TERMS OF SERVICE
Effective March 30, 2016
Smart Screen Networks, Inc. (“Smart Screen,” “We” or “Us”), the owner of the SelfieTee (TM) application (the “App”) welcomes you to our community!
Before you begin using the App, please read the following Terms of Service ("Terms") carefully. These Terms govern your use and access to the App, including functionality available through the App, which may be provided by third parties, during both any free trial period and any future access or use.
We reserve the right to modify these Terms at any time. If these Terms change, the revised Terms will be accessible through the App. We will also change the "updated" date on this page to reflect the date of the modification. Please check back periodically. In addition, when using particular elements of the App, additional policies, guidelines, rules, and terms may apply, which are hereby incorporated by reference into these Terms.
If you need more information or have any questions about specific orders, please feel free to contact us at SUPPORT@SELFIETEE.CO and please include any Order Number in question or specific questions with evidence as needed.
No requests for Order Status may be made prior to 7 (seven) business days after the order is placed. Please read Shipping and Average Delivery Times for more information on shipping before contacting us.
The SelfieTee App is the only place to purchase the SelfieTee, a customized product consisting of a shirt with a direct-to-garment print of your choosing with customizable printed text underneath it. This product is generated as a custom service to the customer and is only intended to be used in that specific manner, as it is available in the application itself. This manner may change at any time in the future as updates are made to the App, including an expansion to allow more color shirts, different crop styles, different type of shirts and more, which may or may not incur more cost to the customer.
The type and style of shirt used may change in the future at any time, but initially the product will be a white shirt and the style will be a basic unisex shirt of any size. The type of shirt provided will be a Gildan 50/50 shirt.
Manufacturer and Type of Product
The actual manufacturer and printer of the shirts is Scalable Press. Scalable Press white labels the fulfillment of all SelfieTee products. Products, order numbers and tracking are all formed in the back end via Scalable Press API.
Tracking information is provided by Scalable Press and their shipping partner, which at the time of the writing of these Terms of Service was either DHL or USPS.
Our products may have limited quantities according to availability of Scalable Press and are subject to refund only according to our Refund Policy. There are no Returns. We have made every effort to display as accurately as possible the colors and images of our products that appear within the app on the Preview screen. We cannot guarantee that your device’s display of any color or the representation will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Shipping and Average Delivery Times
Average time to print an order is 3 (three) business days. The first business day cut off is 2PM Eastern Time. Orders placed after 2PM Eastern Time are considered part of the next business day’s order (orders placed on Friday after 2PM Eastern, for example, will be processed on the following Monday unless it is a holiday, in which case it will be placed Tuesday).
Once printing is completed, shipping will ensue and will be shipping from the closest manufacturing facility based on the destination address. At the time these Terms were written, the only facility that will handle printing is the one located in Indianapolis, Indiana and average time in transit once processed by the shipping partner is 2-4 (two to four) business days.
Orders can be shipped to most countries internationally. Shipping costs are calculated appropriately at quote time. Transit times are generally longer than domestic shipments by 5 business days, but occasionally take more than 15 business days.
Modifications to the Service and Pricing
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
All products are sold “as is” and you the customer assume responsibility for the purchase. No refunds, exchanges or returns will be issued, unless you submit evidence of a qualifying circumstance, limited to the following:
Order never arrives at destination or is undeliverable, which is confirmed by Tracking Information on order shipment
Order is physically damaged with photographic evidence submitted along with Order Number, in which case a Replacement Order will be generated
The App allows you to take photographs (the “Content”). The App allows you to access photos on your device. The App then allows you to create a customized product to order, which initially will be limited to shirts but may in the future include other goods such as mugs, hats, other garments and more. We reserve the right change the App and the features of the App at any time.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
You are responsible for maintaining the security your phone, tablet or other electronic device (“Device”) that contains the App.
You are responsible for all Content and activity created or shared using the App.
