Welcome to Hittnskins.com! Hittn’ Skins, LLC and/or its affiliates (“Hittn’ Skins”) provide website features and other products and services to you when you visit or shop at http://shop.hittnskins.com & https://hittnskins.com/shop, use Hittn’ Skins products or services, use Hittn’ Skins applications for mobile, or use software provided by Hittn’ Skins in connection with any of the foregoing (collectively, “Hittn’ Skins Services”). Hittn’ Skins provides the Hittn’ Skins Services, subject to the following conditions: By using Hittn’ Skins Services, you agree to these conditions. Please read them carefully. This Agreement governs your use of the Hittn’ Skins Services. The Hittn’ Skins Services permits customers that have an appropriate relationship either with: (i) institutions of higher learning, fraternal organizations, honor societies and other collegiate groups (collectively, “Institutions”); (ii) corporations and small businesses; (iii) elementary and secondary schools; or (iv) other organizations, to design and purchase custom merchandise properly describing that relationship. You understand that by using Hittn’ Skins Services, you have agreed to the terms and conditions of this Agreement and you agree to use the Site and the Service solely as provided in this Agreement.
Please review our Privacy Notice, which also governs your use of Hittn’ Skins Services, to understand our practices. Hittn’ Skins recognizes that you have a right to privacy, and we will not give or sell anyone specific information about you or any orders you have placed through Hittn’ Skins and/or its affiliates except that: (i) Hittn’ Skins may share information about you or an order that you have placed with a relevant Institution in order to allow such Institution to review the use of the Licensed Marks as necessary. Hittn’ Skins may share information about you with its marketing partners and affiliates for purposes of marketing Hittn’ Skins & its affiliates. Hittn’ Skins collects information (including email addresses) that allows us, among other things, to: process and fill your order; contact you regarding the processing of your order; improve our website and service; and send informative and promotional emails that may be of interest to you. While this information may be used by us for marketing purposes, it is never shared or sold to any other organizations for commercial purposes.
When you use any Hittn’ Skins Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, or notices and messages on this site or through the other Hittn’ Skins Services, and you can retain copies of these communications for your records. 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.
All content included in or made available through any Hittn’ Skins Service, such as text, graphics, logos, button icons, images, audio clips, videos, templates, digital downloads, data compilations, and software is the property of Hittn’ Skins or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Hittn’ Skins Service is the exclusive property of Hittn’ Skins and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Hittn’ Skins Service are trademarks or trade dress of Hittn’ Skins in the U.S. and other countries. Hittn’ Skins trademarks and trade dress may not be used in connection with any product or service that is not Hittn’ Skins’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hittn’ Skins. All other trademarks not owned by Hittn’ Skins that appear in any Hittn’ Skins Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hittn’ Skins.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Hittn’ Skins or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Hittn’ Skins Services. This license does not include any resale or commercial use of any Hittn’ Skins Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Hittn’ Skins Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Hittn’ Skins or its licensors, suppliers, publishers, rights holders, or other content providers. No Hittn’ Skins Service, nor any part of any Hittn’Skins Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Hittn’ Skins. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hittn’ Skins without express written consent. You may not use any meta tags or any other “hidden text” utilizing Hittn’ Skins’ name or trademarks without the express written consent of Hittn’ Skins. You may not misuse the Hittn’ Skins Services. You may use the Hittn’ Skins Services only as permitted by law. The licenses granted by Hittn’ Skins terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any Hittn’ Skins Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Hittn’ Skins does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Hittn’ Skins Services only with involvement of a parent or guardian. Hittn’ Skins reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Hittn’ Skins reserves the right (but not the obligation) to remove or edit such content.. If you do post content or submit material, and unless we indicate otherwise, you grant Hittn’Skins a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Hittn’Skins and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Hittn’ Skins for all claims resulting from content you supply. Hittn’ Skins has the right but not the obligation to monitor and edit or remove any activity or content. Hittn’ Skins takes no responsibility and assumes no liability for any content posted by you or any third party.
