PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING OUR SERVICES. BY REGISTERING FOR AN ACCOUNT, INSERTING CREDENTIALS PROVIDED BY SUPACOLOR TO LOG ON TO OUR PLATFORM OR OTHERWISE USING OUR SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AS WELL AS ALL OTHER RULES, POLICIES AND PROCEDURES RELATED TO OUR SERVICES THAT WE MAY PUBLISH FROM TIME TO TIME, AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT LOG IN OR OTHERWISE USE OUR SERVICES.

Welcome to Supacolor! Supacolor was created with the mission to make high-quality heat transfers so fast and easy that anyone with a heat press can become a professional printer. We streamlined every step of the process, from pricing and placing your orders to receiving your transfers and pressing them on almost any fabric. The result is the most efficient and versatile heat transfer available.

Our Terms, together with the FAQ, were created to assist you with using and accessing our Services.

Terms of Use

Our Terms of Use (“Terms” or “Agreement”) are entered into by and between you and Supacolor (“Supacolor,” or “we,” or “us,” or “our”). Supacolor provides a range of services that enable you to order high-quality heat transfers with almost any design of your choice (hereinafter, “Services”). We make our Services available through our website: https://www.supacolor.com/.

By using our Services, you represent and warrant that you have read, understand, and agree to be bound by, this Agreement and Supacolor’s Privacy Policy

IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY OUR TERMS AND PRIVACY POLICY, DO NOT ACCESS OR USE OUR SERVICES.

By entering into this Agreement, you represent and warrant that you are least 18 years old. If you are entering into these Terms on behalf of legal entity, you represent and warrant that you have the authority to bind this legal entity. IF YOU FAIL TO MEET THESE REQUIREMENTS, YOU MAY NOT ACCESS OR USE OUR SERVICES.

INTELLECTUAL PROPERTY

By using our Services, you represent and warrant that you own, have legally licensed, or have the requisite rights to reproduce all the designs you provide us with (hereinafter, “Content”). You hereby grant us, our websites, and third-party affiliates, a worldwide, royalty-free, nonexclusive, assignable and sublicensable limited license, to manufacture and produce your Content for you through our Services. If Supacolor seeks to use, display, publish, or distribute your Content in any format now known or later developed for the purpose of promoting our Services, it will first obtain your prior written approval.YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT THAT YOU SUBMIT THROUGH OUR SERVICES. YOU REPRESENT AND WARRANT THAT YOU OWN OR HAVE OBTAINED ALL INTELLECTUAL PROPERTY RIGHTS IN YOUR CONTENT, INCLUDING WITHOUT LIMITATION, THE RIGHT TO MANUFACTURE, DISTRIBUTE OR SELL PRODUCTS THAT INCLUDE YOUR CONTENT. Further, you represent and warrant that:

1. You provide us with rights as set forth in these Terms;
2. Your Content and the manufacture, distribution or sale of products that include your Content does not and will not infringe the intellectual property rights of any person or legal entity, including without limitation any copyright, moral rights, trademark, patent, right of publicity or right of privacy;
3. Your Content is free of false, inaccurate, misleading, incomplete, defamatory or libelous obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy, in violation of anyone’s rights, including their privacy or publicity rights, abusive, inflammatory or otherwise objectionable materials;
4. Your Content is accurate, not misleading or otherwise deceptive.

SUPACOLOR DOES NOT REVIEW THE CONTENT, AND IS NOT RESPONSIBLE FOR ANY CONTENT MADE AVAILABLE BY YOU THROUGH OUR SERVICES. HOWEVER, SUPACOLOR RESERVES THE RIGHT TO EXAMINE OR EVALUATE THE CONTENT AND TO REFUSE TO COMPLETE OUR SERVICES IF WE DETERMINE THE CONTENT VIOLATES THESE TERMS OR OUR RULES, POLICIES OR PROCEDURES.You understand that our Services are based on the Content submitted by users that may be in the form of designs, images, pictures, text, photographs, graphics, or other materials submitted, posted, published, displayed through our Services.IT IS YOUR RESPONSIBILITY TO MAKE SURE THAT YOU ARE FULLFILING YOUR LEGAL RESPONSIBILITIES AND NOT VIOLATING ANYONE’S RIGHTS OR BREAKING ANY APPLICABLE LAWS BY SUBMITTING THE CONTENT THROUGH OUR SERVICES.As long as you are in compliance with these Terms and our rules, policies and procedures, Supacolor grants you a limited, non-exclusive, revocable, non-transferable license, without right of sublicense, to use our Services solely for the purposes intended under these Terms.IF YOU BELIEVE THAT YOUR WORK HAS BEEN COPIED IN A WAY THAT CONSTITUTES INTELLECTUAL PROPERTY INFRINGEMENT, OR IF YOU SEE ANY INFRINGING CONTENT AVAILABLE THROUGH OUR SERVICES, PLEASE CONTACT US AT HELLO@SUPACOLOR.COM.

