We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of any Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Subject to these Terms of Use, you may be allowed to post, submit, publish, display or transmit content (such as reviews, comments, photos, videos, suggestions, ideas, questions and other information) through the Services, (“User Content”) provided that such User Content does not include content that is false, inaccurate, misleading, 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 viruses or other malicious or technologically harmful material, commercial solicitations, political campaigning, 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 third party or otherwise mislead as to the origin or endorsement of any User Content. Blink, in its sole discretion, has the right (but not the obligation) to monitor, edit or remove any activity or content, including User Content, provided through the Services, but Blink does not screen or regularly review such activity or content. Blink takes no responsibility and assumes no liability for your User Content or for any content of any third party.
As between you and us, you will retain ownership of your User Content. By providing User Content, you grant Blink the right to access, copy, use, reproduce, store, reformat, adapt, modify, create derivative works of, distribute, transmit, publish, publicly display and publicly perform any such User Content for the purpose of providing the Services to you or for your benefit, including by fulfilling your order, fulfilling our obligations under these Terms, enforcing these Terms, marketing products or services to you and for such other purposes that you may permit.
As to User Content that you provide, you represent and warrant that you own or otherwise control all rights in and to that content; that such content is valid, accurate and complete; and that neither such content, nor any use of such content (including any derivative works of such content) does or will violate these Terms of Use or the rights of any third party and will not cause injury to any other person. You agree that you will indemnify Blink for all claims resulting from User Content that is provided by you or on your behalf.
If you submit or make available to us any User Content for incorporation into a design project or other creative-services project (“Project”), you agree that all rights in and to the work product for such Project, including all design and/or written copy that we prepare for you, are retained by Blink. We further reserve the right to use any such work product, including final Project products, as sample work for advertising and promotional purposes and for internal purposes and you irrevocably grant us all rights and licenses necessary or useful for us to benefit from the foregoing. All Projects may be subject to separate Service Terms in addition to these Terms of Use.
You understand and agree that the Services include content provided or made available by third parties, such as product listings, product descriptions and other materials. Any third-party content available through the Services is solely the responsibility of the person providing that content and such content does not reflect the opinion of Blink or act as an endorsement by Blink. Blink is not responsible or liable for content available through the Services. Blink does not warrant that product listings, product descriptions or other content available through any Service is accurate, complete, reliable, current, or error-free, and Blink disclaims all liability and responsibility arising from any reliance placed on such content by you or any third party.
We reserve the right to withdraw, amend or discontinue all or part of the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to all or some parts of the Services. Although we may update the Services from time to time, but any content available through the Services is not necessarily complete or up-to-date. Any of the content available through the Services may be out of date at any given time, and we are under no obligation to update such content.
As part of the Services, you may be able to submit purchase orders for products available through the Services. Purchase orders are not accepted until we notify you that your order has been accepted, and all such purchases are subject to separate fees and may be subject to a separate agreement with Blink and/or separate agreements with third parties who are responsible for completing, delivering or otherwise fulfilling your order. We do not control such third-parties and your order may be affected by circumstances outside of our control. While we will use all reasonable efforts to ensure orders are delivered within the estimated delivery timeframes, we are not responsible or liable for any shipping delays. You agree to hold us and any such third-parties harmless from and against any loss, cost or expense in connection with purchases through the Services. We do not warrant that product images or product descriptions or other content of the Services is accurate, complete, reliable, current, or error-free. Unless specifically noted, prices are referenced in United States Dollars and do not include taxes or surcharges. Actual prices may vary from prices presented and will be finalized once an order is submitted. All orders are made pursuant to a shipment contract unless expressly noted otherwise, meaning that the risk of loss and title for such items pass to you upon delivery to the carrier. If permitted by the applicable jurisdiction, we will assist with customs clearance, otherwise you assume all risks and responsibilities for import clearance and duties. Once an order is placed, orders cannot be changed or cancelled unless otherwise noted. Returns may be permitted if the product is defective, the incorrect quantity is received or, as determined in our discretion, is materially nonconforming and such nonconformance is not attributable to you. Unless otherwise stated, returns must be initiated within 5 days of receipt by notifying us and specifying the reason for the return, in which case, we will, at our option, either replace the product, including reprinting the product if appropriate, or refund the purchase price, such remedies being your sole remedies for any defective or nonconforming product, and excluding, to the fullest extent permitted by law, any other remedy available by law.
We may impose limits on transactions (including by number and dollar figure) initiated through the Services that we determine are appropriate to comply with applicable law or protect our interests or the interests of third parties. We will not be liable to you or any person for transactions that are not completed as a result of any exceeded transaction limits.
The Services may contain links to other websites and resources provided by third parties. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Blink has no control over the contents of those sites or resources (including their products) and accept no responsibility for them or for any loss or damage that may arise from your use of them or for any transaction you conduct with those third parties. If you decide to access any of the third-party websites, or complete a transaction with any third party, you do so entirely at your own risk and subject to the privacy policies and the terms and conditions of use for such websites.
