Terms & Conditions
Welcome to Brooklyntshirtfactory.com. The following rules and regulations apply to all visitors to or users of The Brooklyn T-Shirt Factory Website, www.brooklyntshirtfactory.com, hereinafter referred to the “Website”. By using this Website, you agree to be bound by these terms and conditions, which may be modified by The Brooklyn T-Shirt Factory at any time and posted on this Website. In the event of a violation of these terms and conditions, The Brooklyn T-Shirt Factory reserves the right to seek all remedies available by law and in equity.
By accepting these terms and conditions through your use of the Website, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use this Website only under the supervision of a parent or legal guardian who agrees to be bound by these terms and conditions.
All billing and registration information provided by you on this Website must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these terms and conditions. By confirming your purchase at the end of the checkout process, you agree to pay for the item(s) requested.
Trademarks and Copyrights
The Brooklyn T-Shirt Factory and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names trade dress, and all associated logos or images, are registered and/or common law trademarks of The Brooklyn T-Shirt Factory.
The Brooklyn T-Shirt Factory Website and all of its materials, including, but not limited to, its software, source code, HTML code, scripts, web apps, text, artwork, photographs, images, animations, design, video, and audio (collectively, "Materials") are protected by U.S. copyright laws and other U.S. and international laws and treaties. All Materials are provided by The Brooklyn T-Shirt Factory as a service to its current and prospective customers and may be used only for personal informational and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you. This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify,create derivative works from, sell, license or otherwise exploit this Website or any of its Materials without our prior written permission; (b) you may not access or use the The Brooklyn T-Shirt Factory Website for any competitive or commercial purpose; and (c) you will not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. The Brooklyn T-Shirt Factory may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by H&M.
Your misuse of the trademarks and copyrighted materials displayed on the The Brooklyn T-Shirt Factory Website is strictly prohibited. You are advised that The Brooklyn T-Shirt Factory will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
The Brooklyn T-Shirt Factory has a no-tolerance policy regarding third-party use of our trademarks or names in metatags hidden The Brooklyn T-Shirt Factory or ad keywords. More specifically, the unauthorized use of our trademarks or names in metatags, keywords, page text, hidden text, and/or ad keywords in conjunction with search engines constitutes trademark infringement and unfair competition. Linking to any The Brooklyn T-Shirt Factory web page is prohibited absent express written permission from The Brooklyn T-Shirt Factory. Framing, inline linking or other association of the The Brooklyn T-Shirt Factory Website or its Materials with links, advertisements and/or other information not originating from the The Brooklyn T-Shirt Factory Website is expressly prohibited.
Products, Content and Specifications
All features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the purchase, possession, use and sale of any item purchased from the Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
This Website, its content, product information, and any products sold through the site are intended to comply with U.S laws and regulations. If you are a non-U.S based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the U.S.
The Brooklyn T-Shirt Factory reserves the right, but is not obligated, to limit the sales of its products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. No adjustments on prior purchases. All descriptions of products or product pricing are subject to change at any time without notice at the sole discretion of The Brooklyn T-Shirt Factory. The Brooklyn T-Shirt Factory reserves the right to discontinue any product at any time. Any offer for any product or service made on The Brooklyn T-Shirt Factory on this Website is void where prohibited.
Most The Brooklyn T-Shirt Factory products displayed at this Website are available in select The Brooklyn T-Shirt Factory stores while supplies last. In some cases, merchandise displayed for sale at this Website may not be available in The Brooklyn T-Shirt Factory stores. The prices displayed at this Website are quoted in U.S. Dollars and are valid and effective only in the United States.
You understand that by using this Website or any services provided on this Website, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that The Brooklyn T-Shirt Factory and its affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable.