Third-Party Websites

Supacolor may include links to other websites through our Services that are not owned or controlled by Supacolor. Those links are provided for convenience only and may not be up to date. Supacolor does not review linked websites and is not responsible for the content, security, operation, or use of any linked websites or the products or services that may be offered or obtained through them. These third-party links should not be regarded as an endorsement or recommendation by Supacolor of the owners or operators of those linked websites, or of any content thereof, unless and to the extent we may explicitly stipulate to the contrary through our Services. Moreover, it is your sole responsibility to familiarize yourself with policies of the third-party websites before accessing those websites. IF YOU ACCESS LINKED WEBSITES, YOU DO SO AT YOUR OWN RISK. SUPACOLOR DOES NOT BEAR ANY RESPONSIBILITY FOR THIRD-PARTY WEBSITES.ORDERSYou can place orders by registering an account with us. All orders should be made through our Website. We reserve the right to set quantity limits on any order, to reject all or part of an order, even after you placed the order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required to process your order.You may find all information related to technical requirements of placing an order in the Frequently Asked Questions (“FAQ”). FAQ are incorporated herein by reference.

Payments

Prior to placing an order through our Website, you will need to provide your payment information to us or to any designee we may appoint. Your order information should include all relevant information, including, but not limited to, credit card number, expiration date, billing and shipping address.YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO PLACE AN ORDER WITH THE USED PAYMENT METHOD.You acknowledge and understand that we have an obligation treat all information provided to us in accordance with our Privacy Policy . By providing us with the right to share your information with third parties in order to complete transactions made by you or on your behalf through our Services. We may contact you if we need to verify your information prior to acceptance of any orders through our Services.

Taxes and Shipping Information

If any taxes apply to your order, they will be shown during the checkout process prior to finalizing your order. Shipping charges are billed separately, and will be shown during the checkout process prior to completing your order. We will do our best to deliver all orders on-time, as outlined in FAQ. However, we cannot guarantee that our shipping providers will not face any shipping delays or problems. Supacolor shall not be liable for such delays or problems.

Order Issues

Our goal is to be as accurate as possible. However, we do not warrant that all descriptions, images, pricing or other information available through our Website is accurate, complete, updated, or mistake-free. IF YOU BELIEVE THAT YOUR ORDER DOES NOT MEET THE SPECIFICATIONS, WE ENCOURAGE YOU TO CONTACT US AT HELLO@SUPACOLOR.COM IMMEDIATELY SO THAT WE CAN ADDRESS THE ISSUE.

ACCOUNT INFORMATION

Account Registration and Confidentiality

In order for you to use our Website or Services, you must register an account. When creating an account, you are required to provide accurate, complete and updated information. In addition, you must update your account information as soon as possible. We may from time to time ask you for additional information confirming your identity, such as government identification, payment information, and tax information, among others. Once you register an account, we will provide you with login credentials.You are solely responsible for all actions made via your account, regardless of whether they are authorized, and for keeping your account username and password confidential. You agree to notify us right away of any breach of security or unauthorized use of your account. WE ARE NOT LIABLE FOR ANY UNAUTHORIZED USES OF YOUR ACCOUNT. We reserve the right to require you to change your username or password if we have reason to believe either is no longer secure.You may never use another user’s account.

Disclosure of Account Information

You acknowledge and agree that we may access, retain and disclose your account information, or Content if required to do so by law or in a good faith belief that any access, retention or disclosure is reasonably necessary to: (1) enforce these Terms or our rules, policies or procedures; (2) respond to your requests for customer service purposes; (3) address a legal notice or comply with legal process; or (4) protect the rights, property or personal safety of Supacolor, our users or the public.

