Conditions of Use

Home / Conditions of Use

CUSTOM DESIGN

Looking for a one of a kind, custom design? Maybe you just need a fresh new look for your old graphics. Let our expert designers help you out! Give us a few details about your project and we'll contact you with more info.

EMBROIDERY

View our Embroidery template designs here or send us your own design to see how we can bring your artwork to life!

Our Design Lab currently does not have Embroidery customization available. Due to the intricate process of Embroidery and its' restrictions, we ask that designs be emailed to TAS. Our experts will determine if your artwork can be converted to an Emboridery design.

(Ex. Location, Size, Thread Color(s), Puff Embroidery, etc.)

RHINESTONES

Is bling bling your thing? Let us make your product special with Rhinestones! View our Rhinestone template designs here or send us your own design to see how we can make it shine!

Our Design Lab currently does not have Rhinestone customization available. Due to the intricate process of Rhinestone application and its' restrictions, we ask that designs be emailed to TAS. Our experts will determine if your artwork can be converted to a Rhinestone design.

(Ex. Location, Size, Rhinestone Color(s), etc.)

LETTERMAN JACKETS

Let us help you create your own unique Letterman Jacket! We will aid you in the process of ordering your jacket and patches. We can re-create patches, customize patches, apply supplied patches, or you can choose from many of our stock patches. Take a look at our gallery to see the possibilites! If you'd like more information please fill out the form below.

Our Design Lab currently does not have Letterman Jacket customization available. Due to the intricate process of Embroidery/Chenille and its' restrictions, we ask that designs be emailed to TAS. Our experts will determine if your artwork can be converted to an Emboridery/Chenille design.

 FULL JACKET CUSTOMIZATION PATCH CUSTOMIZATION EMBROIDERY CUSTOMIZATION RHINESTONE CUSTOMIZATION STOCK PATCHES SUPPLIED PATCH APPLICATION

We hope you enjoy your use of our facilities. Please appreciate and understand that this is a legal world and that you, by not immediately leaving this website or physical location now or immediately after reading our terms of service is accepting our services under the terms of this agreement.

It is your obligation to keep yourself informed of any changes that may occur between visits, as using our services each time is under the condition that you accept all our terms and conditions. We may change our terms and conditions from time to time without expressly informing you.

Neither seller nor manufacturer shall be liable for any injury, loss, or damage, direct or consequential, arising out of the use of or the inability to use the product or service.  Before using, the user shall determine the suitability of the products for his/her intended use, and user assumes all risk and liability whatsoever therewith.

The preceding statements are made in lieu of all warranties, expressed or implied.  Sellers and manufacturers only obligation shall be to replace such quantity of the product proved to be defective if returned within 15 days of receipt of merchandise.

This site and the contents of this site as well as the contents of our physical location are provided on an “as is” and “as available” basis. The Advertising Specialists makes no representations or warranties of any kind, expressed or implied, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms or Trojan horses) or implied warranties of merchantability or fitness for a particular purpose, with respect to this site and physical location or its contents and expressly disclaims any representations and warranties. The Advertising Specialists does not represent or warrant that the information contained in this site is accurate, complete or up-to-date, that this site is free of defects or that any defects will be remedied.

Terms of service: an agreement between you and The Advertising Specialists (TAS) to enter and use this website or our physical location and services. TAS does not assume any liability for errors or omissions.

You agree, by using this site and our physical location, that your use of this site and our physical location is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this site and our physical location, and that The Advertising Specialists shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of this site and our physical location. Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you.

In no event shall The Advertising Specialists be liable for any actual, direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any other damages whatsoever, even if The Advertising Specialists has been previously advised of the possibility of such damages, whether in an action under contract, tort or under any other theory, arising out of or in connection with the use, inability to use, or performance of the information, products and materials on this site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitations may not apply to you.

The Advertising Specialists shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these legal conditions if the same is wholly or partly caused by circumstances beyond our reasonable control.

You agree to defend, indemnify and hold harmless The Advertising Specialists, its affiliates and their officers, directors, employees and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys fees and court costs, arising from or related to your use of this site and our physical location.

The Advertising Specialists grants you a limited, revocable, nonexclusive right to use the website or our physical location as specifically permitted on the site or physical location, for the purposes expressed on the site or physical location. No other use of Content or is allowed. These limited rights are granted to you as long as you:

  • Make only lawful use of the site and physical location and the content.
  • Violate no rights or licenses of any third party.
  • Keep unchanged all copyright and other notices.
  • Protect the Content from unauthorized use, modification, reproduction, distribution or publication.
  • Do not portray The Advertising Specialists, its affiliates or licensors, or their products or services, in a false, misleading, derogatory, or offensive way.
  • Abide by all applicable local, state, federal, national and international laws, rules and regulations.
  • Send e-mails only to recipients with whom you have a prior relationship.
  • Send no e-mails to recipients who have asked that you stop sending them e-mails.
  • Do not use a false e-mail address, impersonate any person or entity, or otherwise mislead anyone as to the origin of your services or of any Content.
  • Do not copy, change, distribute, translate, decompile, disassemble, reverse engineer, loan, lease or sublicense software obtained from the site and physical location or any copy thereof.

