Terms and Conditions

Your use of this website is under the following terms and conditions:

1. YOUR ACCEPTANCE

By using and/or visiting the www.magneticshirts.com website (the “Website”), you (“You”) acknowledge that You have read, understood and agree to these Terms of Use.

These Terms of Use constitute a binding agreement between You and magneticshirts.com and its parents, subsidiaries, affiliates, successors, and assigns (collectively “magneticshirts.com”). You are authorized only to use the Website if You agree to abide by these Terms of Use and all applicable laws. Please read these Terms of Use carefully. If You do not agree to these Terms of Use, please do not use or visit the Website.

2. PRICING, SHIPPING, AND TERMS OF SALE

Prices for all merchandise on the Website are in US dollars. Prices and products may change at MagneticShirts.com’s discretion. MagneticShirts.com may offer promotional discounts from time-to-time. You must agree to the terms of the discount in order to be given the discount. You agree not to use more than one discount per item, unless such use is expressly permitted by MagneticShirts.com. Title and risk of loss for all products ordered by you shall pass to you upon MagneticShirts.com’s shipment to the shipping carrier. MagneticShirts.com reserves the right to cancel any order for any product for any reason, including orders that may violate the intellectual property rights of a third party, and will notify the purchaser that the order has been cancelled.

3. PRODUCT DESCRIPTIONS

MagneticShirts.com attempts to be as accurate as possible to provide a compelling user experience. However, MagneticShirts.com does not warrant that product descriptions or other content of the Website are accurate, complete, reliable, current, or error-free.

3. RETURN POLICY

We accept returns only for printing errors and defective items. You must contact us before returning the item. We do not exchange for customer sizing errors. Returning the item to us is at your expense. Shipping is non-refundable.

4. GRANT OF RIGHTS

MagneticShirts.com hereby grants You permission to use the Website as set forth in these Terms of Use, provided that: (i) You will not copy or distribute any part of the Website in any medium without MagneticShirts.com’s prior written authorization; (ii) You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iii) You will otherwise comply with the terms and conditions of these Terms of Use.

5. LINKED WEBSITES

The Website may contain links to third party websites that are not owned or controlled by MagneticShirts.com (“Linked Websites”). Those links are provided for convenience only and may not remain current or be maintained. MagneticShirts.com does not screen Linked Websites and has no control over, and assumes no responsibility for, the content, quality, suitability, functionality, legality, privacy policies, or practices of any Linked Websites. You acknowledge and agree that MagneticShirts.com is not responsible for the content or privacy practices associated with Linked Websites and it is your responsibility to review those policies before accessing those sites. If you access a Linked Website, you do so at your own risk. By using the Website, You specifically release MagneticShirts.com from any and all liability arising from Your access or use of any Linked Website, Your correspondence or dealings with other users, advertisers, partners, or other third parties found on or through the Linked Websites, and/or Your participation in promotions, sweepstakes, campaigns, or any other venture hosted, endorsed, or sponsored by other users, advertisers, partners, or other third-party parties outside the Website.

6. IMPROPER USE OF WEBSITE

You may not, in connection with the Website:

  • Upload, post, email or otherwise transmit any material that is libelous, invasive of another’s privacy, defamatory, pornographic, sexually explicit, unlawful or plagiarized;
  • Upload, post, email or otherwise transmit any material that infringes or violates any patent, copyright, trademark, trade secret or other proprietary rights of any person;
  • Upload, post, email or otherwise transmit any material that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, or racially or ethnically offensive;
  • Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation;
  • Upload, post, email, or otherwise transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality or any computer software or hardware or telecommunications equipment;
  • Circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or any content on the Website;
  • Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity;
  • Intentionally or unintentionally violate or encourage others to violate any applicable law, statute, ordinance or regulation;
  • Provide false or deceptive information;
  • Remove or alter any copyright or other proprietary notices on or in connection with any content on the Website.
  • Use or launch any automated system or technological devices or programs that access the Website in a manner that sends more request messages to the MagneticShirts.com 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; and
  • Access, monitor or copy any content or information from the Website using any robot, spider, scraper or other automated means or any manual process for any purpose. Notwithstanding the foregoing, MagneticShirts.com grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. MagneticShirts.com reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.

