Terms of Use

Buyers

All visitors (“user”, “you”, “your”) to the SWRM website at www.swrm.com (“the website”) are entering a binding legal agreement on the following terms (the “agreement”) when using the website. The agreement is between the user and SWRM LLC ( “SWRM”, “we”, “us”, or “our”) and use of the website indicates continued acceptance of this agreement, including any changes or amendments from time to time. 

Membership 

You may become a registered member (“member”) of the website by setting up a password protected account. You will be required to select a username and password when registering to become a member. You must become a member before placing any content (defined as information, text, data, graphics, images, photographs, sound, video, music or any other material posted on the website) or making any purchases. In its sole discretion, SWRM may refuse or subsequently cancel any username that it decides is inappropriate and / or refuse any person from becoming a member.

Any information you choose to publish in the public section of your profile on the website may be viewed, distributed or linked to within the website or in the course of delivering the SWRM service. We care about your privacy and you can read our privacy policy if you would like to know how we handle your personal information.

Please keep your password safe. You are solely responsible for actions made on the website using your password, including any products purchased or sold and any content displayed or messages sent, even if these actions were not approved or contemplated by you. By using SWRM, you are solely responsible for any loss caused by any use of your password by you, or any other person.  You agree that you will not disclose your password to any other person and you will not keep your password where it can be copied or used by anyone other than you. If you suspect someone else knows your password, change it immediately.

Purchasing Product

Users can purchase products on the SWRM website via our processor, Shopify.  The price you pay is fixed at the time of ordering. Orders may only be placed via the website. SWRM does not accept orders in any other manner, including via telephone. Payment processing for purchases is through Shopify, their terms of use can be found here

Order Cancellation

Because each item is made to order, you may cancel an incorrect order within 24 hours once it has been submitted.  After the 24 hour window, the item is non refundable. You can request a refund by emailing info@swrm.com.

It is your responsibility to ensure the product delivery address is correct. SWRM takes no responsibility for any product a customer does not receive because of errors in the delivery address given to us.  We do not warrant, endorse, make representations about or recommend any content or art offered or provided by any member.

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight. You acknowledge that we cannot facilitate an order where such an error exists and hereby instruct us to cancel such an order and take other action as required.

You authorize us to cancel an order if we believe that it is being made in contravention of this agreement, or in contravention of the rights of any person or any law. We may cancel an order even if it has been confirmed and the customer’s credit card or PayPal account has been charged. We reserve this right up until the time of delivery of the product to that customer. If a cancellation of this nature occurs after the customer has been charged for the product, we will credit the customer’s credit card or PayPal account for the amount in question.

Order Delivery

Delivery will be facilitated pursuant to the customer's instructions by postal or courier service and will be paid for by the customer at the price indicated at the time of purchase. SWRM will charge shipping charges to the customer which will vary depending upon the size and price of the product.  Please allow up to 2-3 weeks for delivery. Delivery times are subject to change based on the product purchased.

Damaged Items

If a product is delivered to a customer damaged in some way SWRM will happily contact the manufacturer or seller to issue a replacement copy of the product after receiving reasonable proof of that damage.

If you receive a damaged product, then you must email SWRM customer service within 14 days of receipt to tell us about the nature of the damage and to arrange for a new product to be sent to you at no cost to you.

Please be aware that publishing to the website is creator-controlled and we do not screen all of the content on our website. It is the customer’s responsibility to verify the quality of the content (including but not limited to misspelled words, grammatical errors, formatting, design, color or overall appearance) before ordering a product. This damaged goods policy does not apply to content, only to the physical product (i.e., the actual t-shirt, not the content of the print on it).

Inappropriate Content

SWRM manually screens content within reasonable effort before it is displayed on the website so occasionally members may inadvertently or deliberately submit and display content that breaches this agreement.

Inappropriate content includes, but is not limited to, content that infringes the copyright or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.  SWRM reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content and will not be held liable.

Please help us by using our flag feature to highlight any inappropriate, or potentially inappropriate, content you see on the website. You can do this by clicking the "Inappropriate Content" link that will be displayed beside each piece of art. If you believe your copyright or other intellectual property rights are being infringed, you are able to make a formal complaint by emailing info@swrm.com.

Specific Warnings

You must ensure that your access to this website and the SWRM service is not illegal or prohibited by laws that apply to you.  You must take your own precautions to ensure that the process that you employ for accessing this website and the SWRM service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website.

We do not accept liability for any losses arising directly or indirectly from a failure to provide the SWRM service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the SWRM service, or any transmissions by others in contravention of the registered members’ obligations as set out in this agreement.  You acknowledge that we may not be able to confirm the identity of other registered members or prevent them acting under false pretenses or in a manner that infringes the rights of any person.

Linked Websites

This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

Disclaimer

We do not represent or guarantee that the SWRM service or this website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to the SWRM service or these websites will be uninterrupted.

You acknowledge that the SWRM service or this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.

We do not warrant that any members’ uploads to this website will be protected against loss, or misuse or alteration by third parties. We do not warrant that all uploaded content will be available on our website. If we elect in our sole discretion to make available content on our website, we do not warrant that it will be available within a certain time frame.

We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following, which we may offer as a gesture of goodwill:

  1. if the breach relates to goods:
  • the replacement of the goods or the supply of equivalent goods;
  • the repair of such goods;
  • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • the payment of the cost of having the goods repaired; and
  • if the breach relates to services:
  • the supplying of the services again; or
  • the payment of the cost of having the services supplied again

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Indemnity

You agree to defend, indemnify and hold harmless Threadless.com, and any director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of swrm.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. This defense and indemnification obligation will survive these Terms of Use and Your use of the Website.

Privacy Policy

Your privacy is very important to us. Users of our website should refer to our privacy policy [hyperlink privacy policy]– which is incorporated into this agreement by reference, for information about how we collect and use personal information.

Security of information

No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information, however we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.

Termination of access

Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Dispute Resolution

This User Agreement and all disputes relating to this User Agreement, or relating to your use of any part of the SWRM service, will be exclusively resolved under confidential binding arbitration held in Los Angeles, California. All disputes will be resolved in accordance with the Rules of JAMS, applying California law, without regard to conflicts of law principles.

You and SWRM agree to submit to the personal and exclusive jurisdiction of the Federal and California State courts in Los Angeles County for purposes of enforcing any arbitration award. Notwithstanding the foregoing, SWRM may seek injunctive or other equitable relief, from a court of competent jurisdiction. You and SWRM agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You and SWRM agree that any cause of action arising out of or related to the SWRM site (including but not limited to any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

If you have a dispute with one or more users or sellers, you release SWRM (and SWRM’s officers, directors, agents, subsidiaries, joint ventures and employees) from claims demands and damages (actual and consequential) of every kind of nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542 which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor".

General

We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

Changes to These Terms

SWRM may make changes to these terms from time to time, which will be effective when posted on the Terms of Use.   SWRM will not notify You directly/personally of any changes to the terms; as such, it is encouraged that you check this page regularly for any updates to these terms. It is expected that you will read these Terms fully prior to any purchase, and your continued use of SWRM following the posting of changes will mean You accept those changes.

You will be subject to the policies and terms in force at the time that you order product(s) from SWRM, unless any change to those policies or these terms is required to be made by law or a government authority (in which case it may also apply to orders previously placed by you).

Cancellation

You may close your account at any time by contacting info@swrm.com.

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