User Agreement & PoliciesWhat this Agreement CoversThis Agreement governs your use of the Site and the Qswimwear.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.Intellectual Property Rights of Qswimwear.com and Third PartiesQswimwear.com 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 Qswimwear.com Site (collectively the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Qswimwear.com.Qswimwear.com is the owner of the Q SWIMWEAR trademark; other trademarks made available through this Site, including logos, slogans, color schemes and design trademarks, are licensed for use by Qswimwear.com from Institutions and other third parties (the "Licensed Marks"). By using the Qswimwear.com Site, you agree to limit your use of Licensed Marks to uses that are directly related to such third parties and to comply with any restrictions or conditions imposed on the use and access of the Licensed Marks by the third parties.Qswimwear.com will notify you of such terms if your usage is in violation of such terms.Generally, products created using images available on the site should not be resold commercially. In the event that you wish to resell such products, you agree to contact Qswimwear.com and verify the legality of reselling such products prior to doing so. Designs created using the text tools and images available through the site are in no way the exclusive property of the customers who assemble such designs. Qswimwear.com retains the right to display such designs or offer them (or variations of such designs) to other customers.Additionally, Qswimwear.com 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 Qswimwear.com production.You agree to not use Qswimwear.com´s Service to create any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, 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.
Payment PoliciesQswimwear.com accepts online payments via credit card and debit card. All payments sent electronically are securely transmitted.
Shipment/Delivery TimesQswimwear´s orders are generally delivered within 25 days. Customers who are concerned about meeting deadlines should contact a Service/Sales Representative. Delivery times may vary during the holiday seasons.
Returns PolicyQswimwear.com goes to great lengths to ensure that all orders are filled accurately and on time and are of the highest quality. Accordingly, Qswimwear.com accepts returns and will refund payment if and when customers are disappointed by Qswimwear.com merchandise for one of the following reasons: (a) the items themselves are materially flawed; or (b) the design of the final product is materially different from the final design submitted by the customer.Limit of Qswimwear's ResponsibilityQswimwear.com will be responsible for acting only on those instructions sent to Qswimwear.com that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. Qswimwear.com is not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. Qswimwear.com is not responsible should you give incorrect instructions or if your credit-card payment is not processed by your credit-card company.The information and materials contained in this Site, including text, graphics, links or other items, are provided "as is", "as available". Qswimwear.com does not warrant the accuracy, adequacy or completeness of the information and materials on the Site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.In no event will Qswimwear.com 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 Qswimwear.com or representatives thereof, are advised of the possibility of such damages, losses or expenses.Intellectual Property ClaimsQswimwear 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 Qswimwear.com, please provide written notice to the following agent for notice of claims of infringement:
Orvar USA Corp
2400 Kettner Blvd. Suite 251
San Diego, CA 92101
Tel: (619) 677-2050
Email: [email protected]
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.IndemnityYou agree to defend, indemnify and hold Qswimwear.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 Qswimwear.com´s Site and the Service, your violation of this Agreement, or your violation of any rights of another.Governing LawThis Agreement shall be governed by the laws of the State of California and, where applicable, by federal law.