You may not upload, post, transmit, distribute or otherwise publish on or to the site and physical location any of the following:

  • Software virus or other harmful component.
  • Advertising or commercial material of any kind, except as expressly authorized in advance by The Advertising Specialists.
  • False, threatening, libelous, defamatory, pornographic, obscene or otherwise unlawful material.
  • You may not interfere with the site and physical location or any other user’s use of the site and physical location by, for example, overloading, flooding, mail-bombing or crashing the site, sending spam of any kind through the site or physical location, or inserting any code or product or manipulating the content in any way that affects any user’s experience of the site or similar actions at our physical location.

The Advertising Specialists may, at its sole discretion, terminate your access to the site and physical location if it believes that you have directly or indirectly violated all or portions of your obligations under these Conditions of Use.

The Advertising Specialists does not warrant or represent that customers are permitted to use any third party marks. Any use of third party marks must comply with any restrictions imposed by the mark owner, and is done at the customer’s own risk. The Advertising Specialists is not responsible for the conduct of any person using the site or physical location.  The Advertising Specialists is not responsible for being aware of owners of any copyrights, trademarks, register marks or other similar property marks and is not responsible for verifying and getting approval of these marks. It is the site or physical location users responsibility to acquire all correct information and permissions.

TAS Services:

  • Create, design, and customize products that are listed for sale.
  • Buy products that are listed for sale.
  • Save and share designs that you may have created.
  • Use our fun picture and design tools.
  • Save created images and designs into public and personal galleries.
  • Post your created images to social networks or blogs that you have the legal right to do so.
  • Registering to subscribe to special offers and use of galleries.

Using our TAS Services and Website:

In consideration of the promises and obligations given and assumed herein, and intending to be legally bound, these Terms of Use provide as follows.

User’s Responsibilities

Users are and shall be wholly and exclusively responsible, at their own cost, for:

  • All telecommunications lines, modems, communication controllers, routers, multiplexers, terminals and all other equipment, hardware and software necessary to access and use the website and services;
  • The use that it makes of the website and physical location, including any article, material, literary or artistic work, design or other matter that they author, invent, create, develop or produce;
  • Complying with all laws, regulations and rules in the uses country or jurisdiction;
  • Complying with any recommendations or guidelines issued by TAS with respect to the use of the website and physical location and/or services; and
  • Ensuring that all electronic or other media it uses in connection or in conjunction with the website and physical location and the services provided complies with these Terms of Use and all applicable laws, regulations and rules.

Submissions 

You will provide accurate, current, and complete information as may be required in the course of using the site and physical location. You further agree to maintain and update your information to ensure it is at all times accurate, current, and complete. The Advertising Specialists may terminate your use of portions or the entire site or physical location if any information you provide is false, inaccurate or incomplete, as determined by The Advertising Specialists in its sole discretion. You agree that The Advertising Specialists may store and use any information you provide on an unrestricted for purposes of lawfully conducting its business, including but not limited to, keeping you up to date on product offerings. The Advertising Specialists’ use of your information is governed by our Privacy Policy.

 Use by Children 

The site and physical location is intended only for those ages 18 and older. If you are under 18, you may not register or submit personally identifiable information on, to or through the site and physical location. The Advertising Specialists does not collect personally identifiable information from any person The Advertising Specialists knows to be under 18.

 TAS will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law.

If you are under the age of 18, but at least 13 years of age, you may order products or services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Children under the age of 13 may view the website and physical location but MAY NOT ORDER PRODUCTS OR SERVICES.

Definitions and Interpretation

In these Terms of Use, unless the context indicates a contrary intention:

Intellectual Property Rights means all industrial, commercial and intellectual property rights (including equivalent, neighboring or proximate rights anywhere in the world that currently exist or are recognized in the future).

  • A person means any form of legal entity as well as any quasi-legal entity.
  • A User means any person using the website, physical location, and/or services provided by Piki Print
  • A reference to any document, material, information or data includes that document, material, information and data howsoever stored, recorded or embodied, including in any electronic or digital media or otherwise.

The word includes in any form is not a word of limitation.

Restrictions on Users

Users shall not and has no right to either:

  • Reproduce, publish, distribute, sub-license and/or resell either the website and/or physical location and/or service to any person; or
  • Use either the website and/or physical location to supply any service to any person; or
  • Modify, adapt, disassemble, recompile and/or reverse engineer either the website and/or physical location or service;
  • Access or use either the website and/or physical location and/or service to create, author, design, manufacture, market, publish, transmit, broadcast, distribute or sell any article, product, material or other matter that either:
  • Infringes the rights of any person, including, without limitation, Intellectual Property Rights, trade secrets, rights of privacy and publicity.
  • Is libelous, defamatory or slanderous,
  • Condones, promotes, contains or links to adware, cracks, hacks or similar utilities or programs,
  • Contains explicit sexual content,
  • Does or may denigrate or offend any ethnic, racial, gender, religious or other group, through use of language, images, stereotypical depiction or otherwise,
  • Is designed to or does harass, threaten, defame or abuse others,
  • Exploits images or the likeness of minors,
  • Encourages the use of drugs or the under-age use of alcohol or cigarettes, or
  • Is generally offensive or in bad taste;
  • Use “Spam”, “blast-faxes” or recorded telephone messages to market or sell any products or services,
  • Use, transfer or implant a virus, routine or any computer program or technology that disrupts, disables, interferes with or otherwise has a detrimental effect on the website and/or physical location,
  • Take any action that imposes any unreasonable or disproportionately large load on the website and physical location or the service,
  • Use a robot, spider or other device or process to monitor the activity on or copy pages from the website and physical location or the service,
  • Collect electronic mail addresses or other information from our website and/or physical location,
  • Impersonate another person or entity,
  • Engage in any activity that interferes with any person’s ability to use or access the website and/or physical location and/or services, or
  • Assist, procure or aid any person to engage in any activity prohibited by these Terms of Use; or
  • Frame or link or otherwise use or display the website and/or physical location in such a manner so that it appears to be part of its own or someone else’s website and physical location, without specific agreement.

