Effective Date: December 28, 2023

Welcome to UPressTransfers.com (“Website”).  U Press Transfers is an online shop for direct-to-film (DTF) transfer sheets, blank apparels, do-it-yourself supplies, and other associated products (each a “Product”).

Southern Hydrographics LLC (“we,” “us,” or “our”) owns and operates the Website.

The Terms of Use (“Terms”) govern the access or use of the Website by any person for any reason (“you” or “your”). PLEASE READ THE TERMS OF SERVICE CAREFULLY because it affects your rights and liabilities under the law. By using or accessing the Website, you confirm that you have read and agreed to be bound by these Terms. If you do not agree with these Terms, you may not use or access the Website.

1.      YOUR ACCOUNT

1.1.            To use and access some parts of the Website, you may be required to create an Account (“Account”).

1.2.            If you create an Account, you are required to provide information about yourself. You agree to provide and keep updated, accurate and complete account information.

1.3.            If you are creating an Account for or on behalf of another person or entity, such as your company, employer, client, you represent and warrant that you are authorized to accept these Terms on that person’s or entity’s behalf, that by using the Website, you are accepting these Terms on behalf of that person or entity, and that if you, or that person or entity, violates these Terms, you and that person or entity agree to be responsible for the violation.

1.4.            You are responsible for the security of your passwords and for any use of your Account. You are solely responsible for any and all activities that occur on your Account, regardless of whether you allowed them or not. If you become aware of any unauthorized use of your Account, you agree to notify us immediately.

1.5.            You may neither share nor re-sell your Account to any third parties. If there is a dispute about the identity of the owner of an Account, we reserve the right to investigate and determine ownership of the Account based on our sole discretion and in accordance with applicable laws.

2.      PRODUCT PRICES

2.1.            Product Description. All products are sold as is. We have made every effort to display as accurately as possible the colors and images of the Products that appear on the Website. The actual color of the product MAY VARY SLIGHTLY from what you see in the photos on the product description due to glaring or brightness of the fabric, camera flash, or settings of your device or computer monitor. We cannot guarantee that your computer monitor's display of any color will be accurate. You agree to carefully review the product description and accompanying photos before buying a Product. By purchasing the product, you acknowledge and agree to this disclaimer. 

2.2.            Prices. By purchasing a Product, you agree to pay for the price of the Product posted at the time of your purchase (“Price”).

2.3.            Shipping. You agree to provide your accurate, complete and updated shipping address. We will ship the Product that you purchased in accordance with the shipping option that you choose upon purchase. We will not be liable or responsible for any delay, misdelivery or failure of delivery due to any incorrect shipping information or options submitted on the Website. For information about refunds, returns, and exchanges, please see our Refund Policy.

2.4.            Changes and Cancellations. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

2.5.            Taxes. You are responsible for any duties, customs fees, taxes, related penalties, fines, audits, interest, and back-payments relating to your purchase of a Product, including but not limited to national, state, or local sales taxes, use taxes, value-added taxes (VAT) and goods and services taxes (GST) (collectively, “Taxes”).

2.6.            Currency. Prices are stated in U.S. Dollars and do not include any Taxes, except as otherwise indicated at checkout.

2.7.            Restrictions. The Products available on the Website may have limited quantities. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same Account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right, but are not obligated, to limit the sales of any Product to any person, geographic region, or jurisdiction. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We may exercise these rights on a case-to-case basis.

2.8.            Disclaimer. All descriptions and Prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer of any Product is void where prohibited. We do not warrant that the quality of any Products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Product will be corrected.

3.      PAYMENT METHOD

3.1.            To pay for the Price, you need to use a specific payment method and provide your credit card details such as number, name, billing address, and other payment information (“Payment Method”). You represent and warrant that you have the right or authority to use your Payment Method. You agree to provide your current, complete, and accurate Payment Method. You must promptly notify your bank or financial institution if your payment method is canceled (e.g., for loss or theft) or otherwise inoperable.

3.2.            If your Payment Method is subject to other terms and conditions, as set forth in order forms, invoices or otherwise, then those other terms and conditions shall apply in addition to these Terms.

3.3.            You agree to timely pay for all required Prices for your purchase on the Website. We reserve the right to deactivate, terminate, prevent access to, and/or delete any Accounts, at any time at our sole discretion, including for nonpayment, late payment, or failure to charge your Payment Methods upon invoicing.

3.4.            If you choose to pay in recurring or installment, you also agree to be bound by any other specific terms and conditions governing such recurring/installment payment scheme. In the event of conflict, such specific terms and conditions will prevail over the provisions of this clause, but only to the extent necessary to give full effect to those terms and conditions.