Termination of Account

We reserve the right to terminate or suspend your account and access to our Services if you are found to be in violation of these Terms or any of our policies in our sole discretion. We may also suspend or terminate your access to all or any part of our Services or your account at any time, with or without cause, with or without notice, effective immediately.You may also terminate these Terms at any time by terminating your use of our Services.Finally, if these Terms are terminated for any reason, the rights and licenses granted to you hereunder will immediately terminate. We will have no liability to you for any damages, loss of profits or other claims arising from the termination or suspension of your access to our Services or your account.If you believe that your access to our Services or your account shouldn’t have been suspended or terminated, please email us immediately at hello@supacolor.com.

DISPUTE RESOLUTION

Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law provisions. You and we expressly agree that any claim or dispute must be resolved exclusively by a state or federal court or arbitration located in Gardena, California, except as described in the Arbitration section below or as otherwise mutually agreed by the parties to this Agreement.

Issues with our Services

It is our goal to provide high-quality services. However, there may be instances when you feel that we did not meet your expectations. Under such circumstances, we encourage you to contact us at hello@supacolor.com to describe in detail the nature of your issue or dissatisfaction. We will do our best to resolve the complaint as soon as possible.

Arbitration

PLEASE READ THIS AGREEMENT TO ARBITRATE CAREFULLY TO UNDERSTAND YOUR RIGHTS. BY ELECTING ARBITRATION, YOU AND WE AGREE TO ARBITRATE ANY CLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE TERMS BELOW. YOU AND WE AGREE THAT ALL SUCH CLAIMS WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A PROPOSED CLASS ACTION. WHETHER OR NOT YOU OPT-OUT, HOWEVER, YOU ARE GIVING UP A RIGHT TO A TRIAL BY JURY. YOU AND WE UNDERSTAND THAT DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION.

THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, LOCAL, OR OTHER COURT OR AGENCY, WILL HAVE THE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THESE TERMS AND THIS AGREEMENT TO ARBITRATE, INCLUDING BUT NOT LIMITED TO, ANY CLAIM THAT ALL OR ANY PART OF THESE TERMS OR THIS AGREEMENT TO ARBITRATE IS VOID OR VOIDABLE.

Users Residing in the United States

For users in the United States, the arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at adr.org/consumer or by calling 1-800-778-7879.

Users Residing Outside the United States

For users outside of the United States, any controversy or claim arising out of or relating to these Terms, or the breach thereof, will be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Expedited Procedures (“ICDR Expedited Procedures”). The arbitration will be decided by a sole arbitrator appointed in accordance with the ICDR Expedited Procedures. The ICDR’s rules are available at

Opt-Out Notice

ARBITRATION OPT-OUT NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED HEREIN, YOU AGREE THAT DISPUTES BETWEEN YOU AND SUPACOLOR WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT OUT OF THE AGREEMENT TO ARBITRATE BY CONTACTING US AT HELLO@SUPACOLOR.COM WITHIN 30 DAYS OF ACCEPTING OUR TERMS OF USE.

Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF OUR SERVICES. NO CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ARBITRATION PROCEEDINGS WILL BE PERMITTED. IN THE EVENT THAT THIS CLASS ACTION WAIVER IS DEEMED UNENFORCEABLE WITH RESPECT TO ANY PARTICULAR CLAIM OTHERWISE SUBJECT TO ARBITRATION, THEN THAT CLAIM WILL NOT PROCEED IN ARBITRATION BUT RATHER WILL BE RESOLVED IN A COURT OF COMPETENT JURISDICTION. IF THAT OCCURS, HOWEVER, THIS AGREEMENT TO ARBITRATE AND THIS CLASS ACTION WAIVER STILL WILL BE FULLY ENFORCEABLE AS TO ALL OTHER CLAIMS, WHICH MUST BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS.

Waiver of Trial by Judge or Jury

YOU AND WE AGREE AND UNDERSTAND THAT BY USING ARBITRATION TO RESOLVE DISPUTES YOU AND WE ARE GIVING UP ANY RIGHT THAT YOU OR WE MAY HAVE TO A JUDGE OR JURY TRIAL WITH REGARD TO ALL CLAIMS SUBJECT TO THIS AGREEMENT TO ARBITRATE. YOU AND WE FURTHER AGREE THAT ANY CLAIM HEARD IN A COURT OF COMPETENT JURISDICTION WILL BE HEARD BY A JUDGE INSTEAD OF A JURY, EXCEPT WHERE A JURY TRIAL WAIVER IS NOT PERMISSIBLE UNDER APPLICABLE LAW.

Statute of Limitations

You and we agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to use of our Services, or these Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.