7. PRIVACY

MagneticShirts.com uses Your information only as described in the Privacy Policy here. We view protection of users’ privacy as very important. If you object to your information being transferred or used in the manner provided for in the MagneticShirts.com Privacy Policy your sole recourse is to stop using the Website and services offered by Threadless.com.

8. WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MAGNETICSHIRTS.COM, AND ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF MAGNETICSHIRTS.COM, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MAGNETICSHIRTS.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, USER SUBMISSION OR OTHER MATERIAL OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, USER SUBMISSION, OR OTHER MATERIAL POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. MAGNETICSHIRTS.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND MAGNETICSHIRTS.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAGNETICSHIRTS.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

9. LIMITATION OF LIABILITY

IN NO EVENT SHALL MAGNETICSHIRTS.COM, OR ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF MAGNETICSHIRTS.COM, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, USER SUBMISSION, OR OTHER MATERIAL POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS 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.

YOU SPECIFICALLY ACKNOWLEDGE THAT MAGNETICSHIRTS.COM SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by MagneticShirts.com from its facilities in the United States of America. MagneticShirts.com makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10. INDEMNITY

You agree to defend, indemnify and hold harmless MagneticShirts.com, and any director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of MagneticShirts.com, from and against any and all alleged claims, claims, damages, obligations, losses, liabilities, fines, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) Your use of and access to the Website; (ii) Your violation of any term of these Terms of Use; (iii) Your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right; or (iv) any alleged claim, claim, or cause of action that one (or more) of Your User Submissions caused, is causing, or will cause damage to a third party, as a result of infringement or otherwise. This defense and indemnification obligation will survive these Terms of Use and Your use of the Website.

11. SPECIAL PROVISIONS FOR USERS LOCATED OUTSIDE OF THE UNITED STATES

MagneticShirts.com is a global presence. Our servers and fulfillment operations are, however, located in the United States, and our policies and procedures are based on United States law. As such, the following provisions apply specifically to users of the Website that are located outside of the United States: (i) You consent to the transfer, storage, and processing of your information, including but not limited to any personal information, to and in the United States and/or other countries; and (ii) if you are using the Website from a country sanctioned or embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you agree that you will not engage in financial transactions, or conduct any commercial activities using or through the Website.

11. ASSIGNMENT

These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by You, but may be assigned, transferred, delegated, and sublicensed by MagneticShirts.com without restriction.

12. INTELLECTUAL PROPERTY OWNED BY THREADLESS.COM AND ITS LICENSORS

The Website is owned by MagneticShirts.com. The Website and its original content, features, and functionality are protected by U.S. and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws. The Website displays trademarks owned by MagneticShirts, including but not limited to MAGNETICSHIRTS, and trademarks, copyrights, and other intellectual property owned by other third party licensors (collectively, “Licensors”). No portion of the Website may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of MagneticShirts.com, or as otherwise agreed to in writing by the appropriate Licensor.

13. GENERAL, AMENDMENTS

In the event any provision contained in these Terms of Use is determined to be invalid, illegal or otherwise unenforceable in any respect for any reason, the validity, legality and enforceability of the provision in every other respect and the remaining provisions of these Terms of Use will not be in any way impaired and shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and

GENERAL, AMENDMENTS

In the event any provision contained in these Terms of Use is determined to be invalid, illegal or otherwise unenforceable in any respect for any reason, the validity, legality and enforceability of the provision in every other respect and the remaining provisions of these Terms of Use will not be in any way impaired and shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and MagneticShirts.com’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

MagneticShirts.com reserves the right, at any time, in its sole discretion, and without prior notice, to change these Terms of Use, including the Additional Policies, in whole or in part, which shall take effect upon posting to the Website. You are responsible for reviewing and complying with the Terms of Use in effect at the time you use the Website. It is Your responsibility to review these Terms of Use for any changes. You acknowledge that you will be bound by the revised Terms of Use as of their effective date set forth therein and your continued use of the MagneticShirts.com Website constitutes acceptance of them.

These Terms of Use, including, without limitation, the Additional Policies, which are incorporated herein by reference, set forth the entire understanding and agreement between you and MagneticShirts.com with respect to the subject matter hereof.