4.      PAYMENT PROCESSORS

4.1.            We use ShopPay, PayPal, Google Pay, and other third-party payment processors to bill you and collect the payment for the Price (“Payment Processor”). By entering into these Terms and using the Website, you agree to pay us through the Payment Processors, and you hereby authorize us and the Payment Processors to charge all Price (including all applicable taxes) to your Payment Method.

4.2.            The processing of payments may be subject to the terms, conditions, and policies of the Payment Processors in addition to these Terms. We are not responsible for the acts or omissions of the Payment Processors. For more information, please read the terms and conditions of the Payment Processors here: https://shop.app/legal-and-policies, https://www.paypal.com/ph/legalhub/home, and https://policies.google.com/terms.

5.      YOUR CONTENT

5.1.            “Your Content” means any and all content, including texts, images, colors, designs in your gang sheets, images, customized DTFs, and other types of work that you upload on the Website or submit to us for the purpose of purchasing any Product.

5.2.            Your Content. You are solely and fully responsible for Your Content. Without limiting the foregoing, you are solely and fully responsible for the accuracy, quality, safety, or legality of Your Content. You shall be solely responsible for Your Content and the consequences of using them.  We have no obligation to monitor, validate, correct, or update Your Content in any way.

5.3.            Intellectual Property Rights. By submitting Your Content, you automatically warrant and represent to us that you are the owner of or have all sufficient rights to use all intellectual property rights in and to Your Content. By submitting Your Content, you further warrant and represent that Your Content does not infringe third-party rights of intellectual property, privacy, publicity, or any other third-party right or proprietary interest.

5.4.            Prohibited Content. You represent, warrant, and agree that Your Content shall not (i) infringe, misappropriate, or violate any patent, copyright, trademark, trade secret, confidentiality, moral, or privacy right, or any other proprietary or intellectual property right; (ii) promote terrorism, violence, discrimination, bigotry, racism, hatred, harassment, prostitution, human trafficking, or harm against any individual or group; and (vi) not violate these Terms or any applicable law, regulation, rule, or third-party rights; (altogether “Prohibited Content”).

5.5.            Disclaimer. We do not prescreen, we do not have control over, and do not guarantee the quality, safety, authenticity, or legality of any of Your Content. We do not have the obligation to review any User Content. Your Content does not represent our views or any individual associated with us, and we do not control Your Content. In no event shall you represent or suggest, directly or indirectly, our endorsement of Your Content. We do not vouch for the accuracy or credibility of any Your Content and do not take any responsibility or assume any liability for any actions you may take as a result of Your Content.

5.6.            Limitation of Liability. We will not be responsible for any losses, damages or other liabilities, whether direct or consequential, including but not limited to legal costs, that you may suffer arising from or in connection with any of Your Content, including without limitation, any third-party intellectual property claims.

5.7.            Right to Takedown Content. You shall remain solely responsible for Your Content, and we shall have no obligation to prescreen any such content. Nevertheless, we shall have the right in our sole discretion to edit, refuse to post, refuse to use, or remove any material submitted to us or uploaded on the Website at any time without notice. Without limiting the foregoing, we shall have the right to remove or refuse to use any matter that we find to be in violation of these terms or otherwise objectionable.

5.8.            No Backups. We will not retain any preservations or backups of Your Content. You are solely responsible for the integrity, preservation, and backup of Your Content, regardless of whether your use of Website includes our backup feature or functionality, and to the fullest extent permitted by law, we shall have no liability for any data loss, unavailability, or other consequences related to the foregoing.

6.      OUR CONTENT

6.1.            “Our Content” means content necessary to provide the Website, including but not limited to, software, servers, artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the look, feel, and arrangement of the Website, methods, products, algorithms, data, logs, interactive features and objects, advertising, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered, and any derivations thereof.

6.2.            Ownership. All legal rights, titles, and interests in and to the Our Content are owned by us or licensed to us by our licensors, vendors, agents, or service providers, unless otherwise expressly agreed. Our Content are protected by trademark, copyright, moral rights, patent, and other laws relating to intellectual property rights. We and/or our licensors retain ownership rights, intellectual property rights, and all related rights over all Our Content.

6.3.            Your Limited License. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, fully revocable license to access and use the Website and the Our Content therein for the sole purpose of accessing and using the Website. No other licenses or rights are granted to you by implication or otherwise. Your use of the Website does not grant you or any transfer to you any right over the Website and the Our Content therein.