You may not use the App for any illegal or unauthorized purpose. You must not, in the use of the App, violate any laws in your jurisdiction (including but not limited to copyright laws). You agree that if you engage in illegal or unauthorized use of the App, you will be solely responsible for your illegal or unauthorized use, and will indemnify us from any claims arising out of your illegal or unauthorized use.
While using the App, you agree:
1. The Content is either content created by you, or content that you have the permission of the intellectual property owner to duplicate.
2. You will not violate any applicable laws or regulations, including all laws protecting copyrighted, trademarked, trade secret, or other intellectual property;
3. You will not include in your Content any threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law.
4. You will not include in your Content any image, sound or word(s) that promote bigotry, racism, hatred or harm against any individual or group.
5. You will not include in your Content any image, sound or word(s) that are in violation of any rights of any third parties, including intellectual property laws.
6. You will not modify, sublicense, adapt, translate, reverse engineer, sell, decompile or disassemble any portion of the App.
7. You will not collect information about users of the App without their express consent.
8. You will not use the App to abuse, harass, threaten, stalk or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity.
9. You will not transmit any software or other materials that contain any viruses, worms, Trojan horses, defects or other items of a destructive nature.
10. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
We may suspend or terminate your access to and use of the App immediately if you fail to comply with the above terms.
You hereby grant to us and our third party providers and designated agents and subcontractors a non-exclusive, royalty-free license to use, publish, copy, modify, create derivative works of, transmit, display and distribute your Content for the sole purpose of delivering features offered in the App. In addition, you warrant that all moral rights in any Content and uploaded materials have been waived and do hereby waive any such moral rights.
Intellectual Property Rights and Content Ownership
Smart Screen’s Intellectual Property
a) The App’s designs, graphics and logos, and certain other names or logos, including the "look" and "feel" of the App (including color combinations, button shapes, layout, design and all other graphical elements) are protected trademarks, service marks and copyrights of Smart Screen (the “Smart Screen IP”). All other product and service marks are the trademarks of their respective owners.
b) Subject to and conditioned upon your compliance with these Terms, we grant to you a revocable, non- exclusive, non-transferable, non-sublicensable right to access the App. Except for such limited right to access the App in accordance with these Terms, the Smart Screen IP and any text, sounds, data, links graphics, and other materials incorporated into the App (other than your Content) and the overall “look and feel” of the App remain the property of Smart Screen or its licensors or suppliers. You may not use, reproduce, distribute, sell, resell, duplicate, modify, transmit, or use the App or any portion thereof for any commercial purpose without our written consent.
d) You acknowledge and agree that by sharing your Content through the App, images, video and audio may be public, and will be viewed and accessed by members of the public.
e) You understand that by using the App and sharing the Content among individuals and groups of your choice, you are consenting to third-party use and access to your Content. You further understand that we will not be responsible or liable for third-party use of your Content.
Copyright Violations and the DMCA
We are committed to protecting copyrights and expect users of the App to do the same. At our discretion and in appropriate circumstances, we may terminate or prevent access to all or part of the App’s features by users who infringe the intellectual property rights of others.
We abide by the federal Digital Millennium Copyright Act ("DMCA"). If you believe that a user’s Content is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights or other intellectual property in that work, please immediately notify us of any such copyright or other intellectual property rights infringement. Similarly, if you disagree that your Content constitutes an infringement, you may send a counter-notification. In either case, your written notice should be sent to our designated agent as follows:
Attn: DMCA Complaints
2240 Encinitas Blvd, Suite D4747 Encinitas, CA 92024, United States Email:
Please note that third party providers such as Facebook have their own DMCA procedures. If you believe a user on a third party site is infringing on your propriety work, please use that third party’s DMCA complaint procedure.
Copyright infringement Notification
To file a copyright infringement notification, please send us written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements). To expedite our ability to process your request, please use the following format:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you disagree that your Content is an infringement of another’s work, you may elect to send us a counter notice. To be effective your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements) To expedite our ability to process your request, please use the following format:
A physical or electronic signature of the subscriber.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please also note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of these Terms. Before sending either a copyright infringement notification or counter- notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our rights and obligations under the DMCA and do not constitute legal advice. Where applicable, we will comply with the procedures outlined in the DMCA.