Hittn’ Skins reserves the right to use any printed materials as samples in our design galleries and portfolios (unless otherwise arranged by the customer). Hittn’ Skins reserves the right to use your artwork and/or products for demonstration proposes only; in store, in public and online.
RETURNS AND REFUNDS
Hittn’ Skins has a no return policy, all sales are final. All products are 100% custom made to order. All discrepancies with an order need to be addressed immediately by reaching customer service within 7 days of receiving your products.
Hittn’ Skins will create a digital rendering of what the final product will look like for your approval. We use these renderings throughout the entire production process as a reference to ensure that all products are created to meet your expectations. The time it takes us to provide a proof will vary depending on our workload. It is your responsibility to review your proof and approve it. All approved proofs are considered the customers written consent that he/she has carefully examined all of the following: GRAMMAR, PUNCTUATION, CAPITALS, NAMES, NUMBERS, SIZING, PLACEMENT, ITEMS COLORS, INK COLORS, PRODUCT STYLES, QUANTITIES, Etc. We are not liable for delays resulting from the proof approval process. You are responsible for verifying the accuracy of your proof. We will not make changes to your artwork after approval. Proofs will not be provided for reorders unless requested. Once the digital proofs have been approved, Hittn’ Skins will begin production and any mistakes found or changes made after the time of approval will then be billed at the customers expense.
Hittn’ Skins guarantees that its printing will meet CMYK/RGB industry standards. Unfortunately, we cannot control the color reproduction of a customer’s computer monitor nor can we guarantee that the actual print color will precisely match any preview as it appears on other monitors. We do not guarantee “match-print” color fidelity and cannot prevent slight color shift from order to re-order. Hittn’ Skins is not responsible for any shift in color when converted to RGB (from GRAYSCALE/CMYK) containing specific colors, shades or tones. If you are concerned with any of these issues we strongly recommend providing a PMS number for reference.
TURNAROUND TIMES AND SHIPPING
Standard production turnaround time is approximately 7-10 business days from your artwork approval however certain products take up to 21 calendar days depending on the specifics of the order. Increased turnaround times would be disclosed to you at the time of your purchase. Customers in need of meeting a specific deadline should state the job due date when requesting a quote or placing an order. Rush orders on custom apparel or digital printed items are available; we do not offer art assistance on a rush orders so please have your artwork ready to print. Rush shipping services are available at the customer’s request. Production time begins once your proof is approved. We are closed Saturdays, Sundays, and during our internally determined holiday schedule. We may also be closed or partially closed during Website outages, Product production equipment outages, weather emergencies, and other situations beyond our control. These days are not considered when calculating production time. Production time does not include shipping transit time. Production time is an estimate. We are not responsible for expedited delivery costs on orders that do not go out by the ship date. We are not responsible for delays caused by shipping carriers, weather, strikes, or other situations beyond our control, or for any damages resulting from the failure to receive an order on time. Our responsibility is limited to preparing your order and delivering it for shipping. We are not liable for damages that occur in shipping.
RISK OF LOSS
All items purchased from Hittn’ Skins are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Intellectual Property Rights of Hittnsksins.com and Third Parties Hittn’ Skins LLC. is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the Hittn’ Skins Site (collectively the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Hittn’ Skins. HIttn’ Skins LLC is the owner of the Hittn’ Skins trademark; other trademarks made available through this Site, including logos, slogans, color schemes and design trademarks, are licensed for use by Hittn’ Skins LLC. from Institutions and other third parties (the “Licensed Marks”). By using the Hittn’ Skins Site, you agree to limit your use of Licensed Marks to uses that are directly related to such third parties and to comply with any restrictions or conditions imposed on the use and access of the Licensed Marks by the third parties. Hittn’ Skins will notify you of such terms if your usage is in violation of such terms. Generally, products created using images available on the site should not be resold commercially. In the event that you wish to resell such products, you agree to contact Hittn’ Skins and verify the legality of reselling such products prior to doing so. Designs created using images available through the site are in no way the exclusive property of the customers who assemble such designs. Hittn’ Skins retains the right to display such designs or offer them (or variations of such designs) to other customers. Additionally, Hittn’ Skins LLC. has the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, religion, disability or national origin, containing explicit sexual content or is otherwise inappropriate for Hittn’ Skins LLC production. You agree to not use Hittn’ Skins’ Service to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
CUSTOMER SUPPLIED PRODUCT
There is a 48 piece minimum on all customer supplied product. All supplied products must be of the same materials (100% Cotton, 100%polyester, 50/50, etc.) or be able to be printed with the same method & ink types (ink colors, locations, print sizes,). You should contact us in advance to confirm your items can be printed. Hittn’ Skins is not responsible for replacing misprinted, damaged or defective items when supplied by the customer. You should always allow up to 2% extra in the event of spoilage. All extras can be printed or will be returned to the customer.