6.4.            You will not remove any copyright, trademark, patent, or other proprietary notices from the Website or any of Our Content therein. Except when expressly permitted by these Terms or otherwise authorized by us in writing, or except as permitted by copyright law, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, lease, create derivative works from, transfer or sell any information or work contained on the Website and Our Content therein.

6.5.            Upon termination of these Terms or the Website, you shall no longer have any right or license to the Website and the Our Content therein, and you must immediately cease use and destroy all copies of such in your possession.

7.      THIRD-PARTY LINKS

7.1.            The Website may include links to third-party websites, services, or other resources on the internet, and third-party websites, services or other resources may include links to the Website as well. When you access third-party resources on the Internet, you do so at your own risk. These third-party resources are not under our control, and, to the fullest extent permitted by law, we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such resources. The inclusion of any such link does not imply our endorsement or any association between us and any third-party. To the fullest extent permitted by law, we shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party resource.

8.      DISCLAIMER

8.1.            The Website, including without limitation any content delivered as a part thereof, are provided “as is” and on an “as available” basis. We disclaim all warranties of any kind, whether express or implied, relating to the Website and all content delivered in connection thereto, including but not limited to: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; (b) any warranty arising out of course of dealing, usage, or trade; or (c) any warranty or guaranty relating to availability, accuracy, error rate, system integrity, or uninterrupted access. We do not warrant that: (i) the Website will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the Website is free of viruses or other harmful components; or (iv) the results of using the Website will meet your requirements. Your use of the Website is solely at your own risk.

9.      LIMITATION OF LIABILITY

9.1.            WE ARE NOT RESPONSIBLE FOR YOUR CONTENT, THIRD-PARTY CONTENT, AND CONTENT OF OTHER USERS OR OTHER THIRD PARTIES THAT YOU ACCESS THROUGH YOUR USE OF THE WEBSITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE US FROM ALL LIABILITY RELATING TO SUCH CONTENT. YOU ACKNOWLEDGE AND AGREE THAT WE MAKE NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, AND THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, QUALITY, LEGALITY, OR OTHER ATTRIBUTES OF SUCH CONTENT.

9.2.            TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL WE OR ANY OTHER CONTRIBUTOR OR SUPPLIER OF THE WEBSITE, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, INTERRUPTION OF THE WEBSITE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER UNDERSTAND AND AGREE THAT WHILE EVERY REASONABLE PRECAUTION SHALL BE UNDERTAKEN BY US, WE ARE NOT AND WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

9.2.1.            ANY CHANGES TO THE WEBSITE MADE BY US, OR ANY TEMPORARY OR PERMANENT CESSATION IN THE PROVISION OF THE WEBSITE (OR ANY FEATURES WITHIN THE WEBSITE);

9.2.2.            THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE WEBSITE;

9.2.3.            INTERRUPTION OF THE WEBSITE, MALWARE (INCLUDING VIRUSES AND/OR TROJANS) AND/OR OTHER ERRORS OVER WHICH WE HAVE NO CONTROL;

9.2.4.            ANY THIRD-PARTY WEBSITE AND/OR CONTENT OF ANY KIND.

9.3.            WITHOUT PREJUDICE TO THE FOREGOING, SHOULD A COURT OF LAW OR OTHER ADJUDICATING BODY STILL FIND AGAINST US REGARDING ANY MATTER RELATING TO THE WEBSITE, OUR MAXIMUM LIABILITY AGAINST THE CLAIMANT SHALL NOT EXCEED THE TOTAL AMOUNT IN FEES WHICH THE CLAIMANT WAS PAYING/SHALL PAY FOR ONE MONTH OF THE WEBSITE IN QUESTION. THE LIMITATIONS IN THIS SECTION 9 APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10.  INDEMNIFICATION

10.1.         To the fullest extent permitted by law, you are responsible for your use of the Website, and you shall defend, indemnify, and hold harmless us and our employees, officers, directors, affiliates, parent companies, agents, contractors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and costs, that arise from or relate to Your Content, your access to or use of the Website, including your breach of these Terms or applicable law, willful misconduct, negligence, illegal activity, breach of security or data, unauthorized access to or use of your Account, or infringement of a third-party’s right, including any intellectual property, confidentiality, property or privacy right. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, without limiting your indemnification obligations with respect to that matter, in which event you will make best efforts to assist and cooperate with us in defending the matter at your expense.