USER ACKNOWLEDGES AND AGREES THAT TAS MAY IN ITS SOLE AND UNFETTERED DISCRETION, UNILATERALLY AND WITHOUT NOTICE, TERMINATE THESE TERMS OF USE, DISABLE AND DENY ACCESS TO THE USER TO THE WEBSITE AND PHYSICAL LOCATION AND THE SERVICES, AND TAKE LEGAL ACTION AGAINST ANY USER WHO ENGAGES IN ANY ACTIVITY OR CONDUCT THAT IS PROHIBITED BY THESE TERMS OF USE AND/OR BY ANY RELEVANT LAW, REGULATION OR RULE.

TAS Obligations

Access to and use of the website and physical location and services subject to user complying with and discharging each of its obligations under these Terms of Use, TAS shall allow user to access and use the website and physical location and the services

Privacy: TAS may collect personal data concerning the user in the course of and incidental to user’s use of the website and services. TAS shall comply with, and user hereby consents irrevocably and unconditionally to TAS’s collection, use and disclosure of such data in accordance with, it’s Privacy Policy (the terms of which may be accessed through the link on the Website)

Training: User acknowledges that TAS has no obligation to user to provide any training or other support in relation to the use or operation of the website and/or physical location and/or services.

Modification of the Website and Physical Location: TAS reserves the right to modify the organization, structure, content or “look and feel” of the website and physical location and/or the services, and may change, suspend, or discontinue any aspect of the website and/or physical location and/or the service at any time without notice or any liability to user or any person. TAS shall have complete discretion over the features, functions and other terms and conditions on which the website and physical location and the service is made available.

Intellectual Property Rights

Reservation of title: user acknowledges that these Terms of Use do not convey and that it derives no right, title or interest in or to any Intellectual Property Rights that vest or subsist in or relate to the website and/or physical location and/or the services provided other than pursuant to the express authorization set out in clause “TAS Obligation”. TAS grants user a limited revocable license to access and use the website and physical location and the service for its intended purposes, subject to user’s compliance with these Terms of Use. This license does not include the right to collect or use information contained on the website and physical location for purposes prohibited by TAS; to create derivative works based on the layout or design, look-and-feel, or structure of the website and physical location; or download or copy the website (other than page caching) and physical location. If user uses the website and/or physical location in a manner that exceeds the scope of this license or if it breaches these Terms of Use, TAS may revoke the license and deny access to and use of the website and physical location.

Prohibition on infringement: User acknowledges and agrees that TAS does not permit, authorize or condone and hereby expressly prohibits user from accessing or using the website and/or physical location and/or the services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or privileges, of any person anywhere in the world.

Derivative material: Subject to clause “Prohibition on Infringement”, user shall own any Intellectual Property Rights in any original material that it authors designs or creates using the functionality provided by the website and physical location. If the user chooses to add any item to a public gallery, In consideration of the authorization granted under clause “TAS Obligations”, user hereby grants to TAS an irrevocable, perpetual, non-exclusive, world-wide license to do all acts and things (including authorizing other persons to do all acts and things) comprised within the said Intellectual Property Rights.

Registration: User Account, Password, and Security; You will receive a password and account designation upon completing the site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TAS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TAS cannot and will not be liable for any loss or damage arising from your failure to comply with this section “Registration”.

Warranties

User’s warranties: User represents and warrants to TAS that, in its use of the website, physical location, and the services provided, it:

  • Will not infringe the Intellectual Property Rights, trade secrets, rights of privacy, rights of publicity or other legal right of any person, and
  • Will comply with all applicable laws, rules, and regulations.

User further represents and warrants to TAS that:

  • There are no claims, demands or any form of litigation pending, or to the best of its knowledge, threatened with respect to any content used or proposed to be used by user;
  • TAS will not be required to make any payments or compensation to any person in connection with its use of such content; and
  • Such content does not contain viruses or any other programs or technology which disrupts or damages the website, physical location, and/or the services provided.

TASs warranties: TAS represents and warrants that it has the right to grant access to and license the use of the website, physical location, and services to user subject to and in accordance with these Terms of Use.

Caveats: TAS provides the website, physical location, and services on an “as is” and “as available” basis. Nothing in these Terms of Use shall or may be construed as a representation or warranty by TAS that the functionality or operation of the website, physical location, and/or the services will:

  • Be uninterrupted or free of errors and inaccuracies;
  • Meet users requirements; or
  • Operate in the configuration or with the hardware or software used by user.

