Revised August 6, 2014
Please read carefully before using this website.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case you affirm that you are over the age of 13, as the Tee Fury website is not intended for children under 13. If you are under 13 years of age, then please do not use the Tee Fury website.
Tee Fury Accounts
In order to access some features of the website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account login information secure. You must notify Tee Fury immediately if you become aware any unauthorized use of your account or any other breach of security regarding your account.
Although Tee Fury cannot and will not be liable for your losses or damage caused by any unauthorized use of your account, you may be liable for the losses or damage of Tee Fury or others due to such unauthorized use.
Independent artists who are Tee Fury account holders may submit unsolicited designs to Tee Fury. Tee Fury may, in its sole discretion, select unsolicited designs and sell t-shirts bearing the designs. The independent artists who submitted the designs will receive commissions on the t-shirts sold, as set forth in the Artist Agreement, which is hereby expressly incorporated herein.
All independent artists who submit unsolicited designs to Tee Fury must read and sign the Artist Agreement. You understand that Tee Fury does not guarantee any confidentiality with respect to any unsolicited design you submit.
Intellectual Property of Others
Intellectual property (“IP”) includes patents, copyrights, trade secrets, trade dress, trademarks, and rights of publicity. Tee Fury respects the IP rights of others and asks you to do the same. When using and interacting with Tee Fury and the Tee Fury website, you may not post, submit, modify, distribute, or reproduce in any way any material (including any unsolicited design) that infringes an IP right belonging to another.
Tee Fury acknowledges that unsolicited designs submitted by independent artists may refer to the IP rights of others. It is Tee Fury’s policy to select such unsolicited designs only if the designs are new, original, and/or transformative works that parody, satirize, or provide social commentary on the IP rights of others. In other words, to be selected by Tee Fury, such unsolicited designs must make “fair use” of the IP rights of others.
If you are a copyright owner and believe that material has been posted on the Tee Fury website in a way that infringes one or more of your copyrights, you may submit a DMCA takedown notification to Tee Fury. Please refer to Tee Fury’s DMCA Policy, which is hereby expressly incorporated herein, for more information.
If you are an independent artist in receipt of a DMCA takedown notification and believe that believe that your design has been removed from or disabled on the Tee Fury website as a result of mistake or misidentification of the material to be removed or disabled, such as fair use, you may submit a DMCA counter-notification to Tee Fury. Please refer to Tee Fury’s DMCA Policy for more information.
Tee Fury is not responsible for the IP rights of or relating to unsolicited designs on the Tee Fury website. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Tee Fury with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Tee Fury, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Tee Fury website.
Tee Fury’s Intellectual Property
Tee Fury accepts unsolicited designs from independent artists who are informed of and have agreed to Tee Fury’s policies concerning the IP rights of others as set out in these Terms and elsewhere on the Tee Fury website. All designs selected by Tee Fury are new, original, and/or transformative works that may parody, satirize, or provide social commentary on the IP rights of others. Tee Fury and the selected designs make only “fair use” of the IP rights of others. Tee Fury respects all such IP rights of others, and Tee Fury is not affiliated with the owners of the IP rights to which the selected designs may refer.
All original content (“Content”) on the Tee Fury website or on Tee Fury’s t-shirts is © 2014 Tee Fury and is protected by U.S. and international laws and treaties. Content includes and is not limited to media, artwork, software, text, software or HTML code, scripts, images, graphics, user interfaces, music, videos, photographs, logos, artwork, and the design, selection, assembly, arrangement, and coordination thereof. You understand and agree that the Content is solely owned by Tee Fury.
Unless otherwise indicated, Content does not include the selected designs of independent artists. Content also does not include the IP rights of others, to which the selected designs may refer.