Blink makes no claims that all or any part of the Services are accessible or appropriate outside of the United States. Use of, or access to, the Services may not be legal by certain persons or in certain countries. In accessing or using the Services, you are doing so on your own initiative and are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country under sanctions or embargoes administered by any applicable government authority or are a foreign person or entity blocked, denied or restricted by any applicable government authority, and you may not export, re-export or transmit, whether directly or indirectly, any commodities, software or technology to any person or country subject to such sanctions, embargoes or restrictions. Unless otherwise explicitly stated, the Services, and all materials available through the Services, are solely directed to persons located in the United States.
You agree to defend, indemnify, and hold harmless Blink (and our affiliates and our and their respective officers, directors, employees and agents) from and against any claim or demand, including any losses, damages, costs, fees (including reasonable attorneys’ fees) arising out of or relating to any violation of these Terms of Use, any improper use of the Services or any breach of any law or right of a third party, in each case, whether by you or on your behalf, including by any person accessing or using your account.
THE SERVICES AND ALL INFORMATION, CONTENT, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”. BLINK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PROVIDED BY LAW, BLINK DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLINK DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, OUR SERVERS OR ELECTRONIC COMMUNICATIONS SENT THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PROVIDED BY LAW, BLINK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BLINK SERVICE, OR FROM ANY INFORMATION, CONTENT, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH ANY BLINK SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if Blink is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree that the Services shall be deemed solely based in Ohio and shall be deemed passive that do not give rise to personal jurisdiction over Blink, either specific or general, in any jurisdiction other than Ohio. You agree that the internal laws of the state of Ohio will govern any dispute of any sort that might arise between you and Blink without regard to principles of conflict of laws or the Convention on Contracts for the International Sale of Goods. You agree to submit to the personal jurisdiction of the federal and state courts located in the city of Cleveland, Cuyahoga County, Ohio for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights. If you are a consumer, this agreement does not exclude any rights you may have under the consumer laws of your jurisdiction.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such entity and bind the entity to these Terms of Use. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and us by these Terms of Use.
No waiver by Blink of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Blink to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
You agree that we may provide all legal communications and notices to you electronically by posting them on the Website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered an account at the Website. You may withdraw your consent to receive communications from us electronically by contacting us.
These Terms of Use, any Service Terms, our Privacy Policy, and any other agreements you may enter into with Blink in connection with any Service shall constitute the sole and entire agreement between you and Blink regarding the Services.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
The following Sections survive any termination of these Terms of Use: Acceptance of Terms of Use; Fees, Taxes and Payment; Content; Copyright and Trademark; Indemnification; Disclaimer of Warranties, Limitation of Liability; Limitation on Time to File a Claim; Governing Law; Disputes; and General.
When you order or register from our website, you’ll be asked to enter your name, email address, mailing address, phone number, payment information, and other information to help you with your experience on our site.
We collect the information whenever you place an order and fill out forms. We also collect information when you respond to our survey or marketing communication or while surfing the website.
We scan our websites regularly to avoid any security loopholes and protect from any vulnerabilities. We want to make your visit to our website as safe as possible. Your information is kept on secured networks and is accessed by authorized personnel only to keep the information confidential. Also, all the transaction information is encrypted with SSL (Secure Socket Layer) technology. We use a gateway provider; therefore, no transactions are stored or processed on our servers.
No, we currently do not use cookies on our website.
We do not sell, trade or transfer any personal information we acquire from you to outside parties.
We do not use third party links on our website.
BlinkSwag may, in its sole discretion, add, delete or change the pricing of its products and services at any time and without notice. All pricing, including costs and taxes, are quoted in Embroidery, Print Collateral and Custom Manufactured Items: Due to the custom nature of embroidery or customized items, we cannot accept returns or exchanges unless the item has a clear manufacturer or embroidery defect.
After marketing materials have been proofed and approved by you, BlinkSwag employs a strict no-refund policy. Since you customize every part of your artwork for your marketing communications, it is important to review your submission, and if relevant, the proof carefully before you submit your request through the Application Services. BlinkSwag will not be responsible for your negligence in proofing materials. In the event you receive marketing materials from BlinkSwag which looks substantially different than your proof, BlinkSwag, at its sole discretion, will remedy the error by (i) re-producing the job correctly, or (ii) issuing a credit to a future job of the same manufacturing/electronic specifications.
BlinkSwag manages non-customized, inventoried marketing material available for ordering. In the event you would like to return an item, a full refund will be given provided the return ship-date on the item is within 30 days of original receipt of the item and the item is in its original packaging.
BlinkSwag manages non-customized, inventoried marketing material available for ordering. In the event you would like to return an item, a full refund will be given provided the return ship-date on the item is within 30 days of original receipt of the item and the item is in its original packaging.