11.  MODIFICATION AND DISCONTINUATION OF THE WEBSITE

11.1.         We reserve the right to modify or discontinue the features, functionality, and other attributes of the Website at any time in our sole discretion. You acknowledge and agree that we will not be liable to you in connection with the modification or discontinuation of the Website.

11.2.         We reserve the right to deactivate, terminate, prevent access to, disable services for, and/or delete any Account or access to the Website at any time at our sole discretion. We may, in our sole discretion, refuse to provide or continue providing the Website to any person or entity and change eligibility criteria at any time, including if they fail to comply with these Terms.

11.3.         We retain the right (but not the obligation) to block any content or activity that we determine (in our sole discretion) to be illegal, harmful, or in violation of these Terms.

12.  FEEDBACK

12.1.         We welcome questions, comments, suggestions, and ideas about us and the Website (“Feedback”). If you provide a Feedback, you agree that it is non-confidential and shall become our sole property. We shall own exclusive rights to, including all intellectual property rights, and shall be entitled to the unrestricted use of Feedback, along with any changes, modifications, or upgrades we make to the Website based on the Feedback. You agree that we are not obligated to provide acknowledgment or compensation to you in exchange for Feedback.

13.  PERSONAL DATA PROTECTION AND PRIVACY

13.1.         We process personal information that you provide to us in accordance with our Privacy Policy.

14.  TERMINATION

14.1.         Termination for Convenience. We may terminate the use of your Account and/or the Website at any time for any or no reason. You may terminate your use of the Website at any time.

14.2.         Effects of Termination. If we terminated or suspended your Account, you are not permitted to register for another Account or access the Website without our prior written permission. Upon termination, any and all rights granted to you by these Terms will immediately be terminated, and you must also promptly discontinue all use of the Website.

14.3.         Survival. All provisions of these Terms which by their nature should reasonably be expected to survive termination shall survive termination.

15.  AGE RESTRICTIONS

15.1.         By using the Website, you represent and warrant to us that: (a) you are 18 years of age or older; or (b) you otherwise legally capacitated to enter into contracts under the laws that apply to you. If you are a minor or otherwise legally incapacitated to enter into contracts, you are required to read these Terms with your parent or guardian. Your parent or guardian shall be bound by these Terms and responsible for all of your access and use of the Account or Website, including purchases.

16.  CHANGES TO THE TERMS OF USE

16.1.         If we update these Terms or any of its incorporated documents, we may provide notice of such updates, such as by sending an email notification to the email address listed in your Account and/or updating the “Effective Date” date at the beginning of these Terms. Updates will be effective on the date specified in the notice. By continuing to access or use the Website after the date specified in the notice or updated Terms, you are agreeing to accept and be bound by the updated Terms and all of the terms incorporated therein. If you do not agree to the updated Terms, then you may not continue to use the Website and your sole and exclusive remedy is to deactivate your Account and otherwise discontinue use of the Website.

17.  FORCE MAJEURE

17.1.         If either you or us shall be prevented from performing any portion of these Terms (except the payment of money) by causes beyond its control, including labor disputes, civil commotion, war, governmental regulations or controls, casualty, inability to obtain materials or Website or acts of God, such party shall be excused from performance for the period of the delay and the time for such party’s performance shall be extended for a period of time equal to the duration of such delay.

18.  GENERAL

18.1.        Entire Agreement. These Terms, including all documents expressly incorporated by reference herein, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.

18.2.        Headings. Use of section headers in these Terms are for convenience only and will not have any impact on the interpretation of any provision.

18.3.        Interpretation. Any use of the singular shall be reasonably construed as if it also includes the plural, and vice versa. If not already specified, any use of “including” or “such as” shall be construed to mean “including but not limited to.”

18.4.        Separability. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

18.5.         No Waiver. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself.

18.6.         Assignment. You may not assign, transfer, or delegate these Terms of Use or any of your rights and obligations under these Terms of Use, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign, transfer, or delegate these Terms of Use or our rights and obligations under these Terms of Use without notice or consent. Subject to this section, these Terms of Use will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns, and any assignment or transfer in violation of this section will be void.

19.  JURISDICTION AND CHOICE OF LAW

19.1.         These Terms and any claim relating to, and the use of, the Website and the materials contained herein is governed by the laws of the State of Georgia, USA. You consent to the jurisdiction of the state and federal courts located in Georgia, USA.

20.  CONTACT INFORMATION

20.1.         The Website is owned and operated by Southern Hydrographics LLC, with business address at 412 Wills Way, Greenville GA 30222, United States. You may contact us by sending correspondence to the foregoing address or by emailing us at sales@upresstransfers.com.

20.2.         If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.