Introduction
Welcome to the UltraPress website, located at https://ultrapress.com
(the “Site”), and operated by Taggle, a California Corporation, doing business as UltraPress. The following terms and conditions (“Terms”) govern your use of this Site. By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, or if you are under 18 years of age, or if you are not a legal resident of the United States, you are not granted permission to use this Site and must exit immediately. UltraPress can be contacted at help@ultrapress.com or by telephone at (888) 740-8701.
Description Of Services
UltraPress allows you to design and order your own custom t-shirts and apparel (hereinafter, “Services”).
Conditions Of Use
As a condition of use, you agree to the following:
You will not upload, post, e-mail, transmit, or otherwise make available any content that is in violation of copyright law, trademark law, or any other law protecting intellectual property in any jurisdiction, or that violates an individual’s right to publicity or privacy.
You will not use the Site to harass, threaten, impersonate, or intimidate anyone.
You will not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
You will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
You will not transmit any worms or viruses or any code of a destructive nature. You will not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Site or any part thereof.
You will not violate any local laws in your jurisdiction (including but not limited to intellectual property laws).
You will not use the Site for any illegal or unauthorized purpose. If you are an international visitor, you agree to comply with all local laws regarding online conduct and acceptable content.
Registration
In order to access certain content, services, products, or benefits on the Site, you may be asked to register and create an account. Also as part of the registration process, you may be asked to select a username and password, and may be required to provide UltraPress with certain information about yourself including some types of personally identifying information such as your email and your address. UltraPress may use this information to determine your designated region of the United States and to fulfill any potential order you may place on the Site. You are fully responsible for your account, including use of the account by any third party, and maintaining the confidentiality of your password. You may terminate your account at any time by contacting UltraPress via e-mail or telephone at the address or telephone number above.
Payment and Remittance
By registering for UltraPress or purchasing products or services on or through the Site, you represent that you are eighteen (18) years of age or older and not otherwise unable to form legally binding contracts. You are responsible for all charges incurred under your account, whether made by you or another person using your account. You are also responsible for paying any governmental taxes imposed in connection with use of the Site or the purchase or any products or services, including sales, use or excise taxes. To the extent that UltraPress is obligated to collect such taxes, the applicable tax will be added to your billing account.
UltraPress accepts online payment via credit card or debit card. All payments sent electronically are securely transmitted.
Approval, Modification and Cancellation
Once you have fully approved of and paid for your order, the order will move into production and you will no longer have the option to modify or cancel the order.
Prior to providing such final approval on the Site, you may, either (a) modify any or all of the details of the services requested in the order; or (b) terminate the order completely (“Cancel the Order”). In the event that you modify the details of the Order, there may be incremental charges that are incurred as a result of these changes. UltraPress will bill you accordingly for such incremental charges.
Shipment and Delivery
UltraPress orders are typically delivered within 14-18 business days after the Customer approves and pays for the order. Turnaround times are subject to change based on current volumes.
Refund Policy
We do not offer exchanges.
We strive to match the details on your final approved proof as close as possible. However, if you encounter an issue with your order and you would like to return your order for any reason, please report the issue to us by emailing help@ultrapress.com within 14 business days of receiving your order. Orders that have gone past 14 business days of receipt will be considered accepted and no returns will be expected. In your email, please include photographs and specific issues with what you’re unhappy with.
After reporting your issue, please ship your order back to us in the original condition that you received it (unworn and unused), within 5 business days of your email issue report. You must pay for the return shipping back to us. Once we receive your order we will refund you the number of pieces we receive back, minus a 20% restocking fee due to the custom nature of the product.
Intellectual Property
As between you and UltraPress, UltraPress owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the Site (“Site Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Materials. All Site Materials are protected pursuant to copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. As between any user and UltraPress, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to UltraPress or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Unless expressly written otherwise by UltraPress, you do not have any rights of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms.
By using our Services, you represent and warrant that you own, have legally licensed, or have the requisite rights to reproduce all the designs you provide us with (hereinafter, “User Content”). You hereby grant us, our websites, and third-party affiliates, a worldwide, royalty-free, nonexclusive, assignable and sublicensable limited license, to manufacture and produce your User Content for you through our Services.
You are solely responsible for all User Content that you submit through our Services. You represent and warrant that you own or have obtained all intellectual property rights in your User Content, including without limitation, the right to manufacture, distribute or sell products that include your User Content. Further, you represent and warrant that you provide UltraPress with rights as set forth in these Terms; Your User Content and the manufacture, distribution or sale of products that include your User Content does not and will not infringe the intellectual property rights of any person or legal entity, including without limitation any copyright, moral rights, trademark, patent, right of publicity or right of privacy; Your User Content is free of false, inaccurate, misleading, incomplete, defamatory or libelous obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy, in violation of anyone’s rights, including their privacy or publicity rights, abusive, inflammatory or otherwise objectionable materials; and your User Content is accurate, not misleading or otherwise deceptive.
UltraPress does not review all the User Content and is not responsible for any User Content made available by you through our Services. However, UltraPress reserves the right to examine or evaluate the content and to refuse to complete our Services if we determine the content violates these Terms or our rules, policies and procedures.
It is your responsibility to make sure you are fulfilling your legal responsibilities and not violating anyone’s rights or breaking any applicable laws by submitting the content through our Services.
As long as you are in compliance with these Terms and our rules, policies and procedures, UltraPress grants you a limited, non-exclusive, revocable, non-transferable license, without right of sublicense, to use our Services solely for the purposes intended under these Terms.
If you believe your work has been copied in a way that constitutes intellectual property infringement, please contact us at help@ultrapress.com.