5.3. Trademarks and Branding Guidelines
The following marks are registered trademarks of Tee Fury: the TEE FURY® mark, the AFTER HOURS® mark, the GRAB BAG® mark, the INSTABUY® mark, the TEE TODAY GONE TOMORROW® mark, the TWOFURY® mark, the WEAR YOUR ART ON YOUR SLEEVE® mark, the ® logo (Teebird bird logo), the ® logo (Teevil bird logo), the ® logo (Hot Like Me pancake logo), and the ® logo (dead bird logo). All other Tee Fury products or service names, slogans, or logos used on the Tee Fury website or on Tee Fury’s t-shirts are trademarks of Tee Fury. You understand and agree that Tee Fury’s registered trademarks and unregistered trademarks used on the Tee Fury website or on Tee Fury’s t-shirts are solely owned by Tee Fury. Failure of a mark to appear on this page does not mean that Tee Fury does not use or own the mark. All other company, product, service names, slogans, or logos referenced on Tee Fury’s website are used for identification purposes only and may be trademarks of others.
Independent designers of designs selected by Tee Fury may use the TEE FURY® mark and/or the Teebird bird logo to promote sales of t-shirts or other products bearing their selected designs provided that such use complies with Tee Fury’s logo usage guidelines, which are hereby expressly incorporated herein, and further provided that such use must immediately cease upon Tee Fury’s written request.
Website Access and Use
The Tee Fury website and all Content associated therewith are provided by Tee Fury AS IS as a service to current and prospective customers, independent artists, and visitors to the Tee Fury website. Tee Fury hereby grants you a limited license to use the Tee Fury website and the Content, subject to the following restrictions: (a) your use of the website and the Content is a personal use and is not for any commercial purpose beyond what is permitted by the Terms; (b) you do not copy, download, or print any aspect of the website or the Content beyond what may be reasonably necessary for proper use of the website for its intended purpose; (c) if you copy, download, or print any aspect of the website or the Content, you do not remove or modify any copyright notices or other proprietary notices displayed on the website or the Content; (d) you do not distribute, alter, or modify any aspect of the website without Tee Fury’s prior written authorization; and (e) you otherwise comply with these Terms in all respects. No right, title or interest in Tee Fury’s Content is conveyed to you. The foregoing is a limited license, not a transfer of title to Tee Fury’s Content. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of the Content is prohibited.
Prohibited commercial purposes include, without limitation, any of the following actions: sale of access to the Tee Fury website or the Content on another website; use of the Tee Fury website or the Content for the primary purpose of gaining advertising or subscription revenue; the sale of advertising targeted to the Content; and any use of the Tee Fury website that Tee Fury finds, in its sole discretion, to use the Tee Fury Content with the effect of competing with or displacing the market for Tee Fury, the Content, or the selected designs of independent artists.
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) impersonate any person, business or entity, including our company and our employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of Tee Fury, restricts, impairs, interferes or inhibits any other user from using or enjoying the Tee Fury website and/or our related services and products.
You agree not to use or launch any automated system, including without limitation, “bots” or “robots,” “spiders,” or “offline readers,” that accesses the Tee Fury website in a manner that sends more request messages to the Tee Fury servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Tee Fury grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Tee Fury reserves the right to revoke these exceptions either generally or in specific cases.
You agree not to circumvent, disable or otherwise interfere with security-related features of Tee Fury website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Tee Fury website or the Content therein.
Links to Third Party Sites
The Tee Fury website may contain links to websites controlled by third parties. Tee Fury provides these links merely as a convenience and Tee Fury is not responsible for and does not endorse, adopt, agree with, or accept any responsibility over the contents or use of these websites. Access to other websites is at your own risk and Tee Fury expressly disclaims any responsibility for the content of any third party sites linked to this site. You should take precautions to ensure that whatever you select for your use is free from viruses, worms, trojan horses and the like. You should also refer to the policies posted by the other websites regarding privacy and other topics before you use them. Tee Fury is not responsible for third party content accessible through this website, including opinions, advice, statements, and advertisements and you assume all risks associated with your use of this content. If you choose to purchase products or services from a third party, your relationship is directly with the third party. Tee Fury makes no representation or warranty as to any third-party products or services.
