SwagCentral - Swag Promotional Products

Terms & Conditions

These Terms of Use govern your access and use of the SwagCentral.com websites and mobile sites (collectively, the "Site") in addition to the provision and sale of products and services by SwagCentral, Optamarkgraphics LLC, and/or its affiliates and/or fulfillment providers, as the context may require ("SwagCentral." "we," "us," or "our"). By accessing or using this Site and its related software tools, applications or any other SwagCentral service, you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. If your use of this Site on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these Terms of Use on its behalf and to bind such business, organization, or entity to these Terms of Use.

You also agree that the SwagCentral Privacy Policy and the SwagCentral Terms of Use shall apply to your order. To the extent that any terms and conditions in the SwagCentral Privacy Policy or the SwagCentral Terms of Use are different from, inconsistent with or conflict with these Terms, these Terms shall control, except to the extent that the Privacy Policy or the Terms of Use expressly states that these Terms are to be overridden or modified.

Every offer of a SwagCentral product and/or service on our Site as well as every transaction, order, an agreement that is concluded through our Site is governed by our Terms. The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply, even if SwagCentral has not specifically rejected them.

IN NO CASE SHALL YOU PLACE AN ORDER IF: (A) YOU DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITES BY APPLICABLE LAW.

SwagCentral reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site. You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an email to the email address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.

Prices & Payment

All prices, discounts, and promotions stated by SwagCentral or an Authorized Party are subject to change, at any time and without notice. The price charged for Products will be SwagCentral?s prices prevailing for such Products at the time of shipment. Unless otherwise indicated in writing by SwagCentral,, prices are denominated in United States Dollars (USD).

Prices do not include: (a) any tax or other government charge or assessment upon the sale, shipment, production or use of Products ordered or sold hereunder. Customer shall be solely responsible for, and shall pay to SwagCentral upon demand by SwagCentral,, any such tax, charge or assessment (other than any such tax on or measured by SwagCentral?s income); or (b) any standard service charges of SwagCentral or an Authorized Party which may be applicable to sales of its Products to the Customer, all of which Customer shall pay.

All Orders must be paid in full, including shipping, prior to delivery by SwagCentral to the carrier, in USD cash. SwagCentral reserves the right to suspend delivery and performance until full payment is received. Customer shall not set off against or deduct from any amounts due to SwagCentral hereunder all or any part of any amounts owed or alleged to be owed by SwagCentral to Customer or any damages or losses which Customer may have sustained or allege to have sustained as a result of any breach or alleged breach by SwagCentral or any obligation of any kind to Customer (whether or not arising hereunder or in connection herewith).

Title and Risk of Loss

Title to all Products supplied hereunder shall pass to Customer when delivered to the carrier and thereafter, except as otherwise specifically provided herein, all risk of loss and/or damage to any Products ordered hereunder shall be borne by Customer.

Delivery

SwagCentral shall attempt in good faith to effect delivery approximately in accordance with the instructions set forth in Customer?s order or approximately on such other schedule as SwagCentral may provide to the Customer in any Order Acknowledgment or other response to an order, but SwagCentral shall not be responsible or liable for any delays or failure in such delivery. SwagCentral expressly reserves the right to effect delivery of Products ordered in any number of separate shipments. Subject to Customer?s instructions as to carrier, delivery shall be effected using such modes of transport and such carriers as SwagCentral shall deem appropriate. During any period of shortage of any product, SwagCentral shall have the right to allocate its supply of such product among its customers, including Customer, pursuant to their respective orders and contracts in any manner SwagCentral deems appropriate. SwagCentral shall in no event be responsible or liable for any delay or failure to effect delivery due to any cause which is unavoidable or beyond SwagCentral?s reasonable control and which prevents, impairs or adversely affects the quality of a SwagCentral order, including but not limited to war, fire, flood, natural disaster, strike, labor dispute, act of God, governmental action, civil disturbance, accident, or inability to obtain or use materials, labor, equipment, facilities or transportation; in such cases, SwagCentral shall have the right, at its option, without penalty or any liability for breach, to terminate all or any part of any order or to reschedule delivery within a reasonable time.

Any and all claims by Customer for damage or loss in transit shall be made by Customer against the carrier.

Copyrighted Materials for Limited Use

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as ?Content?). This Site and all Content are the copyrighted property of SwagCentral or the copyrighted property of parties from whom SwagCentral has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. SwagCentral reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by You or SwagCentral remain the intellectual property of SwagCentral and its licensors.

Any logo design tools provided on this Site may employ a limited number of elements, including icons, fonts, color schemes, and design effects. SwagCentral reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual logo design elements through your creation of a logo design and/or your incorporation of a logo design into one or more products. Other SwagCentral customers may use design tools to create logos that have similar or identical combinations of these elements and SwagCentral does not guarantee that your logo will not have similarities to logos designed and used by other parties. SwagCentral provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the logo design is legally available for your use and does not infringe the rights of another party.

Use of Site

You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through SwagCentral (referred to herein as ?Products?). No download, retention, use, publication, or distribution of ANY portion of the Content is authorized or permitted. Obtaining Products from SwagCentral does not entitle you to use any portion of Content apart from the finished Products as they are supplied by SwagCentral.

You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person?s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. SwagCentral reserves the right, in its sole discretion, to refuse to accept any content provided by you to SwagCentral or to process any order at any time and for any reason. SwagCentral also may terminate its service to and/or the accounts of customers found to be using SwagCentral to engage in undesirable activities or otherwise violating these Terms of Use. You agree that SwagCentral shall have no liability of any kind to you or to any third party arising from such refusal or termination.

You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize SwagCentral to produce the Products on your behalf. You grant SwagCentral the right to copy, modify, distribute, use, create derivative works of and vectorize any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you warrant that you have sufficient rights to permit SwagCentral to copy, distribute, use, modify, create derivative works of and vectorize any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you. You agree that you are responsible for protecting your password and controlling access to your registered account, if one exists. You agree that you will be responsible for all orders placed or other actions that are taken through a registered account.

Transfer of Title

The customer agrees that the risk of loss and title for any printed Product pass to you upon our delivery to our carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

Indemnification

You agree that you shall indemnify SwagCentral and all parties from whom SwagCentral has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard Site Content and that you uploaded or otherwise provided to SwagCentral or incorporated into Products. As to clause (ii), you agree that we have the right to control the defense of any such suit, claim or demand.

Disclaimer of Warranty

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE AND ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

SwagCentral Satisfaction Guarantee is good for 30 days following your purchase. If you request a refund, the time it takes for your refund to arrive may depend on your bank. In most cases, you should receive your refund within 30 days. Certain circumstances are beyond SwagCentral control and may not be covered by the Satisfaction Guarantee. Please note that we cannot be responsible for: Spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising during or after delivery to the customer.

Please preview your designs carefully and correct any mistakes prior to placing your order. SwagCentral does not proof documents created by its customers prior to processing.

Limitation of Liability

IN NO EVENT SHALL SWAGCENTRAL OR ITS LICENSORS, SUPPLIERS, OR VENDORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT SWAGCENTRAL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR PRODUCTS OR SERVICES SOLD THEREON, OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM SWAGCENTRAL OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL SWAGCENTRAL BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT OR OUR SUPPLIED PRODUCTS OR SERVICES.

Site Feedback

Any comments, suggestions, proposals or other feedback (collectively ?Feedback Information?) provided to SwagCentral in connection with the operation or content of this Site shall be provided by the submitter and received by SwagCentral on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of SwagCentral. By submitting any such information to SwagCentral, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that SwagCentral shall be free to use such information on an unrestricted basis.

Governing Law

The party you are contracting with and the seller of the products and services offered and sold on this Site is Optamarkgraphics LLC., a limited company organized under the laws of the New York State with its headquarters in New York, New York. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America.

These Terms and the transactions contemplated hereby shall be governed by, and construed and interpreted in accordance with, the laws of the State of New York, U.S.A., without regard to the choice-of-law principles thereof. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this agreement. Any action seeking legal or equitable relief arising out of or relating to these Terms will be brought only in the courts of the State of New York or the United States District Court for the District of New York.

Any waiver by SwagCentral of the performance or breach of any provision hereof shall be in writing and executed by an authorized officer of Optamarkgraphics LLC, and no such waiver shall constitute a waiver of the subsequent performance or breach of the same or any other provision. The invalidity or unenforceability, in whole or in part, of any provision hereof shall not affect in any way the validity and enforceability of the remainder of such or any other provision. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.