What this Agreement Covers
This Agreement governs your use of the Mobile Application and Website (the "Mod Thread Platform") and the Mod Thread LLC service (the "Service"). Acceptance of orders by you ("Customer") is expressly made conditional on Customer’s assent to these terms and conditions. Unless otherwise agreed to in writing by all parties, the terms and conditions set forth herein supersede any and all terms and conditions of Customer’s purchase order(s) and will govern all transaction between Customer and Mod Thread LLC. These terms and conditions also apply to all future transaction unless modified in writing signed by all parties. Mod Thread LLC specifically rejects any terms or provisions which set any standards, specifications or damages related to quality and time of delivery. Customer’s acceptance of goods delivered by Mod Thread LLC constitutes acknowledgement by Customer of its acceptance of these terms and conditions.
Creation of Custom Apparel
Mod Thread LLC allows Customer to create custom apparel in a variety of ways. Through the Mod Thread Platform, Customer can use editing tools which allows Customer to upload custom images and pull from Mod Thread LLC’s pattern gallery or select from a variety of templated designs available to assist Customer in creating their custom design. Mod Thread LLC also allows Customer shop from our ‘Collabs/Collections’. These are stores within the app that are ready-to-buy designs from a host of artists, designers and brands.
In order to ensure the highest quality printing, all images and/or artwork must be submitted with a minimum of 1500px square and 1MB. The Mod Thread Platform supports the latest iPhone 6 and latest android camera/image resolution from 8-12 megapixels. Due to a potentially significant decline in the resolution of iPhone and android front facing cameras, all images and/or artwork uploaded from photos taken from Customer phones should be taken using the phone’s primary camera. Mod Thread LLC is not responsible for lower resolution images or inconsistencies resulting from images taken with lower resolution, front facing phone cameras.
The design will be scaled directly by the Customer through the Mod Thread Platform at the time the order is placed. Custom apparel can only be as good as the artwork. Mod Thread LLC will not be responsible for poor quality printing due to poor artwork. Mod Thread LLC is not responsible for any misspellings, errors, or issues in your art file. Mod Thread LLC does its best to catch these errors and point them out to customers, but we may not catch them all. If it is in Customer’s art file, that is how Mod Thread LLC will print it.
Intellectual Property Rights of Mod Thread LLC and Third Parties
Mod Thread 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 Mod Thread Platform (collectively the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Mod Thread LLC. In the event Customer elects to upload their own custom images, but to modify the overall layout and/or design of the apparel through Mod Thread LLC’s editing tools on the Mod Thread Platform, Customer maintains ownership over the actual image and/or artwork uploaded to the Mod Thread Platform; however, Mod Thread LLC maintains ownership of the overall design of the apparel.
Mod Thread LLC is the owner of the Mod Thread trademark. Other trademarks or copyrighted materials made available through the Mod Thread Platform, including images, artwork, logos, slogans, color schemes and design trademarks, are licensed for use by Mod Thread LLC from third parties owning such marks and/or copyrights (the "Licensed Works"). By using the Mod Thread Platform, you agree to limit your use of Licensed Works to uses that comply with any restrictions or conditions imposed on the use and access of the Licensed Works by the third parties.
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 Mod Thread LLC 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. Mod Thread LLC retains the right to display such designs or offer them (or variations of such designs) to other customers.
Additionally, Mod Thread 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 Mod Thread LLC production.
You agree to not use Mod Thread LLC'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.
Labor Conditions Policy
Mod Thread LLC supports high standards for manufacturing labor conditions. Accordingly, we seek to work with suppliers who promote such standards within their operations. Mod Thread LLC relies upon referrals, reputation and, in some cases, personal inspections to identify such vendors.
Mod Thread LLC reserves the right to change pricing without notice.
Mod Thread LLC accepts online payment via credit card, debit card, Pay Pal or electronic check (ACH). All payments sent electronically are securely transmitted.
All returned and/or cancelled payments will be subject to a $25 charge for nonsufficient funds (NSF).
Custom apparel is created through sublimation. For each order, we print, press and then sew the custom garment together, eliminating inconsistencies of ink coverage around the collar, seams and other edges. Although Mod Thread LLC uses the latest equipment and most innovative processes available and strives to ensure that each custom garment is of the highest quality, Mod Thread LLC is not responsible for any inconsistencies that may occur in coverage due to the nature and type of fabrics used.
Mod Thread LLC’s orders are generally delivered within 3-5 business days of receipt of order from Customer. Rush orders on custom apparel are available for an additional rush charge. For rush orders, customer is responsible for any expedited shipping charges associated with the order. Delivery times may vary during the holiday seasons.
Mod Thread LLC goes to great lengths to ensure that all orders are filled accurately and on time and are of the highest quality. However, since the goods are custom made to order upon Customer request, Mod Thread LLC cannot accept returns or provide refund of payment to customer. If Customer is disappointed by Mod Thread LLC merchandise for one of the following reasons: (a) the items themselves are materially flawed or (b) the design of the final product is materially different from the final design submitted by the Customer, Customer may request exchange of the product. Customer may exchange custom apparel within 30 days of delivery to Customer. Mod Thread LLC will not exchange any product if no such request is made within 30 days of delivery.
For Standard Delivery orders, you may change or cancel your order within twenty-four (24) hours of submitting your order. For Rush Delivery orders (any order requiring faster delivery than a Standard Delivery order), you may not change or cancel your order.
Limit of Mod Thread LLC's Responsibility
Mod Thread LLC will be responsible for acting only on those instructions sent to Mod Thread LLC 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. Mod Thread LLC 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. Mod Thread LLC is not responsible should you give incorrect instructions or if your credit-card payment is not processed by your credit-card company.
The information and materials contained in the Mod Thread Platform, including text, graphics, links or other items, are provided "as is", "as available". Mod Thread LLC 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.
Customer acknowledges that Mod Thread LLC has no responsibility for any work performed by any vendor referred by Mod Thread LLC and hereby waives any right to assert any claim against Mod Thread LLC for work performed by any other company or vendor, including but not limited to claims for negligent referral, agency, or respondent superior.
EXCLUSION OF IMPLIED WARRANTIES: CUSTOMER RECOGNIZES THAT IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND ALL OTHER WARRANTIES IMPLIED ARE EXCLUDED FROM ANY TRANSACTION BETWEEN MOD THREAD LLC AND CUSTOMER AND SHALL NOT APPLY TO ANY GOODS SOLD BY MOD THREAD LLC, WHETHER CUSTOM OR OTHERWISE.
In no event will Mod Thread LLC 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 Mod Thread LLC, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
Intellectual Property Claims
Mod Thread 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 Mod Thread LLC, please provide written notice to the following agent for notice of claims of infringement:
Mod Thread LLC
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.
You agree to defend, indemnify and hold Mod Thread LLC 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 Mod Thread Platform and the Service, your violation of this Agreement, or your violation of any rights of another.
This Agreement shall be governed by the laws of the State of California and, where applicable, by federal law. To the extent that any court proceedings are commenced, Customer hereby consents to the exclusive jurisdiction of the courts located in Los Angeles County, California, for any claims or controversies arising out of the Services.