User acknowledges and agrees that the website, and the service (as with technology generally), may have errors (or bugs) and may encounter unexpected problems. Accordingly, user may experience downtime and errors in the use or operation of the website and/or services provided.

TAS does not and cannot control the flow of data and information through the internet, and such flow depends on the performance of persons and entities whose actions or inactions may produce situations in which connections to the internet (or portions thereof) are impaired or disrupted and for which TAS is not liable.

TAS does not warrant that any data, information or other content provided on the website or physical location, whether concerning any goods or services or any other subject, is complete or accurate.

Exclusion of implied warranties

SUBJECT ONLY TO CLAUSE “SUBJECT TO LAW”, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR PHYSICAL LOCATION AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY TAS, THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.

No representation or reliance:

(a) User acknowledges that neither TAS nor any person acting on Piki Prints behalf has made any representation or other inducement to user to enter into these Terms of Use, except for representations or inducements expressly set out in these Terms of Use.

(b) User acknowledges and confirms that it does not enter into these Terms of Use in reliance on any representation or other inducement by or on behalf of TAS, except for representations or inducements expressly set out in these Terms of Use

Exclusion and Limitation of Liability

Subject to law:

Nothing contained in these Terms of Use excludes, restricts, limits or modifies any:

(a) Implied condition, warranty or other term of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or

(b) Liability in respect of a breach of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or

(c) Liability for fraud or deceit; or

(d) Liability for death or personal injury caused by the negligence of either party.

Exclusion of liability:

Subject only to Clause “Subject to law”, in no event shall TAS be liable to user or to any person under or in connection with these Terms of Use or in respect of the use of (or failure or performance of) the website and/or the physical location and/or the services provided for:

(a) Malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:

  • Any third party;
  • Actions of user that were not expressly authorized by TAS;
  • Accident, misuse or abuse by anyone other than TAS;
  • Alteration or modification of the website, physical location, and/or the service, or any component or part of the website, physical location, and/or the service provided, by anyone other than TAS;
  • Products (including any hardware or software) or services not licensed or supplied by TAS;
  • Power surge or failure,
  • Events of force majeure or events outside TASs actual control; or
  • Any other condition not arising under normal operating conditions;

(b) Any loss, cost, damage or expense of any nature arising or caused directly or indirectly by any breach of users obligations or responsibilities set out in these Terms of Use;

(c) Any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;

(d) Subscribers liability to any person; or

(e) Incidental, indirect, consequential, special, and exemplary or punitive damages of any nature, whether such liability is asserted on the basis of common or civil law or in equity, including pursuant to any statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that TAS has been advised of the possibility of any particular loss or damage.

Links 

Links from the site to third party sites are provided only as a convenience. You use outside links at your own risk. These links do not constitute The Advertising Specialists’ endorsement of any third party, its site, or its goods or services. The Advertising Specialists disclaims liability for any injury or damages you may experience by using such materials. You may not create links to the site that portray The Advertising Specialists in a false or misleading light. You may not use “framing” or similar techniques to enclose any portion of the site.

Unless otherwise noted, The Advertising Specialists owns or has licensed all content, and any copyright, trademark or other intellectual property which is protected under U.S. and international laws and treaties. The site contains various protected trademarks, service marks, trade name owned by The Advertising Specialists. Other trademarks used on the site are the property of their respective owners. You may not use any of The Advertising Specialists or other trademarks as part of your company name, corporate name, trade name or domain name.

 TAS may, in its sole and unfettered discretion, and without user’s consent, place links on the website to other websites that are owned or operated by other persons. User acknowledges and agrees that TAS is not responsible for the operation of or content located on any such website, and TAS cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, user acknowledges and agrees that it may not make any claim against TAS for any damages or losses of any kind arising from the other website and/or the link.

Limitation of liability:

Subject to Clause “Subject to law”, and except to the extent specifically excluded under Clause “Exclusion of liability” or elsewhere in these Terms of Use, TAS’s sole liability to Subscriber for any and all breaches of any term or terms of these Terms of Use, whether express or implied, shall be limited to the substitution or replacement of any product or service that has been ordered and paid for by Subscriber using the website

Indemnity User shall indemnify and hereby releases unconditionally TAS, without set off or adjustment, against and from any liability, loss, cost, expense or damage, including all legal fees, arising from or relating to:

(a) Its use of the website and/or services and/or the media or content posted or uploaded by it, including any alleged or actual violation of any law directly or indirectly arising from such use;

(b) Any breach or alleged breach by it of these Terms of Use;

(c) The misuse or misappropriation of the said media or content; and

(d) Any infringement or alleged infringement by user of any persons Intellectual Property Rights, rights of privacy or publication, or otherwise anywhere in the world.

Termination 

Your failure to comply with any of the covenants, terms or conditions in this Agreement automatically revokes your authorization, right and license to use the site and terminates any and all rights granted to you hereunder. Various parts of this Agreement will continue in force and effect upon termination of your rights, according to their nature, including restrictions, disclaimers, liability limitations and indemnification obligations. Upon termination, you must promptly destroy all Content and Software downloaded or obtained from this site, as well as all copies of any content or software. The Advertising Specialists may change, suspend or discontinue or restrict any site feature at any time without prior notice.

