Teescape Fulfillment App Terms of Service

Teescape Fulfillment App Terms of Service

User Agreement

Teescape provides a service, called the Teescape Fulfillment App (or “Teescape App”, or just the “App”) that allows users to design and sell custom apparel via their own online stores created at Shopify.com.  By using our site and our service, and the Teescape App in any way, you accept the terms and conditions within this agreement and our Terms of Service, including any future amendments (collectively, the “Agreement”).

By violating this User Agreement of this Terms of Service in any way, you may be subject to immediate removal of the Teescape App from your Shopify store, cancellation of any pending orders, and/or suspension or termination of your account, at the sole discretion of Teescape.

The Teescape App is provided “as is”, with no warranty of any kind.  We have made every effort to provide a service that functions as expected; however, from time to time errors or internet connections may limit the performance of this service.  In no way shall Teescape be responsible for any loss of profits due to or arising from the use of the Teescape App.

By installing the Teescape Fulfillment App in your Shopify store:

  • You agree to accept and abide by these Terms of Service in their entirety.
  • You agree that you are the owner, or licensee, of all rights associated with any created or uploaded artwork or text, including but not limited to, the trademarks, service marks and copyrights that may be associated with said material. If you are not the owner, you agree to provide Teescape with evidence of the permission given to you by the owner, and to comply with any restrictions or conditions imposed by the owner.
  • You agree that the artwork sold on your store, and the description and title thereof do not, either in and of themselves or in combination, infringe upon the rights of any third party.
  • You understand and agree that Teescape may, in its sole discretion, release your contact information to a third party that satisfactorily alleges, in Teescape’s sole discretion, unauthorized use of its intellectual property.
  • Upon receipt by Teescape of any complaint or allegation of infringement, in Teescape’s sole discretion, the Teescape App may be subject to removal from your Shopify store, and suspension or termination of your account with Teescape.
  • You agree not to provide any inaccurate, misleading or untrue information in your store including, but not limited to: the amount of product for sale, the origin of production of the product, or the intended recipient of profits.
  • You agree to defend, indemnify and hold Teescape 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 the Teescape App or Teescape’s site and services, your violation of this agreement, or your violation of any rights of another.
  • You agree that Teescape is not responsible for any consequential, indirect or any special damages, including, but not limited to, lost profits, associated with any action taken by Teescape pursuant to this Agreement or your use of the Teescape service.
  • You agree to allow Teescape, at its sole discretion, to continue with fulfillment and distribution of orders from your store, even if your Teescape account is cancelled or suspended.

Automatic Payments for Orders

The Teescape App provides a method of storing your credit or debit card information securely with Authorize.net.  Your information is not accessible to the Teescape App or employees of Teescape.  By using the App and providing your information, you agree to allow this information to be stored in this way.

The Teescape App provides an “Auto Process Orders” feature through the “Teescape Store Settings” page.  When this feature is enabled (set to “On”), and you have provided a payment method in accordance with the paragraph above, you agree to allow Teescape to automatically charge your credit or debit card the total amount of any orders placed on your Shopify store and able to be fulfilled by Teescape, and to fulfill those orders at Teescape’s discretion.

Returns Policy

Items Damaged or Poor Quality

If an item is damaged or is shipped with a poor-quality print, you must send us a photograph of the poor-quality print or damaged area.  Teescape will replace any items damaged or poor-quality at no additional cost.  Teescape is not responsible for items damaged in shipping.

Wrong Product Shipped

If we ship the wrong product to your customer, send us a photo showing how the product differs from what was ordered and we will replace any such items at no additional cost.

Design Issues

If you have any other complaint regarding the design printed on a product, please send us a photo.  Credits, refunds, or reprints will be issued at the sole discretion of Teescape if the printed design differs substantially from the artwork that was submitted.  We will investigate every case and will work to provide a resolution that satisfies you and your customers.

Substitution Policy

Teescape makes every effort to fulfill orders with the exact product ordered.  In the event that product becomes unavailable, Teescape reserves the right to fulfill the order using similar products of equal or greater value than the product originally ordered.

Shipping Policies

Use of the Teescape Default Return Address
Teescape ships most packages in the US using the USPS Package Service.  The USPS requires each package have a valid US return address.

For this reason, and for the convenience of stores and sellers not located in the US, on the Settings page of the Teescape App under Ship Label Settings, you may click the “Use our Default Return Address” button to fill the fields with the Teescape return address.  After clicking this button, you may, if you wish, replace the “From Company/Name” field with your own company/business name.

If you do not provide any address information (or click the “Use Our Default Return Address Button”) on the Settings page of the Teescape App, our system will use our default generic company name of “Fulfillment Center” and our default return address when shipping your packages.

