Terms of Service

Introduction

Welcome to the SWAGO Creative website, located at https://swago.com (the "Site"), and operated by SWAGO T-SHIRTS, INC., a Florida Corporation, DBA as SWAGO Creative. 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. SWAGO Creative can be contacted at kyle@swago.com or by telephone at (305) 761-0271.

Description Of Services

SWAGO Creative allows you to design and order your own custom apparel, promotional products, and merchandising services (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 SWAGO Creative with certain information about yourself including some types of personally identifying information such as your email and your address. SWAGO Creative 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 SWAGO Creative via e-mail or telephone at the address or telephone number above.

Payment and Remittance

By registering for SWAGO Creative 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 SWAGO Creative is obligated to collect such taxes, the applicable tax will be added to your billing account.

SWAGO Creative 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. SWAGO Creative will bill you accordingly for such incremental charges.

Shipment and Delivery

SWAGO Creative orders are typically delivered within 7-14 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 kyle@swago.com within 5 business days of receiving your order. Orders that have gone past 5 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.

Intellectual Property

As between you and SWAGO Creative, SWAGO Creative 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 SWAGO Creative, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to SWAGO Creative 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 SWAGO Creative, 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.

Disclaimer

Limitation of Liability

Indemnification

You shall indemnify SWAGO Creative and its directors, officers, employees, agents, contractors and licensors ("SWAGO Creative 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 SWAGO Creative), or any breach by you of these Terms and shall indemnify and hold SWAGO Creative 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.

Changes to these Terms; Termination

SWAGO Creative 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.

Governing Law and Jurisdiction

These Terms represent the entire agreement between you and SWAGO Creative 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 Florida, without reference to its conflict of law rules. 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 Miami, Florida; (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.

Contact Information

If you have any questions about these Terms of Service, please contact us at: