What This Agreement Covers
This Agreement governs your use of the Site and the themerchstory.com service (the “Service”).
“Service”). The service permits customers that have an appropriate relationship to
with: (i) institutions of higher learning, fraternal organizations, honor societies, and other
collegiate groups (collectively, “Institutions”); (ii) corporations and small businesses; (iii)
or (iv) other organizations, to design and purchase
custom merchandise properly describing that relationship. You understand that by using
By using the site and the service, 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.
Intellectual Property Rights of themerchstory.com and third parties
Themerchstory.com is committed to the appropriate and legal use of intellectual property.
Property of others, and we require our users to behave similarly. Unless otherwise
noted, all materials, including images, illustrations, designs, icons, photographs, and
The written and other materials that appear on the themerchstory.com site (collectively the
“Contents”) are copyrights, trademarks, trade dress, and/or other intellectual properties.
Owned, controlled or licensed by themerchstory.com
Swiss Supplier is the owner of The Merch Story trademark; other trademarks made
available through this site, including logos, slogans, color schemes, and design.
Trademarks, are licensed for use by themerchstory.com from institutions and other third parties.
Parties (the “Licensed Marks”). By using the themerchstory.com 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. Themerchstory.com 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
themerchstory.com and verify the legality of reselling such products prior to doing so.
Designs created using the text tools and images available through the site are in no way
the exclusive property of the customers who assemble such designs.
Themerchstory.com retains the right to display such designs or offer them (or variations
of such designs) to other customers.
Additionally, themerchstory.com 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.
Explicit sexual content or is otherwise inappropriate for themerchstory.com production.
You agree to not use themerchstory.com’s 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.
Themerchstory.com orders are generally delivered within 7–14 days. Customers who
Those who are concerned about meeting deadlines should contact a service/sales representative.
Rush orders on screen-printed apparel items are available for a 10% rush charge. Rush
Orders are delivered within 7 days. Delivery times may vary during the holiday season.
Themerchstory.com goes to great lengths to ensure that all orders are filled accurately.
and on time and are of the highest quality. Accordingly, themerchstory.com accepts
return and will refund the payment if and when customers are disappointed by
themerchstory.com merchandise for one of the following reasons: (a) the blank items
(b) manufacturing and printing defects (i.e., the printing
or embroidery) or (c) the design of the final product is materially different from the final
design submitted by the customer.
For Standard Delivery orders, you may change or cancel your order within twenty-four
(24) hours of submitting your order or before raising the PO or before paying us the
Intellectual Property Claims
Themerchstory.com respects the intellectual property rights of others. We have a policy
or removing user submissions that violate copyright, trademark, or other intellectual
property laws. 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 themerchstory.com
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.
You agree to defend, indemnify and hold themerchstory.com 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 themerchstory.com’s
Site and the Service, your violation of this Agreement, or your violation of any rights of
Limit of themerchstory.com’s Responsibility
Themerchstory.com will be responsible for acting only on those instructions sent to
themerchstory.com that actually are received and does not assume responsibility for
malfunctions in communications facilities not under its control that may affect the
accuracy or timeliness of any orders you send. Themerchstory.com is not responsible
for any losses or delays in transmission of orders arising out of the use of any Internet
Access Service Provider or caused by any browser software or any computer virus or
related problem that may be attributable to services provided by any Internet Access
Service Provider. Themerchstory.com is not responsible should you give incorrect
instructions or if your credit-card payment is not processed by your credit-card
The information and materials contained in this Site, including text, graphics, links or
other items, are provided “as is”, “as available”. Themerchstory.com does not warrant
the accuracy, adequacy or completeness of the information and materials on the Site
and expressly disclaims liability for errors or omissions in this information and materials.
No warranty of any kind, implied, express or statutory, including but not limited to the
warranties of non-infringement of third party rights, title, merchantability, fitness for a
particular purpose or freedom from computer virus, is given in conjunction with the
information and materials.
In no event will Themerchstory.com be liable for any damages, including without
limitation, direct or indirect, special, incidental, or consequential damages, losses or
expenses arising in connection with this site or use thereof or inability to use by any
party, or in connection with any failure of performance, error, omission, interruption,
defect, delay in operation or transmission, computer virus or line or system failure, even
if Themerchstory.com, or representatives thereof, are advised of the possibility of such
damages, losses or expenses.