The “default address” we use may change from time to time, and Teescape reserves the right update return addresses on accounts using our address.

Sellers are explicitly NOT allowed to post our address on their website as their own, or use our address for any other purposes.

Address Corrections
Prior to shipping an order, Teescape will make every effort to update an order’s shipping address when notified by email prior to shipping of the order.

If you need to make an address correction to an order prior to shipping, please place the order on “Hold” using the “Bulk Actions” menu on the Orders page within the Teescape App, and then email us the updated address.  We will then update the order’s shipping address before it is shipped.

Placing an order on “Hold” in our App does not always guarantee that the order will not be shipped, but in many cases it may help.  In any case, Teescape will not be responsible for orders shipped prior to an address being updated or for address correction request emails if the email is not received and processed by Teescape prior to shipping the order.

Items Damaged in Shipping
Teescape will, at our own discretion, provide a replacement item at no additional charge to your customer or an account credit to you for any item damaged in shipping, under the terms of our “Returns Policy” (above) as it related to damaged items.  A photo of the damage is required to process a replacement or credit.

Undeliverable Addresses
Teescape is not responsible for incorrect shipping addresses provided by the seller or customer as specified in the data provided to Teescape.com through a Shopify or WooCommerce “webhook”.

Teescape does NOT provide free replacements for orders shipped to incorrect addresses if Teescape successfully shipped the order to the address provided.

Returned Packages
After an order has been shipped, if the package is returned to us by the delivery service, due to an “Undeliverable” or “Insufficient” address, or for any other reason, the following will apply:

Teescape will notify you by email (using your store’s email address as registered in the Teescape Settings page) that we have received a returned package.

If you can provide us with an updated shipping address, we will re-ship or forward the order using the new address.  You will be charged a re-shipping fee equal to the original shipping charge on the order order, or if forwarding to a different country, the appropriate shipping charge based on our shipping rate charts and the method (weight-based or flat-rate) selected for your store in the Settings page of our App.  For example:  if the shipping amount on an order was originally $3.50, then you will be charged an additional $3.50 to re-ship the order.

You must have a payment method stored in the Teescape App in order for us to process a payment for re-shipping an order.  If you do not have a stored a payment method in the Teescape App, we will not be able to re-ship or forward an order.

When requesting re-shipping or forwarding of an order/package, you MUST specify the payment method you wish to be charged for the re-shipping fee.  For credit or debit cards, please provide the last 4 digits of the card number.  For Paypal accounts, please specify the Paypal account email address.

By providing a new address for a returned package, you are requesting a re-shipment and authorizing Teescape to charge the payment method specified for the re-shipping fee.

We will make every attempt to re-ship returned packages within a reasonable time after you request a re-shipment.  Re-Shipping is not guaranteed to be immediate and there may be some delay in re-shipping for administrative or other reasons.

Under no circumstances are refunds or credits provided for orders returned to us for any reason and where you do not wish to have the package re-shipped.

International Shipping Policy
Teescape ships most International packages using Asendia.  There are a number of “Preferred Countries” (listed below) that provide full tracking and delivery confirmation.  All other countries are considered “Non-Preferred” countries because they provide little or no tracking and no delivery confirmation once the package leaves the United States.  Most Non-Preferred countries also do not return “undeliverable” packages, or even notify us when a package could not be delivered.

For international packages shipped to Preferred countries, that are returned to us, the policy above under “Returned Packages” will apply.

For packages shipped to all other Non-Preferred countries, we have learned through much experience and investigation that when a package is not delivered to a customer, it is almost always due to an undeliverable or incorrect address, the customer not claiming the package from customs when duties, tariffs, or taxes are due, or mishandling by the delivery service in the destination country.

Teescape is not responsible in any way for packages shipped to Non-Preferred countries.  Although international shipping is generally reliable, in those rare cases where a package is not delivered, you may submit a new order for the customer if you wish.  You may also request that we create a “re-order” in the Teescape App for you, with or without a different address, which will save you the time of creating a manual order in your Shopify admin, for which you will be charged like any other order when it is processed in for printing and fulfillment.

Under no circumstances will we provide refunds and/or credits for non-delivered orders shipped to Non-Preferred countries when the tracking indicates that the package successfully left the US.

Shipping to Non-Preferred countries is sometimes risky, and if you choose to sell to customers in those countries, you assume that risk.  Teescape takes no responsibility for packages shipped to Non-Preferred countries once the package leaves the United States.

Teescape’s prices for international shipping do not include any additional taxes or customs fees that might be demanded by customs in the recipient’s country.  Teescape is not responsible for any such fees or tariffs and those are the responsibility of the customer, or you, the seller, if you choose.