Accuracy of Information
We do our best to ensure that information on the Websites is complete, accurate and current. Despite our efforts, information on the Websites may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on the Websites. For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, we may modify price and availability of products without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. In addition, The Brooklyn T-Shirt Factory does not accept orders from any resellers, dealers, exporters, or distributors who may resell the products offered by The Brooklyn T-Shirt Factory.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Website. All purchases from the Website are made pursuant to a shipment conditions by accepting these terms and conditions through your use of the Website. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
The Brooklyn T-Shirt Factory also makes its Website available in a simplified format that is more accessible for mobile connectivity - our "Mobile Site". All mobile phones that have Internet access can make use of the mobile format. Users with mobile phones that have this access also have the option to view the full html site that is available on your PC. You should be aware that some of the special pricing and promotions offered on the full html site may not show up on the Mobile Site. However, you can use the Mobile Site to take advantage of our special pricing and promotions that you view on the full html site or that you receive in an email offering from us, by using the code specified on the full html website or in the email when you are on the Mobile Site.
Periodically, links may be established from this Website to one or more external Websites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the The Brooklyn T-Shirt Factory Website. None of such links should be deemed to imply that The Brooklyn T-Shirt Factory endorses the Third Party Sites or any content therein.
The Brooklyn T-Shirt Factory does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and The Brooklyn T-Shirt Factory will have no liability arising out of or related to such Websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Sites.
Disclaimer of Warranty:
YOUR USE OF THE WEBSITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. H&M NOR ANY OF THEIR RESPECTIVE AFFILIATES OR SUBSIDIARIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND H&M, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR SUBSIDIARIES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, H&M HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
Limitation of Liability
IN NO EVENT WILL H&M BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS WEBSITE OR ANY OTHER HYPERLINKED WEBSITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF H&M IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT THEREIN, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEBSITE.
YOU AGREE TO INDEMNIFY AND HOLD The Brooklyn T-Shirt Factory, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSE, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE OR BREACH OF THE TERMS AND CONDITIONS.
The Brooklyn T-Shirt Factory controls this Website from its offices within the State of New York and Delaware. The Brooklyn T-Shirt Factory does not imply that the materials published on this Website are appropriate for use outside of the United States. If you access this Website from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. The terms of this Website shall be governed by the laws of the state of New York and Delaware, without giving effect to its conflict of laws provisions.
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and H&M agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on this Websites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party by registered mail describing the facts and circumstances (including any relevant documentation) of the Dispute, and allowing the receiving party 30 days from the date of mailing to respond to the Dispute. Notice shall be sent to:
BKTL LLC DBA The Brooklyn T-Shirt Factory
630 East 83rd street
Brooklyn, NY 11236
Unless you indicate otherwise in your notice, The Brooklyn T-Shirt Factory shall respond to your notice using your last-used billing address or the billing and/or shipping address in your online profile.
In the event that The Brooklyn T-Shirt Factory is unable to resolve the dispute with you through the Customer Service department referenced above, you and The Brooklyn T-Shirt Factory both agree the parties shall resolve their dispute utilizing binding arbitration, which shall be adjudicated by the American Arbitration Association in New York.
The Brooklyn T-Shirt Factory shall be free, but not obligated, to use any ideas, concepts, know-how, text, photographs, images or techniques ("User Submissions") contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes or developing, manufacturing and marketing products using such information, all without any payment to or further authorization by you. You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, The Brooklyn T-Shirt Factory does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on hm.com if we choose to publish them once submitted. The Brooklyn T-Shirt Factory reserves the right to determine in its sole discretion whether User Submissions are appropriate and comply with these Website Terms, Conditions and Notices, including without limitation, the Prohibited Uses of Website and Services and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any User Submissions.
The Brooklyn T-Shirt Factory does not regularly review posted comments, but does reserve the right (but not the obligation) to monitor and edit or remove any comments submitted to the Website. You grant The Brooklyn T-Shirt Factory the right to use the name that you submit in connection with any comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any comments you submit. You are and shall remain solely responsible for the content of any comments you make and you agree to indemnify The Brooklyn T-Shirt Factory and its affiliates for all claims resulting from any Comments you submit. The Brooklyn T-Shirt Factory and its affiliates take no responsibility and assume no liability for any comments submitted by you or any third party.
