Terms of Services
Please carefully review this Terms of Service agreement. Your use of this website or purchase of products from this website constitutes your acceptance of all terms and conditions outlined in this agreement.
User’s Acceptance
By using and/or visiting Arrkalas, you (“User”) agree to the terms and conditions set forth in the Arrkalas Terms of Service; the Arrkalas Privacy Policy, and Upload Rules. If User does not agree to any of these terms, User is not authorized to use this website. Further, Arrkalas may, in its sole discretion, modify or revise the Terms of Service and the Arrkalas policies at any time, and User agrees to be bound by such modifications or revisions. Arrkalas strongly recommends that User periodically review the most up to date version of the Terms of Service. Nothing in the Terms of Service shall be deemed to confer any third parties rights or benefits.
Com accounts:
In order to access some features of the Arrkalas Website, User must create a Arrkalas account. User is not authorized to use another person’s account without their express written permission. When creating a Arrkalas account, User must provide accurate and complete information. A User is solely responsible for all activity that occurs on User’s account, and must keep User’s account password secure. If User becomes aware of any breach of security or unauthorized use of User’s account, User is required to notify Arrkalas immediately. Although Arrkalas will not be liable for User’s losses caused by any unauthorized use of User’s account, User may be liable for the losses of Arrkalas or others due to such unauthorized use.
Ordering/print on demand service
Order Changes/Cancellation:
Orders can be updated when in status as NEW. Once the orders have gone into PROCESSING they cannot be edited or canceled without a written request. Because all product blanks are ordered custom daily, canceling an order that is processing may still result in fees for either blank products or for the full printed products. Canceled orders that have not been shipped whether printed or not cannot be stored or saved for future orders. Canceling an order in your e-Commerce cart does NOT cancel the order in Arrkalas. Once an order goes into processing we can NOT guarantee that it can be canceled and do not guarantee refunds.
Returns & Exchanges:
Arrkalas will review replacement/return requests for the following issues: faulty product such as a hole in a product, a print error by Arrkalas relating to quality or incorrect image if it is Arrkalas’s fault. Arrkalas is not responsible for incorrectly provided addresses that result in lost or misdirected packages. If packages are returned to us for any reason and need to be reshipped there the seller must the cost of the re-shipment. Size exchanges or general returns/exchanges are not the responsibility of Arrkalas and sellers must resubmit and pay for this type of order.
Processing/Delivery Timeline:
Arrkalas does not guarantee specific processing or shipment times.
Fulfillment Deliveries:
Arrkalas is not responsible for 3rd party delivery delays, lost packages, or damage due to delivery partner. Arrkalas will provide a tracking number when available but it is up to the seller to track down or contact local postal service to track any lost or delayed packages. Lost packages are the responsibility of the User.
Balance Withdrawals:
To withdrawal money from your balance please contact us. withdrawal requests may take up to 72 hours.
Image Quality:
The User is required to provide high quality, print ready, sized art. Images are printed at the size they are provided at. Guidelines for images are available from Seller Account. Arrkalas is not responsible for low-quality images or incorrectly sized images. User provided mockups are used by our print team as a general guide for placement but the final product may differ based on the user provided art or the restrictions of a specific product. Arrkalas does not alter print images to match mockup files.
File Storage:
Arrkalas does not guarantee permanent storage of User files. Arrkalas reserves the right to delete User files in the case of User inactivity. A User can be considered inactive in the case of, but not limited to, User has not had any sales in three (3) months, User has not logged into their Arrkalas account in six (6) months.
Taxes:
If User does not provide a valid Indian resellers permit, Arrkalas is required to collect sales tax on all orders shipped to Indian. User further agrees that User is solely responsible to collect, report, and remit all taxes to the correct tax authority (whether inside or outside the State of Indian) for all business transactions, sales or revenue stemming from any content submitted to Arrkalas. User further agrees that Arrkalas is not obligated to determine whether a sales tax applies and is not responsible to collect, report, or remit any tax information arising from any transaction.
User’s submissions and ownership:
As a Arrkalas account holder, User may be permitted to submit and upload various content, including pictures, graphics, as well as T-shirt designs (all, collectively, “User Submissions”). All User Submissions are subject to these Terms of Service, the Arrkalas Upload Rules.
User is solely responsible for all content submitted to the Arrkalas Website, including photographs, videos, textual content, drawings, designs, and other works, whether submitted as a T-shirt design or for any other purpose. User affirms, represents and warrants that User owns or has the necessary licenses, rights, consents and permissions to use and authorize Arrkalas to use all patents, trademarks, trade secrets, copyrights, or other proprietary rights in and to any and all User Submissions, to enable inclusion and use of the User Submission in all manners contemplated by the Arrkalas Website and these Terms of Service. User will retain all ownership rights in a User Submission, however, by submitting a User Submission to Arrkalas, User grants to Arrkalas a worldwide, non-exclusive, royalty-free license to print the design on products on behalf of the User.