Lost-in-Transit Packages
For shipments to Preferred countries, if, based on the carrier-provided tracking information, we believe an order was lost in transit, and not delivered to the destination and not returned to the return address, we will at our own discretion either re-print and re-ship the order at no additional charge or provide a credit for the full amount of the order.

If a package shipped to a Non-Preferred country, based on the carrier’s tracking, fails to leave the United States in a reasonable time, we may, at our sole discretion, reprint the garments and re-ship the order. Shipments to Non-Preferred countries are considered final and completed once the tracking indicates the package has left the United States.

Delivered, but Not Received Packages
For orders to the US or other Preferred countries, when the carrier-provided tracking shows a package delivered, but your customer claims to have not received the order, this is a customer service issue between you and your customer.

Teescape is not responsible for packages with delivery confirmation based on carrier-provided tracking, where the customer claims to have not received the package.

If you wish to provide the customer with a new shipment of the same order again, you can email us and request that we create a “reorder” for you in the App, saving you the time of creating a new manual order in your store.

 “Preferred” Country List
As referred to in the above shipping policies, the “Preferred” countries include:

Australia, Austria, Belgium, Brazil, Canada, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Hong Kong, Hungary, Indonesia, Ireland, Israel, Italy, Japan, Latvia, Lithuania, Luxembourg, Malaysia, Malta, Netherlands, New Zealand, Poland, Portugal, Russia, Saudi Arabia, Singapore, South Korea, Spain, Sweden, Switzerland, Thailand, United Arab Emirates, the United Kingdom, and the United States.

All other countries are considered “Non-Preferred” countries for the sake of these shipping policies.

Order Cancellation

You may request cancellation of any order placed through your Shopfiy store.  Orders cancelled prior to being “processed” by the Teescape App will not be charged to your provided payment method.

Cancellation requests placed once or after an order reaches the “Processing” state, may be subject to restocking fees for un-printed items.  Items already printed will not be refunded or credited; however, if not yet shipped, the shipping charges may be credited.

Orders cannot be cancelled, and cannot be credited in any way, once the order is shipped to your customer.

Credits will be applied to your Teescape account and used to pay for future fulfillment orders.  If you wish to have any credit refunded directly to your credit card, please contact Teescape support with this request.

Intellectual Property Policy

Teescape prohibits customers from using the site to display or sell items that infringe on the intellectual property, copyrights, trademarks, or service marks of a third party.  Teescape abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by Teescape (such as http://teescape.com) that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.

Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with Teescape’s rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.

NOTICE TO COPYRIGHT OWNERS:
If you believe material posted on or linked to or from this site is infringing, please provide a written, signed notice of infringement (a “DMCA Notice”) to the designated agent at the Teescape, by fax or mail, at the address provided on our contact page. Such DMCA Notice should be in the form set forth below, which is consistent with the form suggested by the United States Digital Millennium Copyright Act (the “DMCA”).

Pursuant to federal law you may be held liable for damages and attorneys’ fees if you make any material misrepresentations in a Notification. Thus, if you are not sure whether content located on or accessible via a link from the Website infringes your copyright, you should contact an attorney.

All Notifications should include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • The URL to the Teescape campaign(s) containing the allegedly infringing material.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notifications should be sent to the address shown on our contact page.

Please note: The DMCA provides that you may be liable for damages (including costs and attorneys’ fees) if you make a false or bad faith allegation of copyright infringement by using this process. If you are not sure what your rights are, or whether a copyright has been infringed, you should check with a legal advisor first.

Privacy Policy

Our privacy policy is very simple: We will never give, sell, or otherwise provide any information about you to any third party. Your email address and other information is safe with us and never made available to anyone else for any reason, except in cases of alleged copyright infringement, where your contact information may be provided to the alleging party.

All information about you, private or otherwise, we obtain through your registration or when you place an order on this site is secured on our servers and never released to any third party.

Really private information, like your credit card number or other payment information, is NEVER stored in any way on our servers.

Your privacy (and security) is our priority. Plain and simple.

Thank you for trusting Teescape.com with your information.

Terms of Service

This web page represents a legal document that serves as our Terms of Service and it governs the Terms of Service of our website, http://teescape.com, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by Teescape.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively “Terms of Service”, constitute the entire and only agreement between you and Teescape, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Terms of Service at any time without specific notice to you. The latest copies of our Terms of Service will be posted on our Website, and you should review all Terms of Service prior to using our Website. After any revisions to our Terms of Service are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Terms of Service to make sure you still agree to them.

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.

The last update to our Terms of Service was posted on 25 February 2015.

Definitions
The terms “us” or “we” or “our” refers to Teescape, the owner of the Website.

A “Visitor” is someone who merely browses our Website, but has not registered as Member.

A “Member” is an individual that has registered with us to use our Service.

