TERMS OF SERVICE
(SECTION 1) Refund Policy
1.1 Returns Policy
Kocreators goes to great lengths to ensure that all orders are filled accurately, on time, and are of the highest possible quality. Accordingly, Kocreators accepts returns and will refund payment if and when customers are disappointed by Kocreators merchandise for one of the following reasons: (a) the apparel garments are materially flawed; (b) the quality of the decorating (i.e., the printing or embroidery) is below a reasonable range of expectations; or (c) the design of the final product is materially different from the final design approved by the customer in the virtual proof. If a customer decides to return their order, they have 30 days from when the order is received to send it back. To initiate a return, please email us at email@example.com and a representative will assist you with your order.
1.2 Cancellation Policy
For Standard Delivery orders, you may change or cancel your order within twenty-four (24) hours of remitting payment for your order. You cannot cancel your order after 24 hours because it has already gone into production. There will be a cancellation fee in the amount of 20% of the subtotal that the customer will incur if Kocreators has to ship back items to their apparel suppliers and pay restocking fees that are charged by their vendor(s).
For Rush Delivery orders (any order requiring faster delivery than a Standard Delivery order), you may not change or cancel your order once payment has been received, as production time has been set aside in our facility to prioritize your rush order in the queue before other customers.
(SECTION 2) Privacy & Security
Please read this Policy carefully to understand our policies and practices regarding your information and how we use it. If you do not agree with our policies and practices, your choice is not to use our Site. By using our Site, you agree and consent to our collection, use and disclosure of your information, including Personal Information (defined below), as described in this Policy. Your use of our Site is subject to this Policy and our User Agreement (See SECTION 9).
(SECTION 3) Information we collect
We may collect information directly from you through your voluntary use of our Site, and from third parties.
- Information we collect directly from you. We collect information that you voluntarily provide to us that can identify you as an individual, such as your name, email address, phone number, credit or debit card information and shipping or billing address (“Personal Information”).
- Content that you provide. You may upload comments, reviews, graphics, photos or other materials to the Site (“Content”). If you post Content on our Site, the Content (e.g., t-shirt designs or photos submitted as part of a contest), as well as other information (e.g., user name or profile picture), may be available to all visitors to our Site. If you wish not to share your content with other users of our Site, then you can send us an email and we will remove it promptly.
- Information we collect about you from third parties. We may collect information about you from third parties. For example, we may collect demographics information from public sources and from third-party data and analytics companies. In addition, we may collect information about you from other Kocreators users (e.g., if one user ships a package to another user).
- Information we collect automatically through your use of our Site. We may automatically collect information about your use of our Site and your orders, including but not limited to your Internet protocol (“IP”) address; the type of web browser you are using; the website that led you to our Site; the website you visit after leaving our Site; the pages you view on our Site; the dates and times you access our Site; and information about any orders you place, such as your order identification number, items ordered and the cost of your order.
(SECTION 4) How we use your information
Kocreators may use your information, including Personal Information and/or Content, for the following purposes:
- Providing our services. To facilitate your orders and administer your account; to respond to your questions or requests; to provide you with news or other information we think may interest you; to communicate with you about your account, orders or use of our Site or for other informational purposes; to improve our services; and for other account or customer support-related purposes. Please note that we use your email address to save and identify your products designs on our Site, and so please be aware that your designs can be viewed on the Site by anyone who enters your email address.
- Marketing and advertising. To provide you with special offers, product information and other marketing or promotional communications from Kocreators or from other third parties. We may provide marketing or advertising to you in a variety of ways, including through our Site, via email or on other third-party websites (e.g., using Google Customer Match or Facebook Ads). See our Online advertising and Your choices sections below for more information.
- Research and analytics. To analyze how customers use our Site, services and products; to analyze how customers interact with marketing or other communications we send to them; and for other research, analytical and statistical purposes. This research may include creating profiles to help us analyze or predict your personal preferences or interests for marketing purposes.
- Protecting rights and interests. To investigate, protect or defend the rights, safety or property of Kocreators, our customers or the public; to investigate or enforce perceived violations of our User Agreement or this Policy; as evidence in litigation in which we are involved; and for fraud protection and credit risk reduction purposes.
(SECTION 5) How we share your information
Kocreators may share your information, including Personal Information and/or Content, with the following types of third parties:
- Service providers. Kocreators may share your information with third-party service providers, vendors, agents, contractors or others who perform functions on our behalf. For example, we may use service providers to process your orders, deliver packages or send mail.
- Corporate affiliates. Kocreators may share your information with any current or future parent company, affiliate or subsidiary.
- Kocreators may also share your information, including Personal Information and/or Content, in the following contexts:
- Protecting rights and interests. Kocreators may share your information with law enforcement agencies and others as we deem appropriate to investigate, protect or defend the rights, safety or property of Kocreators, our customers or the public; to investigate or enforce perceived violations of our User Agreement or this Policy; as evidence in litigation in which we are involved; and for fraud protection and credit risk reduction purposes.
- Sale or acquisition of assets. Kocreators may share your information if we become involved in a transaction involving the sale of our assets, such as a merger or acquisition, if we are transferred to another company, in the event of a bankruptcy, or as part of any other business transfer. If the surviving entity in such a transaction is not Kocreators, the surviving entity may use your information pursuant to its own privacy policies, which may be different from this Policy.
- Legal compliance. Kocreators may share your information to comply with laws, regulations, legal process (e.g., a warrant or subpoena) or guidance; and to respond to governmental requests (e.g., requests from a regulator).
- Aggregate or anonymous information. Kocreators may share anonymized or aggregated information about Kocreators users to third parties without restriction. For example, we may share anonymized or aggregated information to inform a third party’s decision on whether to place advertisements on our Site or on other websites. These companies may use such information about your visits to the Site and other websites to provide advertisements on the Site and other websites.