User agrees that User will not submit material that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including the rights of privacy and publicity, unless User is the owner of such rights or has permission from the rightful owner to post the material and to grant the licenses granted herein. User agrees that Arrkalas has the right to refuse to accept, to limit access to, to remove, and/or to refuse to publish any User Submission which Arrkalas considers to be amoral, scandalous, offensive, or in bad taste. All determinations as to whether a User Submission is amoral, scandalous, offensive, or in bad taste or that Arrkalas deems to be in violation of any intellectual property right of any third party. All determinations as to whether a User Submission is amoral, scandalous, offensive, in bad taste, or in violation of any intellectual property rights of any third party are to be made by Arrkalas at its sole discretion and are final. User agrees to be bound by the decision of Arrkalas.
By processing and submitting your order using Arrkalas, you represent and warrant to Arrkalas, its affiliates, agents, and business partners, that you own and possess all rights or own and possess sufficient rights of third parties, necessary to copy, produce, print or imprint, each and every item and portion thereof you submit to Arrkalas, its affiliates, agents, and business partners. You further represent and warrant to Arrkalas, its affiliates, agents, and business partners, that you are not infringing on any intellectual property rights of any third party. You agree and covenant that at the request of Arrkalas, and without further consideration, you will promptly deliver to Arrkalas reasonable evidence of such adequate and enforceable rights of third parties (I.E. Consents, approvals, licenses or sublicenses).
You hereby agree to indemnify, defend and hold harmless Arrkalas, its affiliates, agents, and business partners, from all costs, expenses (including reasonable legal fees) and liabilities, incurred by Arrkalas, its affiliates, agents, and business partners, as a result of any failure by you to possess such rights, or for any infringement of any intellectual property rights of any third party.
Warranty disclaimer:
Arrkalas, its officers, directors, employees, affiliates, agents and business partners disclaim all warranties, express or implied, in connection with the Arrkalas Website and User’s use thereof. Arrkalas makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from User’s access to and use of the Arrkalas Website, (iii) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) interruption or cessation of transmission to or from the Arrkalas Website, (v) bugs, viruses, Trojan horses or the like which may be transmitted to or through our web site by any third party, and/or (vi) errors and omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Arrkalas Website. Arrkalas does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Arrkalas Website or any hyperlinked website or website featured in any banner or other advertising, and Arrkalas will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers for products or services. As with the purchase of any product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitation of liability:
In no event shall Arrkalas, its officers, directors, employees, affiliates, agents or business partners be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage of any nature whatsoever, resulting from your access to and use of the Arrkalas Website, (iii) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) interruption or cessation of transmission to or from the Arrkalas Website, (v) bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Arrkalas Website by any third party, and/or (vi) errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, e-mailed, transmitted, or otherwise made available via the Arrkalas Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. User specifically acknowledges that Arrkalas shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with User. The Arrkalas Website is controlled and offered by Arrkalas from its facilities in the United States of America. Arrkalas makes no representations that the Arrkalas Website is appropriate or available for use in other locations. Those who access or use the Arrkalas Website from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
Indemnity:
User agrees to defend, indemnify and hold harmless Arrkalas, its officers, directors, employees, affiliates, agents and business partners, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (i) User’s use of and access to the Arrkalas Website; (ii) User’s violation of any term of the Terms of Service, the Arrkalas Upload Rules, the Arrkalas Privacy Policy (iii) User’s violation of any third party rights, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Contributions or Artwork caused damage to a third party; (v) any claim that User failed to collect, report, and remit all taxes to the correct tax authority. This defense and indemnification obligation will survive the Terms of Service and any and all use of the Arrkalas Website.
Ability to accept terms of service:
User affirms that User is either more than 18 years of age, or an emancipated minor, or possesses legal parental or guardian consent, and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Service, and to abide by and comply with the Terms of Service. In all cases, User affirms that User is over the age of 13, as the Arrkalas Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Arrkalas Website. There are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.
Assignment:
The Terms of Service, and any rights and licenses granted here under, may not be transferred or assigned by User, but may be assigned by Arrkalas without restriction.
General:
User agrees that (i) the Arrkalas Website shall be deemed solely based in Indian; and (ii) the Arrkalas Website shall be deemed a passive website that does not give rise to personal jurisdiction over Arrkalas, either specific or general, in jurisdictions other than Indian. The Terms of Service shall be governed by the internal substantive laws of the State of Indian, without respect to its conflict of laws principles. Any claim or dispute between User and Arrkalas that arises in whole or in part from the Arrkalas Website shall be decided exclusively by a court of competent jurisdiction located in Indian. The Terms of Service, together with all other Arrkalas policies, and any other legal notices published by Arrkalas and/or on the Arrkalas Website, shall constitute the entire agreement between Arrkalas concerning the Arrkalas Website. If any provision of the Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect. No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such terms or any other term, and Arrkalas’s failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision. Arrkalas reserves the right to amend the Terms of Service at any time and without notice, and it is User’s responsibility to review the Terms of Service for any changes. User’s use of the Arrkalas Website following any amendment of the Terms of Service will signify User’s assent to and acceptance of its revised terms. USER AND Arrkalas AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Arrkalas WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY WAIVED AND/OR BARRED