Our “Service” represents the collective functionality and features as offered through our Website to our Members.

A “User” is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content”.

Restricted Uses
Listing of offered products on the Website could be used only for lawful purposes by Users of the Website. You could not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, or type) of Teescape without express composed consent. You might not use any meta tags or any various other “unseen text” utilizing Teescape’s name or trademarks without the express written consent of Teescape. You agree not to offer or modify any content found on the Website consisting of, however not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the Material, in any way for any public function, in connection with services or products that are not those of Teescape, in other way that is likely to trigger confusion among consumers, that disparages or challenges Teescape or its licensors, that dilutes the strength of Teescape’s or its licensor’s residential property, or that otherwise infringes Teescape’s or its licensor’s copyright rights. You also agree to abstain from abusing any of the material that appears on the Site. The use of the Material on any other website or in a networked computer system environment for any purpose is prohibited. Any code that Teescape develops to generate or show any Material of the pages making up the Site is likewise secured by Teescape’s copyright, and you may not copy or adjust such code.

If alerted by a User of any products which allegedly do not conform to these Terms, Teescape could in its single discernment explore the allegation and figure out whether to take other actions or ask for the removal or get rid of the Content. Teescape has no liability or duty to Individuals for efficiency or nonperformance of such activities.

Electronic Communication
You are connecting with us electronically when you go to the Site or send out emails to us. You consent to get interactions from us online. We will connect with you by email or by uploading notifications on the Site. You concur that all contracts notifications, disclosure, and various other communicates that we provide to you digitally please any legal requirements that such communications be in writing.

Your Account
If you utilize the Website, you are accountable for maintaining the confidentiality of your account and password and you accept responsibility for all activities that happen under your account and password. You also accept not to reveal any personally identifiable information, consisting of, however not limited to, first and last names, credentials, or various other details of a personal nature (“Personal Data”) from the Site. Your disclosure of any Personal Data on the website might result in the immediate termination of your account. Teescape additionally reserves the right to refuse service, terminate accounts, and remove or edit Content at it’s sole discernment.

Teescape does not guarantee the truthfulness or represent, precision, or dependability of Content on the site, consisting of Personal Data. Each Individual is accountable for upgrading and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details.

Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Teescape reserves the right to investigate complaints or reported violations of our Terms of Service and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.

Revisions and Errata
The materials appearing on Teescape’s web site could include technical, typographical, or photographic errors. Teescape does not warrant that any of the materials on its web site are accurate, complete, or current. Teescape may make changes to the materials contained on its web site at any time without notice. Teescape does not, however, make any commitment to update the materials.

Disclaimer
The materials on Teescape’s web site are provided “as is” Teescape makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Teescape does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. The Site serves as a venue for Individuals to purchase distinct service or products. Neither Teescape nor the Site has control over the quality or fitness for a particular function of a product. Teescape likewise has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted details and makes no representations or warranties about any info on the Site.

THE WEBSITE AND ALL DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) AND SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY Teescape ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Teescape MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS SITE OR THE INFO, MATERIAL, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE POINTED OUT IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.

TO THE COMPLETE EXTENT PERMISSIBLE BY APPLICABLE LAW, Teescape DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND PHYSICAL FITNESS FOR A PARTICULAR PURPOSE. Teescape DOES NOT WARRANT THAT THIS WEBSITE; DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM Teescape ARE WITHOUT VIRUSES OR OTHER HARMFUL ELEMENTS. Teescape WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE POINTED OUT IN WRITING. UNDER NO SCENARIO SHALL Teescape’S LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE WEBSITE, DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT, TORT, BREACH OF SERVICE WARRANTY OR OTHERWISE), GO BEYOND $100.

Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Teescape has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

Site Terms of Service Modifications
Teescape may revise these Terms of Service for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law
Any claim relating to Teescape’s web site shall be governed by the laws of The State of Iowa without regard to its conflict of law provisions, and You consent to exclusive jurisdiction and venue in such courts.

Indemnity
You accept defend, indemnify, and hold safe Teescape, its affiliates, and their corresponding officers, directors, agents and workers, from and against any claims, actions or demands, including without limitation affordable legal, accounting, and other provider charges, affirming or resulting from (i) any Content of most material You offer to the Site, (ii) Your use of any Content, or (iii) Your breach of the terms of these Terms. Teescape will provide notice to You promptly of any such claim, match, or case.

General Terms
Our Terms of Service shall be treated as though it were executed and performed in The State of Iowa, United States and shall be governed by and construed in accordance with the laws of The State of Iowa, United States without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Terms of Service be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Terms of Service, our Terms of Service shall take precedence. Our failure to enforce any provision of our Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Teescape under our Terms of Service shall survive the termination of our Terms of Service.