(a) At any time and with or without cause, TAS may immediately terminate either these Terms of Use or any or all rights and privileges granted to user hereunder, including suspending users access to and/or use of the website and/or the services provided by TAS. In no event shall any such termination or suspension by TAS relieve user of any obligation that has accrued under these Terms of Use prior to the date of such termination or suspension.

(b) User may terminate these Terms of Use at any time by ceasing to enter the website and using the services.

Effect of termination:

(a) On any expiry or termination of these Terms of Use, TAS may delete any websites, web pages, files, graphics, media or other content or material relating to users use of the website, physical location, and/or the services provided and TAS shall have no liability to user or any person for doing so.

(b) The expiry or termination of these Terms of Use shall not prejudice or affect any cause of action, right, remedy or defense which shall have accrued or shall thereafter accrue to either party.

General

Severability: If a clause or any part of any clause of these Terms of Use or a right or remedy of a party under these Terms of Use, is found to be void, invalid or unenforceable by any court or tribunal having jurisdiction in respect of these Terms of Use, then:

(a) It shall be read down or severed in that jurisdiction only to the extent that it is void, invalid or unenforceable; and

(b) It does not affect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction

Variation: TAS may amend unilaterally these Terms of Use in its sole and unfettered discretion at any time, and user hereby agrees to abide by and be fully bound by such amended terms. The amended terms shall be effective automatically and immediately once they are posted on the website and physical location, and user’s continued access and use of the website, physical location, and the services on or after such effective time constitutes the user’s unequivocal and unconditional acceptance of the amended terms. These Terms of Use may not be otherwise amended. If user does not agree to any amendments to these Terms of Use or to any of the current terms, it’s only right and remedy is to cease using the website, physical  location, and the TAS services.

Waiver: A waiver, consent, election or acquiescence given by a party under these Terms of Use is only effective and binding on that party if it is given or confirmed in writing by that party.

Assignment: TAS may at any time transfer, assign, negate or otherwise dispose of any or all of its rights or obligations under these Terms of Use on giving user no less than five (5) days notice in writing.

Governing Law and Jurisdiction

(a) These Terms of Use shall be governed by and construed in accordance with the law in force for the time being in California, United States of America (without regard to its conflict of law rules).

(b) Each party irrevocably submits to the exclusive jurisdiction of the courts of California, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these.

Miscellaneous 

This Agreement constitutes the entire agreement between you and The Advertising Specialists regarding access to and use of the site and governs your use of any software, content, superseding and entirely replacing prior agreements (if any) between you and The Advertising Specialists therefore. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The Advertising Specialists’ failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. The Advertising Specialists will not be responsible for failures to fulfill any obligations due to causes beyond its control. The Advertising Specialists obtains permission from other manufacturers and content owners to make their brands, logos, products and other content available to you through the site. You agree that these owners that license their rights and content to The Advertising Specialists for the site are intended third-party beneficiaries under this Agreement with the right to enforce the provisions of this Agreement that directly concern their content. In the event it should be determined that any provision of this Agreement is uncertain or ambiguous, the language in all parts of this Agreement shall be in all cases construed as a whole according to its fair meaning and not strictly construed for nor against either party.

YOU HAVE READ, UNDERSTOOD AND APPROVED OF THIS AGREEMENT; YOU HAVE HAD AN OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL AND WITH SUCH OTHER EXPERTS OR ADVISORS AS YOU HAVE DEEMED NECESSARY IN CONNECTION WITH THIS AGREEMENT. THE FACT THAT THE ADVERTISING SPECIALISTS MAY HAVE DRAFTED ALL OR PORTIONS OF THIS AGREEMENT SHALL HAVE NO BEARING UPON ITS INTERPRETATION OR CONSTRUCTION.

YOU UNDERSTAND AND AGREE THAT THE PROVISIONS CONTAINED HEREIN REPRESENT AN AGREED ALLOCATION OF RISK WHICH IS REFLECTED IN THE OBLIGATIONS HEREUNDER SUCH AS THE DISCLAIMER OF ALL WARRANTIES AND THE LIMITATIONS ON LIABILITY. THE ADVERTISING SPECIALISTS COULD NOT PROVIDE ITS PRODUCTS OR SERVICES TO YOU AT THE CURRENT PRICING “BUT FOR” YOUR AGREEMENT TO THESE TERMS AND CONDITIONS.

Ordering

The Advertising Specialists shall accept your orders in writing, by phone (with follow-up written confirmation) or through electronic means for web-based orders. You may not cancel an order accepted by The Advertising Specialists (i.e., they are non-refundable), except upon the consent of The Advertising Specialists in each instance. All website orders must be paid in full (via credit card or check mailed and cleared) before the order is placed. All orders placed at TAS’ physical location are required to have a 50% deposit when the order is placed. The order will not be processed if there is no prior payment. You may pay for your first order by pre-payment, credit card or with a company check upon prior credit approval by The Advertising Specialists. The Advertising Specialists shall deliver Goods F.O.B. The Advertising Specialists’ shipping facility; risk of loss for Goods passes to you once Goods are loaded onto the courier at The Advertising Specialists’ facility.