MISCELLEANOUS

Waivers and Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST US WITH RESPECT TO ANY ACTIVITIES, CONTENT, ACTIONS OR INACTIONS OF ANY THIRD PARTY IN CONNECTION WITH OUR SERVICES, INCLUDING WITHOUT LIMITATION, ANY ILLEGAL, DEFAMATORY, OFFENSIVE, OR UNAUTHORIZED CONDUCT BY ANY USERS.

OUR SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OR THAT OUR SERVICES WILL BE MISTAKE FREE OR THAT ALL TRANSACTIONS WILL BE COMPLETED. THE OPERATION OF OUR SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. TO THE EXTENT LEGALLY PERMITTED, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF OUR SERVICES.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SUPACOLOR, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SERVICES, ANY SERVICES LINKED TO THEM, ANY CONTENT ON OUR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from and against any and all claims, demands, liabilities, damages, losses, fines, and expenses (including but not limited to, reasonable attorneys’ fees and other professional fees and costs of investigation) arising from or in any way related to: (1) your Content or use of our Services, including without limitation, your sale of any products; (2) your (or anyone using your account’s) breach of these Terms or any of our policies; or (3) your violation of any law or the rights of any third party, including without limitation, any intellectual property rights or privacy rights. You may not settle any claim in any manner that binds us without our express prior written consent. We may withhold any amounts due to you pending the resolution of any claim subject to this indemnity and may apply those amounts to the resolution of that claim.

Modifications

We reserve the right to modify or discontinue our Services, and to block or delete any information made available through our Services by any party, at any time without notice in our sole discretion. However, we do not have any obligation to update, maintain or correct any information made available through our Services.

We reserve the right, at any time and in our sole discretion, to change these Terms, FAQ  and the Privacy Policy, in whole or in part. You are responsible for reviewing and complying with these Terms, FAQ  and the Privacy Policy [LINK] in effect at the time you use or access our Services. You acknowledge that you will be bound by the revised Terms, FAQ and the Privacy Policy , as of their effective date set forth therein, and your continued use of our Services constitutes acceptance of them.

Notices

All notices under these Terms must be in writing. Supacolor shall give any notice by email sent to the most recent email address, if any, provided by you to Supacolor. You agree that any notice received from Supacolor electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ON FILE WITH SUPACOLOR IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY POINT OF AN EMAIL TO THAT ADDRESS.

You shall give any notice to Supacolor by means of: (1) U.S. mail, postage prepaid, to Supacolor, 16918 Gramercy Place Gardena, CA 90247; or (2) email to: hello@supacolor.com.

California Residents

Please note that California users of the online services 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, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Data Transfer

By accessing or using our Services, or submitting information, you acknowledge that you accept the practices and policies outlined in these Terms and consent to having your data transferred to and processed in the United States, in accordance with our Privacy Policy  and applicable law. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES. We control and operate our Services from the United States. We do not represent or warrant that our Services, or any part thereof, are appropriate or available for use in other jurisdictions. Those who choose to use or access our Services do so on at their own risk, and are responsible for complying with all local laws, rules and regulations. We reserve the right to limit the availability of our Services, in whole or in part, to any user, geographic location or jurisdiction that we choose, at any time and in our sole discretion.

Other Jurisdictions

If you live in a country in which we operate a local website, the terms and conditions of such local website will govern your use of our Services and will supersede these Terms despite you visiting or making purchase on https://www.supacolor.com.

Force Majeure

We are not liable by reason of any failure or delay in the performance of our Services, as a result of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, pandemic and/or governmental action. In the event that we are temporarily unable to ship your order because of such an event, we will give you the option of deferring shipment.

Relationship of the Parties

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck and the remaining provisions will be enforced.

Assignment

You may not assign or transfer your rights or obligations under these Terms. Any purported transfer or assignment in violation of the foregoing will be invalid. We reserve the right assign these Terms and our rights and obligations under them.

Headings

Headings are for reference purposes only and do not limit the scope or extent of any provision.

No Waiver

Our failure or delay to exercise or enforce any right or provision of these Terms or any rights under applicable law will not constitute a waiver of any of those provisions or rights.

Entire Agreement

These Terms constitute the entire agreement between you and Supacolor with respect to the subject matter of these Terms.

CONTACT INFORMATION

If you have any questions or comments about these Terms, please reach out to us by email at hello@supacolor.com.

You also may contact us at:

Supacolor
16918 Gramercy Place
Gardena, CA 90247
United States