Web Site Terms and Conditions of Use

Terms
By browsing the domain Capes.com, you are hereby agreeing to be subject to these Terms and Conditions of Use, along with all relevant laws and regulations, and you agree that you are responsible for compliance with any regional laws that apply. If you are not in agreement with these terms, you are to refrain from accessing files on this website. The materials contained on Capes.com are protected by applicable trade mark and copyright law.

Disclaimer
The materials on Capes.com’s web site are provided “as is”. Capes.com makes no explicit nor implicit guarantees or warranties, no warranties including fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Capes.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on Capes.com or otherwise relating to such materials or on any sites linking to  or linked from this domain name.

Limitations
In no event shall Capes.com or its vendors be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) stemming from the use or failed attempt to use the materials on Capes.com’s web domain, even if Capes.com or a Capes.com-authorized representative has been made aware of such potential damage. Furthermore, since certain jurisdictions do not allow limitations on implied warranties or of liability for consequential or incidental damages, these limitations may not be applicable to you.

Hyperlinks
Capes.com has not thoroughly reviewed all of the URLs linked to its domain and bears no responsibility for content other websites. The existence of an outbound or inbound link does not equate with endorsement by Capes.com of the site, nor should it be misconstrued as such. Following outbound links is done so at the user’s own risk.

Site Terms of Use Modifications
Capes.com may change, modify or edit the above terms of use for its web site at any time without approval or notice. By accessing pages or materials on capes.com you are agreeing to adhere to the current Terms and Conditions of Use.

Governing Law
Any claim relating to Capes.com’s web site shall be governed according to the laws of the State of Michigan without regard to its conflict of law provisions.

Cape Customizer Terms
By creating a cape through the Capes.com Customizer, you represent and warrant that you own or are the licensee of all trademark rights, copyrights, rights of publicity and other intellectual property or other proprietary rights necessary to create and conduct the cape (“Cape Rights”), including any rights relating to the images and text used for the cape. You will provide Capes.com with evidence of your cape Rights upon request.

Capes.com does not claim any ownership rights in the content you upload to the Capes.com Customizer. Please be sure you maintain copies of all of your work. Capes.com has no responsibility or liability for the deletion or failure to store any content or information uploaded to the Capes.com Customizer.

Capes.com retains all ownership rights in any designs created by Capes.com designers and may not be used by you, other than in connection with your sweaters on the Capes.com Customizer, without Capes.com’s express written consent.

For the purpose of implementing and fulfilling your cape order and for the purpose of advertising the Capes.com Customizer in any medium Capes.com chooses, you hereby grant Teespring a nonexclusive, worldwide, fully paid up, transferable, sublicensable license under your cape Rights to copy, display, distribute, modify the content you upload to the Teespring Service (including all related images and text).

Quality of Artwork: Each cape must meet reasonable production standards (e.g. a cape may not include a low quality image that will not print well).

Returns: Capes.com does not offer any refunds or exchanges on custom products. This is not negotiable due to our “made to order” creation process. Once a customer places an order, we manufacture it based on your custom design and fulfill. Your order is a binding contract which dictates to us to make what you as a customer want to receive.

Intellectual Property Complaints
Capes.com takes any allegations of infringement seriously. If Capes.com receives any complaint or allegation that your cape or any resulting merchandise constitutes an unauthorized use of a third party’s rights, you understand that Capes.com may terminate or delay your cape, in its sole discretion. In addition, you understand that Capes.com may release your contact information to any third party that satisfactorily alleges a violation of its rights.

Capes.com will consider complaints of possible infringement only from parties that own, or have the exclusive right to exploit, the applicable intellectual property. If you believe that a Capes.com user has infringed upon your rights, please notify Capes.com through our Intellectual Property Claim page. You may also contact us by mail at the address provided at the end of these Terms of Service, attention Legal Department.

You must include with your notification the following information.

A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that you allege is being infringed;

The URL to the Capes.com cape(s) used in connection with the sale of the allegedly infringing merchandise;
Identification of the copyright, trademark or other rights that allegedly have been infringed, including proof of ownership (such as copies of subsisting trademark or copyright registrations);

Your full name, address, telephone number(s) and email address(es);

A statement that you have a good-faith belief that use of the material in the URL submitted is unauthorized by the rights owner, or its licensee, and such use amounts to infringement under federal or state law; and
A statement, under penalty of perjury, that the information in the notification is complete and accurate and that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.
Repeat Infringer Policy: Capes.com has adopted a policy of terminating, in appropriate circumstances and at Capes.com’s sole discretion, users who are deemed to be repeat infringers. Capes.com may also at its sole discretion limit access to the Capes.com Service or terminate the memberships of any users who infringe or violate any intellectual property or other rights of others, whether or not there is any repeat infringement or violation.

Questions? Concerns? Suggestions?
Please contact us at with any questions regarding these Terms of Service or the Teespring Service.

General Terms and Conditions applicable to Use of a Web Site.