The Advertising Specialists shall make commercially reasonable efforts to meet any shipment date stated on the face of any accepted order. However, you understand and agree that shipment of Goods is subject to availability, and THE ADVERTISING SPECIALISTS EXPRESSLY DISCLAIMS LIABILITY FOR ANY FAILURE TO MEET SUCH DELIVERY DATES. The Advertising Specialists shall have the right to deliver Goods at one time or in portions from time to time, and to invoice for those portions delivered. Payment will not be considered final until all freight charges and taxes billed to you have been paid. The Advertising Specialists may periodically offer other free freight promotions and free freight is subject to change. You may also pick up your orders at The Advertising Specialists.

Payment

You shall purchase Goods in accordance with The Advertising Specialists’ price list in effect at the time of the order (less other discounts, if any). Prices are exclusive of all sales or use taxes, tariffs, customs (except fees associated with original U.S. importation which The Advertising Specialists pays), duties and other governmental charges. You shall pay or reimburse The Advertising Specialists for any and all such charges. Late payment of any amount will be grounds for The Advertising Specialists to discontinue performance under these terms and conditions of sale. Any amounts not paid by the due date may be subject to a finance charge of the maximum rate allowed by law. However, payment of such finance charge will not excuse or cure a breach or default for late payment. You will be notified of any finance charge.  Returned checks will be subject to a minimum $25.00 per check charge. All freight is F.O.B. point of origin. You remain responsible for all shipping and handling charges including, without limitation, failure by the consignee to pay shipping charges, failure by any third party to pay shipping charges, or an incorrect or invalid shipping account number.

Artwork Proofing

Once you have approved the artwork, you are responsible for any errors from the art approval form. Remember to check all text is present, missing characters, spelling, typos, text & image placement, sizes, names, addresses and phone numbers. After proof approval, any errors that need to be corrected would result in extra costs and time delay. All proof approvals must be submitted via email or in person with a signature. No verbal or over the phone approvals will be accepted.

Pricing

All prices are subject to change without notice. The Advertising Specialists assumes no responsibility and shall incur no liability whatsoever if price change notices are not received. In the event of new federal or state taxes or legislation affecting the costs of products or items, The Advertising Specialists reserves the right to increase prices as it deems appropriate or necessary. Merchandise is subject to change or withdrawal, or may be temporarily or permanently out of stock. We assume no liability for delays or failure to deliver due to our inability to obtain supplies.

Product Description

Many product descriptions include the weight of the fabric indicated in ounces. All weights included in product descriptions are averages based on the color offering for that specific item. Weights are provided to The Advertising Specialists by the manufacturer.

Returns and Cancelled Orders

It is your responsibility to check for discrepancies or defects in an order. Returns must be authorized by The Advertising Specialists in advance. Claims for returns for defective goods must be made in accordance with offered. Altered or embellished garments, excluding irregulars, are not returnable. Authorized returns must be accompanied by a return authorization form or number from The Advertising Specialists. Cancelled orders or returns of unwanted merchandise must be approved in advance and will be subject to a restocking fee plus applicable shipping charges. Merchandise that is not The Advertising Specialists’ will be returned to you at your expense or disposed of by The Advertising Specialists. Discontinued or close-out items are not returnable.

The Advertising Specialists warrants only that the goods shall be free from material defects on the delivery date, provided, you store and handle the delivered goods in such a manner that meets or exceeds the storage and handling procedures utilized by The Advertising Specialists.

You must provide The Advertising Specialists with written notice of any warranty claims no later than seven (7) days after receipt of the applicable order of goods. Failure to provide written notice within such 7-day period shall void The Advertising Specialists’ warranties in their entirety. As The Advertising Specialists’ sole responsibility and liability, and YOUR ONLY AND EXCLUSIVE REMEDY for any breach or breaches of such warranties, The Advertising Specialists shall, upon written notice from you, either (at The Advertising Specialists’ option), replace the defective portion of the Goods, or accept return thereof and refund the price paid by you for the defective portion. Any misuse, improper handling, storage, use, modification or alteration of the Goods by any third party shall void the forgoing warranty. You shall remain entirely responsible for any shipments by you or your company for purposes of returning defective products or packages hereunder to The Advertising Specialists, and all risk of loss or damage during shipment shall be born by you.

You agree and acknowledge that any benefits derived from use or resale of the goods will depend on factors which vary from business to business and which are not within The Advertising Specialists’ control.

YOU ARE RESPONSIBLE FOR THE SELECTION OF THE GOODS TO MEET YOUR, YOUR COMPANY’S OR ITS CUSTOMERS’ NEEDS, AND THE ADVERTISING SPECIALISTS MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OR SALE OF THE GOODS IN YOUR BUSINESS. THE WARRANTIES SET FORTH IN THIS SECTION ARE THE ONLY WARRANTIES MADE BY THE ADVERTISING SPECIALISTS. THE ADVERTISING SPECIALISTS EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, ARISING BY LAW OR OTHERWISE AND ANY IMPLIED INDEMNITIES.