DIGITAL PRINT INSTALLATIONS
Hittn’ Skins requires all Vehicle Wrap/Digital Graphic Installation customers to review and sign a liability waiver before any permanent or temporary graphics are installed. All installations are required to be paid in full before any jobs are delivered.
We prefer all invoices to be paid in full at the time of placing an order; otherwise a 50% deposit is required to begin production and the balance is due at the time of pick up or shipping. ALL ARTWORK FEES ARE TO BE PAID IN FULL BEFORE ANY ARTWORK IS CREATED (all artwork remains property of Hittn’ Skins until balance is paid in full). Hittn’ Skins presently accepts the following payment options: Cash, Company Check, Cashier’s Checks & Credit Cards (VISA, MasterCard, American Express and Discover). We reserve the right to stop accepting credit cards from one or more issuers. WE DO NOT ACCEPT PERSONAL CHECKS. By submitting a credit card number to Hittn’ Skins you are representing and warranting that the credit card information you provide is valid, authentic, current and you are the one authorized to use it. You agree that in the event the credit card information you have provided becomes invalid, out of date or that you are no longer authorized to use the card, you will immediately provide another form of payment. Some electronic transactions may require extended processing in addition to credit card authorization. You will be notified by Hittn’ Skins if extended processing is required to complete your transaction request as soon as possible. This may affect your estimated delivery date. Unless Hittn’ Skins agrees otherwise, all products and services must be paid for in full at the time of the order. In the event that items are not picked up or if balances are not paid or payment is not received within 30 days, you hereby irrevocably agree that Hittn’ Skins may charge one or more of the credit card(s) you have on file for the full amount of your outstanding account balance. If you do not pick up or pay for items within 60 days your order will be disregarded.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE HITTN’ SKINS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HITTN’ SKINS SERVICES ARE PROVIDED BY HITTN’ SKINS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HITTN’ SKINS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE HITTN’ SKINS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HITTN’ SKINS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE HITTN’ SKINS SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HITTN’ SKINS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HITTN’ SKINS DOES NOT WARRANT THAT THE HITTN’ SKINS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HITTN’ SKINS SERVICES, HITTN’ SKINS’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM HITTN’ SKINS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HITTN’ SKINS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY HITTN’ SKINS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY HITTN’ SKINS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold Hittn’ Skins 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 Hittn’ Skins Services, your violation of this Agreement, or your violation of any rights of another.
Intellectual Property Claims
Hittn’ Skins LLC respects the intellectual property rights of others. We have a policy of removing user submissions that violate copyright, trademark, or other intellectual property laws, suspending or blocking access to the design-saving or other features of our site to any user who uses our site in violation of any such law, and/or terminating in appropriate circumstances the account (if any) of any user who uses our site in violation of any such law. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of Hittn’ Skins LLC, please provide written notice claims of infringement: Hittn’ Skins, LLC 503 W Central Blvd. Orlando, FL 32801 Email: [email protected] In order for us to respond to your notice, it must: (i) contain your physical or electronic signature; (ii) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed; (iii) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (iv) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (v) contain a statement that you have a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owner’s agent, or the law; (vi) contain a statement that the information in the written notice is accurate; and (vii) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.
By using any Hittn’ Skins Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Hittn’ Skins. SITE POLICIES, MODIFICATION, AND SEVERABILITY We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.