Sinfonia Custom Terms of Service

Important Notice

PLEASE READ THIS USER AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, OUR CREATE & BUY PROCESS, OR OTHER SERVICES PROVIDED VIA OUR WEBSITE, YOU AGREE TO BE BOUND BY THIS USER AGREEMENT AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT IN THEIR ENTIRETY, DO NOT USE ANY SINFONIA CUSTOM PROVIDED SERVICE, INCLUDING THIS WEBSITE.

YOUR USE OF THE SINFONIA CUSTOM SERVICE IS AT YOUR SOLE RISK.

Disclaimer

We may modify, change, suspend, or discontinue any aspect of the website and/or the production service at any time, with or without notice, without liability to you or anyone else.

We are not obligated to monitor the transactions or communications made through the website. However, we reserve the right to cancel any transaction, or remove or limit access to any content, products, or all or part of the website at any time with or without notice and without any liability to you or any third party.

The website and production services are provided “as is” and “as available.” We neither represent nor warrant that the website or the production services (1) will be uninterrupted; (2) will be free of inaccuracies or errors; (3) will meet your requirements; or (4) will operate in the configuration or with the hardware or software you use.

We make no representations or warranties other than as expressly made in this agreement, and hereby disclaim any and all implied warranties including, but not limited to, fitness for a particular purpose, merchantability, and non-infringement.

General

Welcome to Sinfonia Custom, a service of Phi Mu Alpha Sinfonia Fraternity of America (the “Fraternity”). Through https://www.sinfoniacustom.com (the “Website”) and any other websites we own or operate, we provide various internet-based services to help you express your creativity. Use of the website is governed by the Terms of Service outlined in this User Agreement (the “Agreement”).

These Terms of Service constitute the entire agreement between you and the Fraternity and govern your use of the Sinfonia Custom service, superseding any prior agreements between you and the Fraternity with respect to the Sinfonia Custom Service. The failure of the Fraternity to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of the Fraternity, but the Fraternity may assign or transfer these Terms of Service, in whole or in part, without restriction. Notices to you may be made via either email or regular mail. The Fraternity may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Sinfonia Custom Service.

User Agreement & Policies

This Agreement establishes the terms, conditions, rights, and responsibilities applicable to your use of the Website. To use the Website, you must accept this Agreement. If you do not accept the agreement in whole, you are not authorized to use the Website or the services it facilitates.

No one under the age of 13 may use the Website, and use by individuals between the ages of 13 and 18 must be supervised by a parent or guardian who is bound by this Agreement. By using the Website, you represent and warrant that you meet the age requirements and are able to enter into legally-binding contracts.

Your breach of this Agreement results in the automatic termination of the rights and licenses granted to you under this Agreement.

What this Agreement Covers

This Agreement governs your use of the Website and the Sinfonia Custom service (the “Service”). The Service permits customers that have an appropriate relationship with Phi Mu Alpha Sinfonia Fraternity (the “Fraternity”) to design and purchase custom merchandise properly describing that relationship. You understand that by using the Website and the Service, you have agreed to the terms and conditions of this Agreement and you agree to use the Website and the Service solely as provided in this Agreement.

General Terms And Conditions

Your Account

An account (“Account”) is required to use the Website. You must provide complete and accurate contact and payment, and select a password, to open an Account. You must keep all Account information current, and your failure to do so means you may not receive any products ordered through the Service. Registration data and personal information about you are governed by our Privacy Policy. You are responsible for maintaining the confidentiality of your password and Account, and are fully responsible for any and all activities that occur under your password or Account. Please immediately notify Sinfonia Custom of any unauthorized use of your password or Account or any other breach of security.

Operating and maintaining multiple user accounts for the same member is prohibited.

You are responsible for uploading your content according to the Website upload instructions. If you repeatedly upload excessive amounts of data, engage in fraud or other illegal activity, fail to comply with the Terms of Service or any other Sinfonia Custom policies, or otherwise use the service in an excessive or unreasonable way, Sinfonia Custom may, in its sole discretion, cancel your designs and orders, suspend your use of Sinfonia Custom tools and reports, restrict or terminate your Account, and/or withhold and disburse any proceeds associated with that Account. The Service may remove any or all of your content and/or orders from the Website, our servers and/or directories, and ban you from use of the Website by any available means, including blocking your IP address. We may, with or without notice, suspend, limit your access to, or terminate your Account(s) for any reason, or no reason, including, but not limited to a lack of Account activity for twelve (12) consecutive months.

Any contests, sweepstakes, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Service may be governed by specific rules that are in addition to these Terms of Service. By participating in any Promotion, you will become subject to the rules of the specific Promotion. To the extent that the terms and conditions of the Promotion rules conflict with these Terms of Service, the terms and conditions of the Promotion will govern.

Your use of the Website must be in accordance with this Agreement, and must comply with all applicable laws, rules, and regulations. You may not cause any harm to, or otherwise interfere with, the Website and/or Services by (but not limited to): (1) introducing viruses or using programs or technology intended to disrupt or damage software or hardware; (2) modifying, creating derivative works from, reverse engineering, decompiling, or disassembling any technology; (3) interfering with or disrupting the access of any user, host, or network via any means including, but not limited to, overloading, flooding, spamming, scripting content creation, or linking to coupon sites; (4) creating an undue burden on the Website; (5) collecting email addresses or other information using the Website; (6) impersonating another member or entity; (7) using meta tags, search terms, key terms, etc. containing the word “Sinfonia Custom” or our other trademarks; (8) helping or encouraging any third party to engage in activity prohibited by this Agreement; (9) purchasing, registering, or bidding on any keywords, search terms, or other identifiers including the term (or variations of) “Sinfonia Custom” (e.g. “Sinfonia Store”, “Phi Mu Alpha Sinfonia”, “Sinfonia Custom”) for use in any search engine, portal, sponsored advertising service, or other search or referral service.

You grant the Fraternity and by extension the Service the perpetual, non-exclusive, sub-licensable right to use any questions, comments, suggestions, ideas, message board postings, web forms, contest entries, communications, or any and all other materials or information that you submit to us (“Submissions”) for marketing and other promotional purposes, and waive any claim arising from or relating to the use of your Submissions.

Use of the Sinfonia Custom Service

By creating a design through the Service, you represent and warrant that you own or are the licensee of all trademark rights, copyrights, rights of publicity, and other intellectual property or other proprietary rights necessary to create the design (“Design Rights”), including any rights relating to the name, description, images, text, or URL used for the design. You will provide Sinfonia Custom with evidence of your Design Rights upon request.

The Fraternity does not claim any ownership rights in the content you upload to the Service. Please be sure you maintain copies of all of your work. The Fraternity has no responsibility or liability for the deletion or failure to store any content or information uploaded to the Service.

THE FRATERNITY RETAINS ALL OWNERSHIP RIGHTS OF ANY SUBMITTED DESIGNS, IN WHOLE OR PART, THAT WERE ORGANIZED, CREATED, AND TRANSMITTED FOR REVIEW OR ORDER USING THE SINFONIA CUSTOM SERVICE. SINFONIA CUSTOM RETAINS FULL AUTHORIZATION TO ENFORCE OWNERSHIP AND TRADEMARK CONTROL OVER ANY AND ALL USER SUBMITTED DESIGNS USING THE SERVICE.

Each design must meet reasonable production standards (e.g. a design may not include a low-quality image that will not print well).

Sinfonia Custom’s Proprietary Rights

You are only authorized to use the Service for the purpose of engaging in business transactions with Sinfonia Custom. You may not use any automated technology to scrape, mine or gather any information from the Service or otherwise access the pages of the Service for any unauthorized purpose. If you are blocked by Sinfonia Custom from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). The technology and software underlying the Service or distributed in connection therewith are the property of Sinfonia Custom, our affiliates, and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sub-license, or otherwise transfer any right in the Software.

The Service may contain images, artwork, fonts and other content or features (“Service Content”) that are protected by intellectual property rights and laws. Except as expressly authorized by Sinfonia Custom, you agree not to modify, copy, frame, rent, lease, lend, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part. Any use of the Service other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Sinfonia Custom.

The Sinfonia Custom name and logos are Member Marks of the Fraternity (collectively the “the Fraternity Marks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Sinfonia Custom. Nothing in these Terms of Service or the Service should be construed as granting any license or right to use any of the Fraternity’s Member Marks displayed on the Service, without our prior written permission in each instance.

Under no circumstances will the Fraternity be liable in any way for any content or materials of any third parties (including users), including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any such content or materials. To the maximum extent permitted under applicable law, the third-party providers of such content and materials are express and intended third party beneficiaries of these Terms of Service with respect to their content and materials.

The Fraternity may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Sinfonia Custom, its users, or the public.

Content Guidelines

In cases where a design proposed by a customer may be offensive or threatening to others who see the design, we use the following guidelines to balance our customers’ design goals with the standards and expectations of the community and the public. When a design does not meet our Content Guidelines, we will make every effort to work with the customer to try to create an alternate design that complies with the guidelines below.

While the Service strives to maintain a platform for freedom of expression and allow members to demonstrate their views, we also work hard to create a safe and respectful platform. Therefore, we have some limitations as to what we’ll allow to be expressed and sold on the Service.

Generally speaking, the Service reserves the right to delay, shorten, or terminate any order or design based on content concerns. We have provided guidelines (the “Acceptable Use Policy”) below to give you examples of the types of content that are likely to raise concerns and that may result in the termination of production. This Acceptable Use Policy is part of the Sinfonia Custom Terms of Service.

Sinfonia Custom respects the intellectual property rights of others. We will remove 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.

The Fraternity has the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane, portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, religion, disability, sexual preference, national origin, containing explicit sexual content, or is otherwise inappropriate for Fraternity production.

You agree to not use the 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.

Examples of content considered unacceptable for production under any circumstances include, but are not limited to, designs that: (1) violate the intellectual property rights of others; (2) encourage violence or hate against individuals or groups; (3) attack, harass, or defame others based on race, religion, ethnicity, gender, disability, national origin, or sexual identity; (4) include hate speech or symbols (including but not limited to swastikas, iron crosses, etc.); (5) promote, feature, or encourage the use of alcohol, drugs, and illegal substances in an irresponsible way; (6) feature explicit sex acts or frontal nudity; (7) include sexually suggestive images or text involving children (including nudity); (8) promote, feature, or encourage underage drinking or marijuana use by minors; (9) use an individual’s name or likeness without their permission; (10) contain content that promotes harm to others or profits off the death of another; (11) use lyrics, images, or related artwork associated with a musical act (such as the Guinness® Harp); (12) contain protected material in the description, URL, or title such as the name of a company or team (e.g. McDonalds, HBO, or the St. Louis Cardinals) or the names or likenesses of celebrities, such as athletes or musicians; (13) create a direct or strong association to material affiliated with a professional sports organization (e.g. MLB, NHL, NFL), an institution, such as a university or college (without express permission), a current or past film or television show, a protected organization (e.g. the “USMC” mark belonging to the U.S. Military), or a private brand (e.g. Sony, Facebook, or Toyota).

Examples of content that Sinfonia Custom may or may not produce or require modification before production include but are not limited to designs that: (1) include crass vulgarity or lewd language; (2) feature implicit sex acts; (3) have an overtly sexually connotation or tone, including strong sexual innuendo; (4) involve violent terms or images that are not directed at an individual or group, such as historical images of violence; (5) promote, feature, or encourage illegal activities; (6) might cause public outrage or inspire violence due to a recent event; (7) include other content that would be offensive to the Sinfonia Custom and Fraternity community.

Intellectual Property Claims

Service Users are contractually prohibited from using the service in a manner that infringes the intellectual property rights of others. We respect the intellectual property rights of others, and do NOT welcome infringing content. We encourage you to contact us if you believe that a user of our service has infringed your rights. We promptly evaluate all claims of infringement, and terminate the accounts of repeat infringers.

Sinfonia Custom 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 Website (collectively the “Content”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled, or licensed by Phi Mu Alpha Sinfonia Fraternity of America.

By using the Website, you agree to limit your use of Fraternity Member Marks to uses that are directly related to your relationship to the Fraternity, and to comply with any restrictions or conditions imposed on the use and access of the Fraternity Member Marks by any third parties. Sinfonia Custom will notify you of such terms if your usage is in violation of such terms.

As a condition of using the Service, you agree to submit any and all infringement claims against the Sinfonia Custom users (so called “Copycat Claims”) pursuant to the Fraternity’s existing policies and procedures governing such claims. You further agree, as a condition of using the Service, to waive any and all claims against the Fraternity arising from alleged infringement by you or another user. In addition, you understand that Sinfonia Custom may release your contact information to any entity or individual that satisfactorily alleges a violation of its rights under this section.

The Fraternity takes any allegations of infringement seriously. If Sinfonia Custom receives any complaint or allegation that your design or any resulting merchandise constitutes an unauthorized use of a third party’s rights, you understand that the Service may terminate or delay your production, in its sole discretion. In addition, you understand that Sinfonia Custom may release your contact information to any third party that satisfactorily alleges a violation of its rights.

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 the Fraternity 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. The Fraternity retains the right to display such designs or offer them (or variations of such designs) to other customers.

Sinfonia Custom will consider complaints of possible infringement only from parties that own, or have the exclusive right to, the applicable intellectual property. If you believe that a Sinfonia Custom user has infringed upon your rights, please notify Sinfonia Custom by mail at the address provided in these Terms of Service.

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 Sinfonia Custom, please provide written notice to the following agent for notice of claims of infringement:

Att: Copyright Desk

Sinfonia Custom

10600 Old State Road

Evansville, IN 47711

Tel: 812-867-2433 ext. 100

Email: ip-notices@sinfoniacustom.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.

