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Active Wearable Art

Terms of Service
Summary: Please read these terms very carefully as they form a binding Agreement between you and
Be Sensitive Studio regarding the use of our services and website.

At the beginning of each Section, you’ll find a short summary to help you navigate the document. Note that these summaries do not replace or represent the
full text.

The following terms and conditions constitute a legally binding contract (this “Agreement”) between you
(“you” or “your”) and Be Sensitive Studio AKA PREPAAIRED, that governs all use by you of the prepaaired.com website (the “Site”) and the services available on or at the Site (taken together with the use of the Site, the “Services”). We’ll refer to PrePaaired and all of its subsidiaries and affiliated companies collectively as “PrePaaired”, “we”, “our”, “us”, etc.. Our partner is a white-label prints and dropships products (“Products”) directly to our customers (“Customers”).

The Services are offered subject to your acceptance without modification of all the terms and conditions contained herein. We also have other policies and procedures including, without limitation, Shipping,
Return Policy, Privacy Policy, and others. Those policies contain additional terms and conditions, which
apply to the Services and are part of this Agreement.

YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THIS AGREEMENT. FURTHERMORE, BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SITE, YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT.

If you do not agree to this Agreement, do not use the Site or any other Services. If you use our Services only for your personal use, you are considered a “User”. If you use our Services to execute orders or deliver Products to third parties (including Customers), we are considered a “Merchant”.

REGARDLESS OF IF YOU ARE A USER OR MERCHANT, THIS AGREEMENT REQUIRES THAT ALL DISPUTES (AS DEFINED BELOW) ARISING FROM OR RELATING TO THIS AGREEMENT BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY JURY TRIAL OR CLASS ACTIONS, EXCEPT AS OTHERWISE PROVIDED BY SECTION 18. IF YOUR COUNTRY OF RESIDENCE IS IN THE EUROPEAN ECONOMIC AREA OR THE UNITED KINGDOM THIS APPLIES TO ANY ACTION YOU MAY WANT TO BRING AGAINST PRINTFUL IN THE UNITED STATES.

  1. Access & Membership
    Summary: You need to be of a certain legal age to use PrePaaired, and you’re fully responsible for your account and the use of our services. If you violate our Terms of Service or otherwise act in bad faith, we can modify, cancel, or refuse service at any time. To enjoy all PrePaaired’s benefits, you may register your account and become a member (“Member”). Membership requires that you register on the Site (including by truthfully filling out all required personal information). You may opt out of marketing and promotional activities, including emails.

You may cancel your membership at any time by canceling it online on the Site. To complete registration, you shall provide a name, surname, email address and password. You may never use another user’s PrePaaired account without permission from that user. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify PrePaaired immediately of any breach of security or unauthorized use of your account. 

  1. Modifications
    Summary: We reserve the right to modify our terms, services, and fees. Please follow changes to our terms by checking in with the Policy updates section on our website. Without affecting orders for European Economic Area Users or orders for Users in the United Kingdom which PrePaaired has already confirmed PrePaaired reserves the right, at its sole discretion, to modify this Agreement and its terms, as well as the fees and other charges for our Services, at any time. 
  2. Content
    Summary: PrePaaired respects intellectual property rights and asks you to do the same.
    1. Responsibility for the Content. You understand that you are solely responsible for the Content that you post on or through the Services. 

Responsibility of Site members and visitors

Summary: When using PrePaaired services, it’s your responsibility to follow our policies. If you violate our policies, we might restrict or even end up terminating your access to our services. Violation of this Agreement or any other rules will result in the termination of your access and/or PrePaaired account.

PrePaaired and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, PrePaaired and its designees shall have the right to remove, block, and disable any Content. You agree that you must evaluate and to the extent permitted by law bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by PrePaaired or submitted to PrePaaired, including without limitation information in PrePaaired collaborations, posts and in all other parts of the PrePaaired Services.

Without limiting other remedies, we may limit, suspend or terminate our Services and your account, prohibit access to our Site, delay, remove, block, or disable hosted Content, and take technical and legal steps to keep you off the Site if we think that you are creating problems, causing possible legal liabilities, breaching this Agreement, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time. You are responsible for providing PrePaaired with accurate and truthful information (including but not limited to your name and surname if you are a User or retail price if you are a Merchant). If you have provided PrePaaired with inaccurate or false information, (a) you shall be liable to PrePaaired for damages and losses (including but not limited to taxes) arising out of such inaccurate or false information, (b) you shall reimburse such damages and losses (including but not limited to taxes) to PrePaaired, and (c) PrePaaired shall have the right to charge you for such damages and losses (including but not limited to taxes) and otherwise limit or suspend your access to the Services.

4. Use of Services
Summary: By using PrePaaired, you agree to use our services according to our terms and to respect the rights of our brand name, trademark, and digital items. In case we need to contact you, we’ll reach out to you via email. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, platforms, and integrations subject to this Agreement and the following restrictions in particular:

5.Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in
connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you or PrePaaired. For example, it’s your responsibility to obtain any permits or licenses that your store may require; you must not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against PrePaaired, another PrePaaired user, or a third party. You also agree that you are not the target of trade, financial, and economic sanctions, and that you do not appear on a sanctions-related list, including lists maintained by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), the U.S. Department of State, the U.S. Department of Commerce, the European Union, or Her Majesty’s Treasury of the United Kingdom.  The following are collectively referred to as the “Parties”: (a) PrePaaired, (b) Be Sensitive Studio, subsidiaries, affiliated companies, joint partners ventures, and (c) the managers, agents, and employees of Be Sensitive Studio and its subsidiaries, affiliated companies, and joint ventures.


6. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code into our platforms, third party services, or other programs or systems our clients may use to promote their Products. You agree not to use the Services: (i) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with this Agreement; or (ii) to engage in any other conduct that restricts or
inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm any PrePaaired or expose any of them to liability. You agree that PrePaaired reserves the right to audit our platforms (systems) to ensure integrity and compliance with this Agreement, at the sole
discretion of PrePaaired.


7. Follow Brand Guidelines. The name “PrePaaired”, our iconography, phrases, logos, and designs that we use in connection with the Products or Services we provide are trademarks, service marks, or trade dress of Be Sensitive Studio in the US, European Union, and all other countries, that are used for proprietary purposes at our sole discretion. Except as expressly provided in this Agreement, PrePaaired does not grant you any rights to use its trademarks, service marks, or trade dress. You may state in connection with the Services or Products provided by PrePaaired that PrePaaired provided such Services or Products. If you use any of our trademarks in reference to our Products or Services, you must include a statement attributing that trademark to us. You must not use any of our trademarks: (i) in or as the whole or part of your own trademarks; (ii) in connection with activities, Products or Services which are not ours; (iii) in a manner which may be confusing, misleading, or deceptive; or (iv) in a manner that disparages us or our information, Products or Services (including the Site). PrePaaired reserves the right to request you to immediately remove any such misused iconography, phrases, logos, and designs at our sole discretion.


8. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to PrePaaired (not including your Content or Products you sell or warehouse through our Services) are considered non-confidential and nonproprietary to you. By submitting those ideas and materials to us, you grant us a nonexclusive, worldwide, royalty-free, non-revocable, sub-licensable, perpetual license to use and
publish those ideas and materials for any purpose, without compensation to you at any time.


9. Communication Methods. PrePaaired will provide you with certain legal information in writing. By using our Services, you’re agreeing to our communication methods which describe how we provide that information to you. This simply means that we reserve the right to send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment).
Under California Civil Code Section 1789.3, Users from the State of California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at: orders@prepaaired.com

10. Digital Items. Digital items (like mockups, templates, images, and other design assets) and texts created in connection with the Products and/or Services we offer and their intellectual property rights belong exclusively to PrePaaired. Digital items and any results may only be used in connection with the advertising, promoting, offering and sale of PrePaaired’s Products and may not be used for other purposes or in conjunction with products from other manufacturers. If PrePaaired provides the
possibility for Users to modify or customize any Digital Items, you will ensure that the Content used to modify such Digital Items will comply with the intellectual property laws and our Acceptable Content guidelines.

11. Content and Services
Summary: We are responsible for communicating with our customers and handling any claims they might have. We provide the best service we can on an “as is” basis, and please be aware that it may have errors and interruptions.

12. Items our Clients Purchase Through Our Sites. You understand that PrePaaired cannot and does not make any warranties about our Content, stores, or what we sell to our customer that we may be warehoused. Any legal claim related to a Product our customers purchase must be
brought directly against use as the seller of the Product.

13. Content You Access. Customers may come across materials that they find offensive or inappropriate while using our Services. We make no representations concerning any content
posted by others through the Services. PrePaaired is not responsible for the accuracy, copyright, compliance, legality, or decency of content posted that you accessed through the Services. You release us from all liability relating to that content.

14. Third-Party Services. Our stores on our Site(s) may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a product or service of one of our subcontractors or other third parties in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. PrePaaired is not a party to those agreements; they are solely between you and the third party. You agree that PrePaaired will not be liable to you in any way for your use of these third-party services.

15. Services. PrePaaired is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is,” with all faults and without any kind of warranty (express or implied), except for the warranties provided with respect to Products.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE EXPRESSLY DISCLAIMING ANY AND ALL WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES OR CONDITIONS IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, WITH RESPECT TO OUR SERVICES, EXCEPT FOR THE WARRANTIES OR CONDITIONS PROVIDED WITH RESPECT TO PRODUCTS IN SECTION 6 BELOW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

We do not guarantee that:
1. the Services will be secure or available at any time or location – PrePaaired shall not be liable for any delays, interruptions, or loss of data in connection with the use of our Site and Services. PrePaaired shall strive to ensure that the Services are carried out in other locations in case it is not possible to carry them out at the location the Services were initially intended to be performed at. any errors for which PrePaaired is responsible will be corrected; the Services will always be free of viruses or other harmful materials; or the results of using the Services will meet your expectations.
You use the Services solely at your own risk.

 

Limited Warranty on Products

Limited Warranty. We warrant that, at the time of delivery of a Product to a User or the Customer, the Product will not be materially defective or damaged (the “Limited Warranty”). 

  1. Who May Use This Warranty?  All Limited Warranty coverage terminates if the Customer sells or otherwise transfers a Product.
  2.  What Does This Warranty Not Cover? This Limited Warranty does not cover any damage to or defect in a Product caused by any of the following: (a) you or third parties; (b) any improper handling (including during shipping), use or storage of the Product; (c) any failure to follow any Product instructions; (d) any modifications to the Product; (e) any unauthorized repair to the Product; or (f) any external causes such as accidents, fire, flood, “acts of God” or other actions or events beyond our reasonable control; or (g) any costs or expenses related to the loss of use of the Product or any other costs or expenses not covered by this Limited Warranty. This Limited Warranty does not cover any items supplied by third parties, size exchanges or buyer’s remorse. Finally, as noted elsewhere in this Agreement, we unfortunately cannot guarantee that the colors and details in our website images are 100% accurate representations of a Product, and sizes might in some cases be approximate. Accordingly, this Limited Warranty does not cover such matters.

Need help?

 

Contact us at {orders@PrePaaired.com} for questions related to refunds and returns.

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