Terms are applicable to your use of the Site regardless of how you accessed the Site.
We may modify the Terms at any time. If the modifications to the Terms constitute a material change, in Shirt Back & Sides good faith reasonable judgment, Shirt Back & Sides will notify you by posting a notice on the homepage of the Site. You should review these Terms from time to time so that you understand the terms and conditions of your use of the Site. If you do not agree to any amendment of these Terms, you must immediately stop using the Site. Your continued use of the Site after any modification to these Terms constitutes acceptance of the amended Terms. If you ever have any questions about these Terms, please do not hesitate to contact us at [email protected]
2) User Conduct
When you post images/designs to Shirt Back & Sides Web site, you keep your copyright. In order to maintain an Internet-based service Shirt Back & Sides is required to be able to copy, crop, modify, reproduce and display your images. Shirt Back & Sides will only perform these actions to the extent necessary to provide its service, but by submitting Content to Shirt Back & Sides you grant Shirt Back & Sides a nonexclusive, worldwide, transferable license to do so. If your Content is uploaded as a design for fabric it means your acceptance to these terms and conditions.
By making your fabric Design public on the Site, you give Shirt Back & Sides the right to display or print your Design and the finished garment, including photographing the fabric made from that design, for use in materials used to help market both the Site and their social media. Be aware that Google and other search engines will also index public images and the information included in within our website.
By uploading photographs, designs, drawings, text or other content [“Content”] to the Site you represent and warrant that:
•you have the lawful right to reproduce and distribute such Content;
•that the Content complies with all applicable local laws, regulations and ordinances;
•that the Content does not violate any copyright, trademark, trade secret or other intellectual property right of any third party;
•that the Content does not invade any individual’s right of privacy or celebrity;
•that the Content is not unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable.
In using this Site, you also agree:
•not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
•not to upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
•not to upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
•not to upload, download, post, email or otherwise transmit false or misleading information;
•not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
•not to access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
•not to collect or store personal information about any other use of the Site.
You understand that Shirt Back & Sides provides an automated Web service and does not filter or examine Content uploaded on this Site, but that Shirt Back & Sides and its designees shall have the right (but not the obligation) in their sole discretion to review and to reject or remove any Content that is available via the Site. Upon placing any order through the Site, you acknowledge that Shirt Back & Sides may review it and the Content it contains for adherence to our guidelines and compliance with the terms and conditions set forth in these Terms. Without limiting the foregoing, Shirt Back & Sides and its designees shall have the right to refuse to fulfill any order for any reason and to remove any Content that violates the Agreement or is otherwise objectionable to us. At our discretion we will remove Content and/or user accounts that violate our policies with respect to the Site. Shirt Back & Sides reserves the right to amend the policies described above from time to time at its sole discretion.
You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither Shirt Back & Sides nor any other party involved with the production of any product incorporating such Content, including but not limited to fabric, assumes that responsibility. Shirt Back & Sides production of any product depicting your Content, including but not limited to fabric, does not indicate that Shirt Back & Sides accepts, approves of or endorses the Content, that the Content complies with applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.
You hereby agree to waive any claims against Shirt Back & Sides and its affiliates, contractors, agents, third party service providers and employees (collectively, “Representatives”) for losses, damages and injuries which are based on or relate to communications or materials made available to the Site or posted on the Site, including other Content, by other users and persons other than Shirt Back & Sides or its Representatives.
Notwithstanding the foregoing, you acknowledge and agree that Shirt Back& Sides may preserve Content and may also disclose Content or information, including your personal information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Shirt Back & Sides, its users and the public. We may also disclose personal information as necessary to investigate or prevent violations of these Terms or suspected illegal activity, to trusted partners who work with us under confidentiality agreements, or to a company that acquires or merges with Shirt Back & Sides at any point in the future.
4) Proprietary Rights
You acknowledge and agree that any data, materials or content, including but not limited to designs, text, photos, images, etc. or other material contained or distributed on or through the Site by Shirt Back & Sides , or its Representatives (“Content”) is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use, reproduce or distribute any Site Content without the authorization of the owner of such Site Content, except for uses permitted by law.
You acknowledge and agree that the Site and any software used in connection with the Site (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. All such Software and the Site shall remain the property of Shirt Back & Sides and you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
5) Copyright Policy
It is Shirt Back & Sides policy to respond expeditiously to claims of infringement. Shirt Back & Sides will promptly process and investigate notices of alleged copyright infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. Shirt Back& Sides may terminate patterns of clients whom it believes to be infringers at its sole discretion.