You consent to receive communications from Tee Fury electronically. Tee Fury may communicate with you by email, by a message sent to your Tee Fury account, or by posting a notice on the Tee Fury website. You agree that Tee Fury’s electronic communications to you will satisfy any legal requirement that such communications be in writing.
You agree that, in your use of the Tee Fury website, you will comply with all applicable laws.
Every effort has been made to ensure the accuracy of the information presented. However, Tee Fury assumes no responsibility for the accuracy of the information contained in this website. Product information is subject to change without notice and in the sole discretion of Tee Fury. Tee Fury may make changes to this website at any time without notice. Mention of non-Tee Fury products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation.
ALL CONTENT, MATERIAL, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, TEE FURY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR OTHER WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. TEE FURY MAKES NO WARRANTY THAT: (1) THIS SITE WILL MEET YOUR REQUIREMENTS; (2) THIS SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE BASIS; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. ANY CONTENT, MATERIALS OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE OR A LINKED SITE IS DONE AT YOUR OWN DISCRETION AND RISK. TEE FURY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM FOR LOSS OF DATA OR FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES THAT RESULTS FROM THE DOWNLOADING OF ANY CONTENT, MATERIALS OR INFORMATION. THIS INCLUDES THE TRANSMISSION OF VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SOFTWARE.
Limitation of Liability
IN NO EVENT SHALL TEE FURY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OF, ACCESS TO, OR INABILITY TO USE THE TEE FURY WEBSITE OR A LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF TEE FURY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
TEE FURY ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DELAYED, LOST OR MISDIRECTED COMMUNICATIONS THROUGH THE TEE FURY WEBSITE.
YOU SPECIFICALLY ACKNOWLEDGE THAT TEE FURY SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH ANY CLAIM THAT AN UNSOLICITED DESIGN SUBMITTED BY AN INDEPENDENT ARTIST HAS VIOLATED THE INTELLECTUAL PROPERTY RIGHTS OF ANOTHER.
You agree to defend, indemnify, and hold harmless Tee Fury, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Tee Fury; (ii) your violation of any of these Terms; (iii) your violation of any third party right, including without limitation any IP right; or (iv) any claim that one of your unsolicited designs caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Tee Fury website.
No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Tee Fury’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Limitations on Actions
You agree that any cause of action arising out of or relating to the Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tee Fury without restriction.
The formatting in these Terms (including without restriction the paragraph headings and paragraph numbering) is included to help make these terms easier to read and has no binding effect.
Governing Law and Jurisdiction
The website is controlled by Tee Fury from its offices in Irvine, California, United States of America. All matters relating to your access to, or use of, this website shall be governed by U.S. federal law or the laws of the State of California, notwithstanding any principles of conflicts of law. Any dispute, legal action, or proceeding relating to your access to, or use of, this website shall be exclusively instituted in a state or federal court in Orange County, California. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. Tee Fury makes no representations that the information on this website is appropriate for use in other locations. If you choose to access this website from other locations you do so at your own risk and you are responsible for compliance with any applicable local laws.
Please report any violations of the Terms, including objectionable or offensive Content, unsolicited design, or Tee Fury forum posting. Please state the reasons for your concern and provide a link to the Content, unsolicited design, or Tee Fury forum posting in question. Upon receiving such a report, Tee Fury in its sole discretion may investigate the matter and take such action as Tee Fury determines to be appropriate.
Other Reservation of Rights
Tee Fury reserves the right to discontinue any aspect of the Tee Fury website at any time.
Termination or Cancellation
You agree that Tee Fury may, at any time and at Tee Fury’s sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Tee Fury website, and/or your account, or suspend or block your access to the Tee Fury website. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Tee Fury website after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Tee Fury website.
The Terms constitute the entire agreement between you and Tee Fury regarding the use of the website, superseding any prior agreements between you and Tee Fury relating to your use of the website. The failure of Tee Fury to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of this agreement shall continue in full force and effect.
Please contact us with any questions regarding these Terms. (949) 273-6202