IN NO EVENT WILL THE ADVERTISING SPECIALISTS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OR BREACH OF THIS AGREEMENT, OR THE USE OR SALE OF GOODS BY YOU, OR ANY OTHER PARTY, OR FROM THE MANUFACTURER, SALE OR USE OF ANYTHING MADE BASED ON THE GOODS, EVEN IF THE ADVERTISING SPECIALISTS IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT FOR INJURIES TO CONSUMERS DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE ADVERTISING SPECIALISTS.

You agree that, regardless of the form of action, whether in contract or tort, including negligence, The Advertising Specialists’ liability for damages claimed by you with respect to the goods shall not exceed fees received by The Advertising Specialists from you for the applicable goods hereunder. Regardless of the form of action, whether in contract or tort, including negligence, The Advertising Specialists’ liability for damages claimed by third parties with respect to the goods, as between The Advertising Specialists and you shall not exceed fees paid to The Advertising Specialists hereunder. No action, regardless of form, arising under this Agreement (other than an action for non-payment of any purchase prices or other amounts owed by you to The Advertising Specialists), may be brought by either party more than 15 days after the date of the alleged breach. The Advertising Specialists shall not be liable for any failure to perform under this Agreement where such failure is due to any cause beyond The Advertising Specialists’ control.

You hereby release and shall defend and hold The Advertising Specialists and its owners and agents harmless from and against any actual or threatened claims, losses, liabilities (including without limitation any punitive damages and fines), costs and expenses (including without limitation reasonable costs of litigation and attorney’s fees) related to third party actions (a) in which it is determined that The Advertising Specialists is not at fault; and/or (b) arising from or relating to any acts or omissions by you, your company or your customers.

CUSTOM APPAREL DISCLAIMER

Once the apparel has been decorated it is a specialty product.  With all specialty products, additional care is required with use, washing and cleaning.  Damages due to Nature and/or Acts of God are not predictable and therefore not eligible for repair, reimbursement or replacement without additional costs.  Below are general guidelines that can be used as such.  In no way does The Advertising Specialists guarantee results from the below guideline as they are only for reference.

HOME LAUNDERING

  • Test decorated garment before fully washing
  • Turn inside out before washing
  • All decorated  garments should be washed with a mild detergent
  • Do not use chlorine bleach or optical brightening agents
  • Machine wash cold water, delicate wash cycle
  • Remove promptly after wash cycle completion and hang dry
  • Never leave any piece of decorated garment soaking or in water or lying in a pile when wet
  • Do not wring out the decorated garment
  • Do not rub stained decorated garment

DRY CLEANING

  • Decorated garment may be dry cleaned with extreme care
  • Special care must be taken when dark shades are dry cleaned.  Avoid use of pre-spotting agents

INDUSTRIAL LAUNDERING

  • Decorated garment can be industrially laundered when proper procedures are followed as outlined by the International Fabricare Institute

IRONING

  • Ironing is not recommended
  • Decorated garment should always be ironed on the reverse side if it is unavoidable to iron
  • It is recommended to iron decorated garment between two pieces of blank cloth
  • It is not recommended to wet decorated garment prior to ironing or to use a steam iron

Note: Normally the care label instructions pertain to the garment, not the decoration. Special care should be taken when laundering decorated garments.

Since the conditions of use, washing, pressing and cleaning, etc. vary in use of yarns and threads, the purchaser should assure themselves by preliminary tests that the dye fastness of the yarn or thread is 100% colorfast to cracking or washing under all conditions. We cannot be responsible for any consequential damages since the value of the decoration materials can be so disproportionate to the value of the goods into which it is stitched.

The Advertising Specialists welcomes work produced on customer supplied apparel and will discount our prices accordingly.  However, The Advertising Specialists will not accept responsibility for misprints due to client supplied apparel or replacement materials due to errors or machine failure beyond our control or as a result of the customer supplied material.  Excess apparel at a 15% overrun should always be supplied to conducts test and insure complete order.

The Advertising Specialists welcomes Set-Ups/Screen/Art/Digitizing from the purchaser, however The Advertising Specialists are not responsible for any errors due to/from supplied artwork.

CUSTOM SIGN DISCLAIMER 

Damages due to Nature and/or Acts of God are not predictable and therefore not eligible for repair, reimbursement or replacement without additional costs.  The Advertising Specialists has NO expressed warranties/guarantees beyond those that are stated by the product manufacturer.  The Advertising Specialists has no recommendations for cleaning maintaining and will not warranty or guarantee thereof.  Below are general guidelines on the lifespan of various signs & materials.  All guidelines are subject to climate, use, maintenance & any out of control factors.

Vinyl Adhesive Film:

Intermediate, standard colors, vinyl has a life time range of 2 – 5 years durability

High performance vinyl, standard colors, vinyl has a life time range of 3 – 7 years durability.

Fluorescent vinyl has a life time range of 6 months – 2 years.

Reflective vinyl has a life time range of 3 – 7 years.

Digital vinyl has a life time range of 3-7 years w/a 2-3 year ink lifetime

Lamination will increase the lifetime by 1-3 years

Perforated Vinyls

When applied to storefront windows:  Generally, we recommend ¼” to ½” margins between film & inside window edge in addition of sealing the edges with a glue pen or silicon (which will be noticeable).  If there is a rubber seal, the out gassing of the rubber seal will negatively affect the edge and will cause lifting.  Additionally, dirt, dust & debris will also negatively affect the film and cause lifting.  It is important to keep it clean & dry; however, we do not guarantee edge lifting will not occur.

Vehicles Graphics

Intermediate vinyl is not recommended for vehicle use.  All vehicle applications are recommended to use high performance vinyl in addition to the proper lamination, especially digitally printed graphics.

Off-Set Printing

The Advertising Specialists has 16th of an inch cutting tolerance, which we are not able to guarantee.  During cutting, the order may shift a 16th of an inch to the left, right, top or bottom.

Available Substrates

Banners, Coroplast, Styrene, PVC, Steel, Aluminum, Omega Board, Luster Board, Alumalite, D-Lite, Dibond, Sibond, Plexiglas, Polycarbonate, Foam Boards, Papers and a myriad of others media range in their lifespan, however The Advertising Specialists’ will only warrantee the lifespan of items on the day of completion (not installation, delivery or pickup).

Printed Graphics

Printed graphics will have varying durability depending on use, maintenance, types of requested inks.  There are inks which do not last as long in terms of fading and vibrancy.  There are inks that are designed for years of outdoor exposure.

Screen Printed Substrates

A variety of inks can be/are used when screen printing onto the various substrates or media.  Each instance has its characteristics which will determine the type of production supplies/methods used as well as their life spans.

Metal/metallic vinyl and inks are not recommended for outdoor/vehicles use as they are prone to scratches and less durability.

Stakes, Stands, Frames, and all available hardware have varying durability and are affected by the care & maintenance given to the product.

Customer Supplied Material

The Advertising Specialists welcomes work produced on customer supplied material and will discount our prices accordingly.  However, The Advertising Specialists will not accept responsibility for replacement materials due to errors or machine failure beyond our control or as a result of the customer supplied material.  Excess material should always be supplied to insure complete order.

Balloons, Decorations & Deliveries

 Although we delight in doing many outdoor jobs for our customers, we cannot guarantee outdoor work. We make every attempt to have your decor looking its best at the time it is assembled. We use only professional supplies and extra thick latex balloons, heavy duty cord and wire for all outdoor jobs. The California weather does take a toll on outdoor balloons, especially the heat.

Order Changes

Any order changes, made during production, after final art approval must be in writing.  In addition, this can both delay final completion date and incur additional costs.

Durability of each product varies.  The above use-life estimate is based upon accelerated age studies by the manufacturer.  Please note some color fading may occur due to exposure to sever temperatures and ultra-violet light.  Also, tropical or desert regions will cause more rapid deterioration.  This also applies to polluted areas, high altitude and south facing exposures.

Durability is directly affected by the location, care & maintenance given to the product.

Trademark & Copyright 

Trademark and copyright materials will not be reproduced without proper written consent from an authorized representative of the trademark and copyright.

General Order Process

To begin any project the pricing, quote or estimate in addition to agreement of the Conditions of Use must be completed, agreed upon and a minimum of 50% deposit must be submitted unless otherwise noted by The Advertising Specialists.

Day 1 of production is considered the day after the deposit is submitted and all approvals are received.

Day 1 will consist of review all order details and requests for clarification and beginning of artwork/design proofing.

A Day is considered Monday – Friday, excluding holidays.  A completion on a certain day will mean the end of daily operation hour or extended hours of The Advertising Specialists.

Artwork/Design for Proofs:  1-3 business days depending on the complexity of the project.  High complexity or lot of detail may take additional days.

Production:  Different products will require a different method of production. In general, after the Proof is accepted, production days will begin the next available business day, determined by The Advertising Specialists’ operating hours.

General Timeline:

Screen Printing:  7-10 business days

Rhinestones:  10-12 business days

Heat Applied Graphics:  5-7 business days

Embroidery:  7-10 business days

Signs/Banners:  5-7 business days

Stickers/Decals/Labels:  1-12 business days

Promotional Items:  2-6 business weeks

Off-Set Printing: 5-10 business days

Quality Control and Packaging:  1-2 business days

Shipping:  Determined upon the shipping method selected.  Items will not be made available for Will Call or Shipping without full balance remitted.

Team Sports

All prices on flyers and online include simple/standard artwork to our ability & setups. Tax will be added at time of purchase. A 50% deposit is required upon ordering.

Re-orders of smaller quantities will incur additional charges. Player Additions/Size/Quantity changes after order is placed will incur additional charges. These charges can include, but are not limited to restocking, setups, etc. For Team Special Prices, all information, items to be decorated MUST be ordered at the same time or use the A La Carte pricing.

Production starts day after complete order & information is submitted, 50% deposit is made and art is approved (as necessary). Everything will be ready by the end of the day on the due date. Pick-up time will be between 5-6pm Monday-Thursday and 4-5pm on Friday on the due date. Please wait for our call/email notification. Rush service is available. Please call or see online for costs.

General Timeline:

Custom Artwork: 3-5 business days

Production: 5-7 business days

The Advertising Specialists may from time to time amend, supplement or modify the terms of this Agreement. You must check this periodically for changes. Your continued use of the Site following the posting of changes will also mean that you accept and agree to the changes.

Contact Us

We're not around right now. But you can send us an email and we'll get back to you, asap.

Start typing and press Enter to search