Any person or entity (“user”), registered to use or access the site at http://represent.com (“site”) or any information contained in the site, agrees to and is bound by the following terms and conditions of this registered user agreement (“agreement”).
Contracting parties. When you register with the Site, you are contracting with Represent Holdings, LLC (t/a Represent), a company registered in CA, USA with its registered office at 1880 Century Park East, Suite 200, Los Angeles, CA 90067. Represent Holdings, LLC (t/a Represent) is referred to in these terms and conditions as “we”, “us”, “our” or “Represent”. Please note that age restrictions may apply to certain Campaigns in some cases.
Passwords. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site; to not do anything which would assist anyone who is not a registered User to gain access to any secured area of the Site; and, to not create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, you must let us know immediately via email to firstname.lastname@example.org and we will close your account as quickly as possible. You agree that you will be responsible to Represent and to others for all activity that occurs under your registration account.
Site Content. This Site is intended only for the purposes specified on the Site, and use of the Site and/or all content contained within the Site (“Content”) is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date and is subject to change, sometimes at short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Please note that Represent does not represent or warrant that the Site or the Content will be accurate, up-to-date, complete or free of defects, including without limitation viruses or other harmful elements. Certain Content may become temporarily unavailable due to outages or other problems.
Ownership of Content. Represent, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or Content in any form (including storing it in any medium) other than as expressly allowed herein or as permitted on the Site or under applicable law. The Site and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense or for any commercial or partly-commercial re-sale or other use.
Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site, please immediately report such material (and the specific page on which it is found) to email@example.com.
Your Use of the Site and the Content. You agree to not use the Site or any of the Content for any reason other than as authorised by Represent solely via the normal functionality of the Site.
Submitting Material. If you upload any material to the Site (including, without limitation, written material comments) you hereby grant to us a worldwide, non-exclusive licence to use that material in any media and, specifically, to make that material available via the Site and other third-party platforms, media channels and/or distribution or performance methods. You further agree to waive your moral rights for the purposes of this licence. We reserve the right to cut, edit, crop or arrange your material as necessary for purposes related to the Site, and to remove the material at any time.
The Represent Store. Using the Site’s online store, you may purchase some or all of the following (individually and collectively defined as “Products”): (A) T shirts and/or other clothing items; (B) hats and/or shoes and/or footwear; and (C); other physical or virtual products that may be available via the Site from time to time. Please note that all orders are subject to availability and we may withdraw Products from the Site at any time, sometimes at short notice. Whilst we will always endeavour to print and ship the exact item ordered, this is not always possible - so if there are any inventory or stock issues that prevent delivering the exact item ordered, we may send you a near alternative for you to consider. Please note that the Products are not reserved for you until you have completed the checkout process.
Prices and Payment. Minimum prices (and any delivery costs) are as set out on the relevant pages of the Site (except in cases of obvious error). Such amounts are subject to change at any time. We may change the minimum prices for Products at any time by posting new minimum prices on the Site. You are responsible for payment of sales tax and any other applicable import duties and taxes that may be levied once the Products reach your country. Whilst we use our best efforts to ensure that all prices on the Site are accurate, errors do sometimes occur. We will normally verify the applicable price in each instance as part of the Order Confirmation. If a pricing error is found in your order, we will contact you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you choose to cancel your order for this reason, we will refund or re-credit you for any sum that has been paid by you or debited from your debit/credit card for the Products. If we are unable to contact you, we will treat the order as cancelled.
Credit Cards. Payment for all Products may be by credit or debit card. We accept payment with Visa, Visa Debit, Mastercard, Maestro, Discover and American Express. In most circumstances you will not be charged i.e. funds will not be debited from your card or account until the campaign goal is reached. At our discretion we may decide to produce and fulfil some products even when the campaign goal is not met. Purchasers will be notified when this is the case. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment, your order will be cancelled and we will not be liable for any delay or non-delivery. We are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of us processing of your credit/debit card payment in accordance with your order. By using your credit or debit card, you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges.
Acceptance. By placing an order through the Site, you warrant that you are legally capable of entering into binding contracts and that you agree to be bound by this Agreement. To place an order, you will be required to provide complete and accurate personal details on the order form. This will include some or all of the following: first name, surname, email address, telephone number, invoicing and delivery address. After placing an order, you may receive an e-mail from us acknowledging receipt of your order. Please note that this email is an acknowledgment and does not mean that your order has been accepted. Your order constitutes an offer to buy a Product on these terms and conditions. All orders are subject to acceptance by us and we will confirm such acceptance by sending you a personal order confirmation e-mail (“Order Confirmation”). The sale and purchase contract between us will only be formed when we send you the Order Confirmation. We reserve the right to reject your order for any reason prior to acceptance.