Review Content You Submit to UltraPress
UltraPress may allow you to post reviews, comments, photos, or similar materials on the Site (collectively, “Reviews”). We welcome your comments regarding our Products and Services, including our Site. However, any Reviews you submit to us must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
By posting a Review on the Site, you hereby grant UltraPress an unrestricted, assignable, sublicensable, perpetual royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you post to the Site, for any purpose, including promoting and marketing UltraPress, and our Products and Services. You further grant UltraPress a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you post to the Site. By posting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. Except for materials provided to you by UltraPress through the Site, you represent, warrant, and covenant that: (i) you either are the sole and exclusive owner of Reviews that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to UltraPress the rights in your Reviews as contemplated under the Terms, and (ii) the Reviews you post to the Site do not: (a) infringe, misappropriate or violate the rights of any party or entity, including a third-party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights; (b) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise); or (c) require UltraPress to obtain any licenses from or make any payments in any amounts to any third-party throughout the world.
You agree not to submit Reviews that: (i) are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by us in its sole discretion; or (ii) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.
UltraPress has no obligation to monitor the Site or any portion thereof. However, we reserve the right to review any Reviews and remove, delete, redact, or otherwise modify such Reviews, in our sole discretion, at any time and from time to time, without notice or further obligation to you. We have no obligation to display or post any Reviews. UltraPress, subject to our Privacy Policy, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.
Unauthorized Activities
You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including to import, export, copyright, and trademark laws); (b) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the Site Materials, unless otherwise authorized by these Terms or in a separate written agreement with UltraPress; (c) attempting to gain unauthorized access to UltraPress’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site; or (d) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the Site aimed at preventing or restricting the unauthorized use of the Site or any of the Site Materials. You may use the Site and the Site Materials for your own personal, noncommercial use, or in ways otherwise consistent with these Terms. Any other use of the Site or Site Materials without prior written permission of UltraPress is strictly prohibited. You acknowledge and agree that the unauthorized use of the Site or the Site Materials could cause irreparable harm to UltraPress and that in the event of such unauthorized use, UltraPress shall be entitled to an injunction in addition to any other remedies available at law or in equity.
Third Party Web Sites and Content
The Site is available for informational purposes only. The Site may contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Use of such third party links, the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk. UltraPress does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of any third party’s website is at your own risk, and subject to the terms and conditions of such other websites. UltraPress does not endorse any product, service, or treatment provided on a third party website or advertised or provided on the Site.
Privacy Statement
Any personal information that you provide to UltraPress on the Site is subject to our Privacy Statement. For more information, click here to view the Privacy Statement
, which is incorporated into these Terms by reference, as if set forth fully herein. Please be advised that the confidentiality of any communication or material transmitted to UltraPress via the Site or Internet electronic mail cannot be guaranteed, including, for example, personal information such as your address or name.
Disclaimer
UltraPress, its subsidiaries, affiliates and licensors, are not responsible for and do not guarantee the accuracy or completeness of any Site Materials, User Content, products, data, services (whether performed by UltraPress or any third party), links, advertisements or other items contained within or made available through the Site. UltraPress reserves the right to immediately remove any Site Materials or User Content for any reason or for no reason. UltraPress cannot and does not review all communications or products made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any User Content, Site Materials, the Site or the products or services made available in connection with the Site, including information submitted in connection with the Site Materials or other features at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of Site Materials or User Content and that you may not rely on such Site Materials or User Content.
THE SITE, THE SITE MATERIALS, USER CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. TAGGLE AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITE, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
LIMITATION OF LIABILITY. TAGGLE AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR TAGGLE HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF TAGGLE AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, USER CONTENT, THE SITE MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE AND THE SERVICES AND PRODUCTS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF TAGGLE AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with the Site or with any of these Terms, or feel UltraPress has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
Indemnification
You shall indemnify Taggle and its directors, officers, employees, agents, contractors and licensors (“Taggle Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site, the Site Materials or any services, product or data obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Materials, the services, products, information and other materials on, in and made available through the Site, (except to the extent attributable to Taggle), or any breach by you of these Terms and shall indemnify and hold UltraPress Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Taggle. Taggle or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If Taggle or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to Taggle, subject to the right of Taggle to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
Internet Security
UltraPress uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. UltraPress will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that UltraPress shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to UltraPress via the Site or the Internet, including, for example, personal information such as your name or address.
Complaint Procedures
If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify UltraPress via e-mail at the address above with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
Changes to these Terms; Termination
UltraPress reserves the right at any time to modify, alter or update these Terms. We will notify you on the Site or by email of any new or revised Terms, including information regarding the location of the new or revised terms and conditions. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit. UltraPress may suspend or terminate your account and/or your ability to use the Site, or any services on the Site for failure to comply with these Terms, for providing UltraPress with untrue or inaccurate information about yourself, for infringement upon UltraPress proprietary rights, or for any other reason whatsoever or for no reason. Termination of your account, even if by you pursuant to Section 1 of these Terms, does not in any way alter or affect UltraPress’s rights in the User Content under these Terms. For clarification, upon termination of your account, even if by you pursuant to Section 1 of these Terms, UltraPress is not required to delete or remove from the Site or its internal records any User Content, and may use that User Content in any way otherwise consistent with these Terms. However, termination of your account, even if by you pursuant to Section 1 of these Terms, will immediately terminate any sublicense granted to you pursuant to Section 8 of these Terms.
Governing Law and Jurisdiction
These Terms represent the entire agreement between you and UltraPress with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of California, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in Los Angeles, California; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
Miscellaneous
The Site is controlled and operated from within the United States. Without limiting anything else, UltraPress makes no representation that the Site, Site Materials, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of UltraPress to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
Our support hours are
Monday – Friday,
9:00AM – 6:00PM CST.
Our support hours are
Monday – Friday,
9:00AM – 5:00PM PT.