If you believe in good faith that your copyrighted material has been posted on the Site in violation of any applicable rights or licenses, and you want this material removed, you must provide the Site with a written communication that details the information listed in this section. Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. You may wish to contact an attorney for legal assistance on this matter prior to submitting a notification.
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following:
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b) a description of the copyrighted work(s) claimed to have been infringed;
c) an identification of the material that is claimed to be infringing, including a link to or description of where the claimed infringing Content is located on our Site so that Shirt Back& Sides is capable of finding and verifying its existence;
d) contact information, including identification of the copyright owner, your name, address, telephone number, and email address
e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyright interest involved.
Send the written infringement notice and the materials above to our “Designated Agent” the following address:
Shirt Back & Sides, Fenholme, Thorpe Fendykes, Wainfleet, Skegness. Lincs. PE24 4QW.
Email: [email protected]
Upon receipt of notices complying, or substantially complying, with the DMCA and this section, Shirt Back& Sides will use its reasonable efforts to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
6) Warranty of Ownership and Non-infringement
YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT.
You agree to defend, indemnify and hold Shirt Back & Sides and Shirt Back & Side’s officers, directors, employees and other Representatives harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of these Terms or (e) your violation of any rights of a third party.
The Site may provide, or third parties may provide, links to other Web sites or resources. Because Shirt Back & Sides has no control of such sites and resources, you acknowledge and agree that Shirt Back & Sides is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Shirt Back & Sides shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Prices for products on Shirt Back & Sides are described on our Web site and are incorporated into these Terms by reference. All prices are in Pounds Sterling. Prices and products may change at Shirt Back & Sides discretion.
Title and risk of loss for all Products ordered by you shall pass to you on Shirt Back & Sides shipment to the shipping carrier. You shall be responsible for payment of all shipping, insurance, customs charges and other transportation costs for shipment of Products ordered by you through the Site, unless otherwise stated on the Site or agreed by Shirt Back & Sides (such as through a special offer).
11) Deleting Designs Or Accounts
If you wish to terminate your Shirt Back & Sides pattern, please contact us and request to do so.
If you choose delete a design from Shirt Back & Sides, it will no longer be available. We do retain copies of designs in our archives to the extent required by our systems for backing up and protecting our database and Web site. If you send a Design and then cancel it from us, we preserve a copy of your design in order to fulfill any future order if you change your mind. We do not use backup copies of deleted designs for any purpose other than fulfilling pre-existing orders.
If you cancel your order, Shirt Back & Sides will retain at its discretion your personal information as long as is reasonably required to fulfill the purposes for which it was collected. Shirt Back & Sides does not retain residual rights to deleted or retired work other than those outlined above.
12) DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SHIRT BACK & SIDES AND ITS REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHIRT BACK & SIDES OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SHIRT BACK & SIDES DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE, ITS CONTENT OR ANY PRODUCTS ORDERED THROUGH THE SITE, INCLUDING FABRICS, WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
13) LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL SHIRT BACK & SIDES OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY PRODUCTS ORDERED THROUGH THE SITE. IN THE EVENT THAT YOU OBJECT TO ANY OF THESE TERMS OR BE DISSATISFIED WITH YOUR USE OF THE SITE, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE AND IN THE EVENT THAT ANY PRODUCTS OBTAINED THROUGH THE SITE ARE DEFECTIVE, YOUR REMEDY AND SHIRT BACK & SIDES SOLE OBLIGATION SHALL BE RETURN OF THE DEFECTIVE PRODUCTS AND, UPON DETERMINATION BY SHIRT BACK & SIDES OF SUCH DEFECTS, REFUND OF ANY AMOUNTS PAID BY YOU TO SHIRT BACK & SIDES FOR SUCH DEFECTIVE PRODUCTS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree that any claim or cause of action arising out of or related to your use of the Site or these Terms must be filed within (14) days after such claim or cause of action arose or be forever barred.
If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.
Shirt Back & Sides shall have no liability for any failure or delay resulting from any condition beyond the reasonable control of Shirt Back & Sides, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
This Agreement will be governed by the laws with in the UK. Shirt Back & Sides may elect to resolve any controversy or claim arising out of or relating to these Terms or the Site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Lincoln, Lincolnshire and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Lincolnshire. UK, necessary to protect the rights or the property of you or Shirt Back & Sides (or its Representatives), pending the completion of arbitration..