(SECTION 6) Cookies and other tracking mechanisms
We may automatically collect information about you through the use of common information-gathering tools, as well as new tracking technologies that develop as technology evolves. The tools that we or our service providers may use to track you include the following:
- Web beacons/clear GIFs. Clear graphics interchange format images (“GIFs”) are tiny graphics with a unique identifier, similar in function to cookies, that are embedded invisibly on web pages or in emails. We or our service providers may use clear GIFs (also known as web beacons, web bugs or pixel tags) in connection with our Site to track the activities of visitors to our Site, help us manage content and compile statistics about usage of our Site. We or our service providers may also use clear GIFs in emails to our users, to help us track email response rates, identify when our emails are viewed and track whether our emails are forwarded.
(SECTION 7) Online advertising
Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and your choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and your choices regarding having information used by NAI members.
Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or advertisements to you, but it does not mean you will no longer receive any advertising through our Site or on other websites. Please note that even if you opt out, you may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.
The service providers we use for online advertising may change. However, for your convenience, here are the opt outs for some of the advertising service providers we use as of the “Last Modified” date of this Policy:
(SECTION 8) Your choices
- Account information. If you ever wish to access your Personal Information, update your Personal Information or cancel your account, please contact us at firstname.lastname@example.org or through the contact information below. Please note that we may maintain copies of your information and Content even after you have updated the information or canceled your account.
- Communications from Kocreators. We may send periodic promotional or informational emails to you, about Kocreators and other third-party information and offers. In the event you do not wish to receive such emails from Kocreators, you may opt out of such communications by following the opt-out instructions contained within the body of any email message you receive or by emailing us at email@example.com and requesting that you no longer wish to receive communications from us. It may take us up to ten (10) business days to process your opt out request. Even if you have opted out of receiving marketing and promotional emails from us, we may still send you transactional emails, such as emails about your account or the services you have requested from us.
- Communications from Third Parties. You may also opt out of our sharing your information with third parties for their own marketing purposes on a going forward basis by emailing us at firstname.lastname@example.org. Please note that once we have shared your information with a third party, such information is subject to that third party’s privacy policies and practices.
- Online advertising. Please see our Online advertising section above for more information about your choices regarding online interest-based advertising.
(SECTION 9) Children’s privacy
Our Site is not targeted to children under thirteen (13) years of age and we do not knowingly collect Personal Information from children under 13. If we discover that we have inadvertently collected Personal Information from a child under 13, we will promptly take measures to delete that Personal Information from our systems.
(SECTION 10) Contacting Kocreators
If you have any questions or comments about this Policy, or to exercise your rights under this Policy, please contact us using the information below.
(SECTION 11) User Agreement & Policies
11.1 What this Agreement Covers
This Agreement governs your use of the Site and the kocreators.com service (the “Service”). The Service permits customers that have an appropriate relationship either with: (i) institutions of higher learning, fraternal organizations, honor societies and other collegiate groups (collectively, “Institutions”); (ii) corporations and small businesses; (iii) elementary and secondary schools; or (iv) other organizations, to design and purchase custom merchandise properly describing that relationship. You understand that by using the Site and the Service, you have agreed to the terms and conditions of this Agreement and you agree to use the Site and the Service solely as provided in this Agreement.
11.2 Intellectual Property Rights of Kocreators.com and Third Parties
Kocreators is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the kocreators.com Site (collectively the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by kocreators.com
Additionally, Kocreators has the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, religion, disability or national origin, containing explicit sexual content or is otherwise inappropriate for family settings.
You agree to not use Kocreators Service to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
11.3 Anti-Sweat Shop Policy
Kocreators supports high standards for manufacturing labor conditions. Accordingly, we seek to work with suppliers who promote such standards within their operations. Kocreators.com relies upon referrals, reputation and, in some cases, personal inspections to identify such vendors.
11.4 Payment Policies
Kocreators accepts online or telephone payment via credit card, debit card, or electronic check (ACH). All payments sent electronically are securely transmitted.
Kocreators.com also accepts payment via purchase order for qualified customers. Invoices may be paid by check or credit or debit card.
11.5 Shipment/Delivery Times
Kocreators’s orders are generally delivered within 14-21 business days. Customers who are concerned about meeting deadlines should clearly explain their deadline with a Service/Sales Representative before placing their order. Rush orders on screen-printed apparel items are available for a $150 rush charge. Rush orders are delivered within 4-7 days. Delivery times may vary during the holiday seasons.
11.6 Limit of Kocreators.com’s Responsibility
In no event will Kocreators be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Kocreators.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
11.7 Intellectual Property Claims
Kocreators respects the intellectual property rights of others. We have a policy of removing user submissions that violate copyright, trademark, or other intellectual property laws, suspending or blocking access to the design-saving or other features of our site to any user who uses our site in violation of any such law, and/or terminating in appropriate circumstances the account (if any) of any user who uses our site in violation of any such law. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of Kocreators.com, please provide written notice to the following agent for notice of claims of infringement:
In order for us to respond to your notice, it must: (i) contain your physical or electronic signature; (ii) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed; (iii) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (iv) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (v) contain a statement that you have a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owner’s agent, or the law; (vi) contain a statement that the information in the written notice is accurate; and (vii) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.
You agree to defend, indemnify and hold Kocreators.com and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your use of Kocreators.com’s Site and the Service, your violation of this Agreement, or your violation of any rights of another.
11.9 Governing Law
This Agreement shall be governed by the laws of the State of Arizona and, where applicable, by the federal law of the United States Of America.