Repeat Infringer Policy

Sinfonia Custom will terminate, in appropriate circumstances and at Sinfonia Custom’s sole discretion, users who are deemed to be repeat infringers. Sinfonia Custom may also at its sole discretion limit access to the Service or terminate the memberships of any users who infringe or violate any intellectual property or other rights of others, whether or not there is any repeat infringement or violation.

Order Policies

Payment Policies

Sinfonia Custom accepts online payment via credit card or debit card. All payments sent electronically are securely transmitted. Additional payment options may be.

If you purchase any merchandise through the Sinfonia Custom Service, you will be required to provide Sinfonia Custom information regarding your credit card or other payment instrument. You represent and warrant to Sinfonia Custom that such information is true and that you are authorized to use the payment instrument. You will be responsible for all taxes associated with your purchase of merchandise through the Service.

You acknowledge and agree that goods produced by us for you are bespoke, custom-made goods. Other than where goods are structurally defective, you have no right to cancel any order or return any goods and all orders are final.

Your purchase of an item using the Sinfonia Custom Service constitutes a waiver of any and all intellectual property, proprietary, personal, and privacy claims relating to that purchase.

Shipment/Delivery Times

Sinfonia Custom orders are generally delivered within 14 days following design approval. Customers who are concerned about meeting deadlines should contact Sinfonia Custom to make arrangements. Delivery times may vary during the holiday seasons.

Returns Policy

Sinfonia Custom goes to great lengths to ensure that all orders are filled accurately and on time and are of the highest quality. Accordingly, Sinfonia Custom accepts returns and will refund payment if and when customers are disappointed by Sinfonia Custom merchandise for one of the following reasons: (a) the blank items themselves are materially flawed; (b) the quality of the decorating (e.g., the printing or embroidery) is below a reasonable range of expectations; or (c) the design of the final product is materially different from the final design submitted by the customer.

Change & Cancellation Policy

For Standard Delivery orders, you may change or cancel your order within twenty-four (24) hours of submitting your order.

Limit of Sinfonia Custom’s Responsibility

Sinfonia Custom will be responsible for acting only on those instructions sent to Sinfonia Custom that actually are received and does not assume responsibility for malfunctions in communication facilities not under its control that may affect the accuracy or timeliness of any orders you send. Sinfonia Custom 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. Sinfonia Custom 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 this Site, including text, graphics, links or other items, are provided “as is”, “as available.” Sinfonia Custom 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 Sinfonia Custom 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 Sinfonia Custom, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the internet. The Service has no control over such sites and resources and Sinfonia Custom is not responsible for and does not endorse such sites and resources. The Service will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that The Service is not liable for any loss or claim that you may have against any such third party.

You may enable certain components of the Service or log in to the Service via certain third-party social networking services, such as Facebook (“Social Networking Services”). By directly integrating these Social Networking Services into the Service, we make your online tools and experiences richer and more powerful and personalized. To take advantage of these features and capabilities, we may ask you to authenticate, register for or log into those Social Networking Services. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy.

Please remember that the Service has no control over the way Social Networking Services use, store and disclose your information. Please review their policies to understand their privacy-related practices. The Service also has no control over the content made available through any Social Networking Service. Please review their policies to understand their content-related practices. The Service does not have any liability or responsibility for the acts or omissions of any of the Social Networking Services accessed through the Service. The Service enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

Termination

Sinfonia Custom, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Sinfonia Custom Service and remove and discard any content within the Sinfonia Custom Service, for any reason. Further, you agree that Sinfonia Custom will not be liable to you or any third party for any termination of your access to the Sinfonia Custom Service.

Governing Law

This Agreement shall be governed by the laws of the state of Indiana, and, where applicable, by federal law.

Indemnity

You agree to defend, indemnify, and hold the Fraternity 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 Site and the Service, your violation of this Agreement, or your violation of any rights of another.

Limitation of Liability

The Fraternity will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if the fraternity has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any merchandise, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; or (iv) any other matter relating to the service.

We may use third-parties to provide certain services accessible through the website, and will not be liable to you for their acts or omissions

You specifically acknowledge and agree that we will not be liable for the illegal, offensive, or defamatory conduct of others, including any such conduct by you, and that you bear all risk and liability associated with your content.

You hereby release the Fraternity and its owners, officers, directors, managers, representatives, affiliates, successors, assignees, agents, subsidiaries, employees, and business partners from any and all claims, demands and damages of every kind and nature, known and unknown, arising out of, relating to, or in any way connected with your use of the website and services. If you are a resident of California, you waive California civil code § 1542 which states “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”