If you do post content or submit material, and unless we indicate otherwise, you grant The Brooklyn T-Shirt Factory a nonexclusive, royalty-free, perpetual, irrevocable, and full licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
No Endorsement or Liability for User-Generated or Third-Party Content
Although third-party or user-generated submissions may be posted on this Website, the posting of those submissions does not constitute The Brooklyn T-Shirt Factory's endorsement of those submissions. The Brooklyn T-Shirt Factory is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated Submissions.
Prohibited Uses of Website and Services
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, infringing of any intellectual property rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) impersonate any person, business or entity, including our company and our employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of The Brooklyn T-Shirt Factory, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or our related services and products.
In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, or with access to the Website, including, without limitation, via means of submitting a virus to the Website, overloading, flooding, spamming, mail-bombing, crashing, or usurping the Website’s resources or bandwidth; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of The Brooklyn T-Shirt Factory’s system or network security using any of the means above may result in civil and/or criminal liability. The Brooklyn T-Shirt Factory will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on this Website.
You also agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from The Brooklyn T-Shirt Factory and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, or Mozilla Firefox).
Registration, Accounts and Passwords
You are responsible for the personal protection and security of any password or username that you may use to access this Website. You are responsible for all direct or indirect damages and liable for all activity conducted on this Website that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to The Brooklyn T-Shirt Factory.
Secure Shopping Guarantees
We use the industry standard encryption protocol known as Secure Socket Layer (SSL) to keep your order information secure.
Resale of Product & Order Acceptance
This Website sells products to retail consumers only. You shall not use the Website to purchase products for re-sale or export. The Brooklyn T-Shirt Factory reserves the right to immediately bar access to this Website and terminate the account of any user who violates this provision.
When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail and/or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
No Other Agreements
The Brooklyn T-Shirt Factory may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of this Website, at any time and without notice. The Brooklyn T-Shirt Factory also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. The Brooklyn T-Shirt Factory may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Website after any changes to these terms are posted will be considered acceptance of those changes.
Notice for Infringement of Intellectual Property
The Brooklyn T-Shirt Factory does not permit any activities on this Website that infringes on the intellectual properties of others, including but not limited to copyright, trademark, or patent. The Brooklyn T-Shirt Factory may remove any content of any kind that a user posts to this Website ("Comments"). At its sole discretion, The Brooklyn T-Shirt Factory may limit or permanently terminate a user account for any reason. For instance, The Brooklyn T-Shirt Factory may limit a user’s ability to submit Comments if such comments infringe another’s copyright, or may terminate a user’s account for egregious or repeated infringing conduct on the Website.
If you are the owner of an intellectual property or an agent for such owner and believe that any Comments on this Website by third parties infringes upon your rights, you may notify The Brooklyn T-Shirt Factory by providing the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
- A clear and concise Identification of the intellectual property right being infringed;
- Identification of the Comment(s) or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit The Brooklyn T-Shirt Factory to locate the same;
- Information reasonably sufficient to permit The Brooklyn T-Shirt Factory to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that you have a good faith belief that use of the Comment(s) or material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed.
Our agent for notice of claims of copyright infringement can be reached as follows:
The Brooklyn T-Shirt Factory
630 East 83rd Street
Brooklyn, NY 11236
If you fail to comply with any or all of the requirements above, your notice may not be valid.
This Agreement is effective unless and until terminated by either you or The Brooklyn T-Shirt Factory. You may terminate this Agreement at any time. The Brooklyn T-Shirt Factory also may terminate this Agreement at any time and may do so immediately without notice. The Brooklyn T-Shirt Factory may deny you access to this Website, if in The Brooklyn T-Shirt Factory's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or The Brooklyn T-Shirt Factory, you must promptly destroy all materials, downloaded or otherwise, obtained from this Website, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our Customer Service Department by e-mail at firstname.lastname@example.org.