Right of Cancellation. Failure to comply with the return obligations under this Agreement may result in a deduction by us of the cost of recovering the unreturned Product(s). Any returns of faulty items will be processed at our sole discretion according to the condition of the returned Product(s). We will not be liable to you for failures, defects or delays in delivery caused by: (a) your provision of incorrect information; (b) your mailbox being full or otherwise unable to receive goods; (c) your failure to comply with instructions for use of the Service; and/or (d) an event which is outside of our reasonable control. This provision does not affect your statutory rights as a consumer.
Delivery. Deliveries to addresses outside the USA may incur additional delivery charges as itemised during the checkout process. Your order will be delivered during normal business hours, once payment has been made, to the address provided on the checkout page. Deliveries may require a signature on delivery. For this reason, it is not possible to deliver to a PO Box address or a hotel. We will endeavour to process your order as soon as possible following receipt of payment from you. We are not responsible for non-delivery if you have entered your address incorrectly or if you have used foreign alphabet or non-English language characters. Risk passes to you once delivered, but Products shipped to any non-card registered address are sent entirely at your risk. Please note that no title of the relevant goods shall pass to you until payment has been received in full and delivery has been completed. Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including any applicable delivery charges. Your statutory rights are not affected.
Damaged Products. Products will be your responsibility from the time of delivery. Therefore, if the packaging is damaged at the time of delivery, please check the package in the presence of the carrier in order to verify the condition of the Products. In the unlikely event a Product is damaged or lost in transit, please make a note on the delivery slip and contact customer services and we shall endeavour to supply a replacement as soon as possible. If we cannot supply an identical Product, we will offer you an alternative similar Product and/or issue a credit note.
Refunds. In addition to your statutory rights, if you are not completely satisfied with your purchase, you may return it to us (with proof of purchase) within thirty (30) days of receipt and we will arrange for an exchange (subject to availability), or a refund if the product is technically-faulty, if the quality of printing is manifestly poor and/or if the printing does not match the relevant display on the Site at the time of purchase, or if the product is otherwise materially different than as presented in the applicable campaign. In these circumstances you may be responsible for the cost of returning the Product to us in an undamaged condition. Please note that this right to exchange or refund may not apply to some personalised Products. If you are resident within the European Union, you also have a right to return for refund within the 14-day “Cooling-Off” period. If you return a Product to us for any other reason, we will examine the returned Product and will notify you of any applicable refund right via e-mail within a reasonable period of time. We will process refunds as soon as possible. Please note that we will refund the price of any defective Product, plus any applicable delivery and/or charges you reasonably incur in returning the item to us.
Samples. Products displayed on the Site are intended for demonstration or illustrative purposes only. Although we endeavour to display colours accurately, we cannot guarantee that your device’s display of the colours accurately reflects the colour of the Products. In relation to colour, size and proportion, actual Products may vary from images on the Site.
Liability. You agree that the liability of Represent to you hereunder shall be limited to the lesser of: (1) the amount you have actually paid to Represent for our Products or Services; and (2) one hundred dollars (US$100). Except as set out herein, Represent shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of this Site or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Represent.
Indemnity. You agree to indemnify Represent for any loss or damage that may be incurred by Represent, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Site. You further undertake to indemnify Represent for all loss or damage incurred by Represent in relation to any third party claim against Represent for infringement of intellectual property rights arising in relation to your provision of materials to the Site.
General Site Disclaimer for Services. Except as expressly set out above, the Service and the Products are provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable law. In addition, we do not represent or warrant that the Site or its contents will be free of defects, including without limitation viruses or other harmful elements. You agree and accept that Represent shall not be liable for any change, suspension or interruption to the Site or the Service. Represent provides no warranty regarding continuous access to the Site or the services, as operations of the Site may be interfered with by numerous factors outside of our control.
Termination of this Agreement. You may close your registration account at any time in accordance with the account closing procedures set out on the Site. Represent may at any time terminate this legal Agreement if, in our sole discretion, we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable.
Trade Marks. The brands, products and service names used or appearing within the Site (including, without limitation, “Represent”) are the trademarks or trade names of Represent or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or taglines without the prior written permission of Represent.
Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere”) with the Site in any manner. If you in any way Interfere with the Site, you agree to pay all damages incurred by Represent. Represent will cooperate with the authorities in prosecuting any User who Interferes with the Site or otherwise attempts to defraud Represent or any other parties through User’s use of the Site or services provided via the Site. Represent reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block User’s IP address or addresses at any time, and at our sole discretion to disallow User’s continued use of the Site. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
No Partnership. Your use of the Site and/or its content creates no partnership, client, fiduciary or other professional relationship.
Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
Variation. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. User’s continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.
Law and Jurisdiction. This Agreement shall be governed by and will be construed in accordance with the laws of the State of New York. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of the State of New York.