Links to Third Party Sites and Applications
Third Party Service Providers
From time to time, we may partner with various third parties and applications to provide additional functionality to the App ("Third Party Functionality"). Such Third Party Functionality may be subject to additional terms and conditions which will be made available to you as you access such functionality. You hereby warrant that you will comply with all such third party terms and conditions with respect to the Third Party Functionality. You acknowledge and agree that such Third Party Functionality may be terminated by us at any time for any reason without any right of refund of any fees paid. While we will make reasonable efforts to notify you before terminating any such Third Party Functionality, failure to so notify will not be breach of these Terms.
Cancelling or Terminating Access to the App
We reserve the right to cancel and/or terminate your access to and use of the App for any reason, including if we, in our sole discretion, determine that you have violated these Terms.
Customer Policy for Idea Submission
Many of our customers are interested in submitting ideas for products and services to be used at Smart Screen, either independent of, or in conjunction with, our internally developed concepts. We appreciate our customers' interest in improving our service; however, please note our policy on external idea submission:
1. Unsolicited ideas submitted to Smart Screen or any of its employees automatically become the property of Smart Screen.
2. By submitting unsolicited ideas to Smart Screen, you automatically forfeit your right to the intellectual property of any of these ideas.
If you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your concepts or prototype samples to Smart Screen or our employees. Instead, please send a message to and describe ONLY the general application.
If we think there is opportunity to pursue your idea further, we will contact you. Please note that a legal agreement may be required by Smart Screen in order to evaluate your concept(s).
You acknowledge that we may amend this App at any time, as needed to help maximize the operation and availability of the App and to prevent abuses. We reserve the right to monitor and to identify excessive use of network resources and to take technical action or other remedial measures as we deem appropriate to maintain a fair level of service for all members.
Neither Smart Screen nor our third party providers shall be liable to you for any modifications, suspensions or discontinuance of the App.
If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
These Terms constitute the entire agreement between you and Smart Screen with respect to this App, and supersede all other communications, written or oral, with regard to the App. The failure of Smart Screen to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
U.S. Government Restricted Rights
All materials, information, software and other products supplied by or through the App are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in these Terms and as provided in FAR 12.212(a) (1995), FAR 52.227-19, FAR 52.227-14 (ALT III), DFARS 227.7202-1(a) and 227.7202-3(a) (1995) and DFARS 252.227-7013 (c)(1)(ii) (OCT 1988) et seq. or their successors. Use of any of such by the Government constitutes acknowledgment of our or our suppliers' proprietary rights in them. In the event that the Terms, or any part thereof, are deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail.
You agree to indemnify, defend and hold Smart Screen, Smart Screen’s officers, directors, employees, agents, licensors, suppliers and any third-party providers to the App harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of these Terms, or any activity related to access to or use (including negligent or wrongful conduct) by you or any other person accessing the App on your Device (ii) any Content you create with, or share using, the App; and/or (iii) a claim that your Content infringes third party intellectual property rights.
You further agree that you will indemnify and hold Smart Screen and its third party providers harmless in respect to any claim of violation of a third party's rights or intellectual property laws.
Choice of Law
The parties agree that these Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the state of California, without regard to its conflict of law provisions, and hereby consent to jurisdiction and venue in the courts of the state of California, county of San Diego.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
You are responsible for compliance with all local laws, and you are required to comply with U.S. export laws and regulations when you use or export any software or materials provided through the App.
Disclaimer of Warranties
THE APP, CONTENT AND/OR MATERIALS AVAILABLE THROUGH THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SMART SCREEN AND ITS THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. SMART SCREEN MAKES NO WARRANTY THAT THE APP’S FUNCTIONS AND/OR FEATURES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THE APP OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMART SCREEN AND ITS THIRD PARTY PROVIDERS MAKE NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE APP. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SMART SCREEN OR THROUGH THE APP WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SMART SCREEN NOR ITS THIRD PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE APP, FROM ANY CHANGES TO THE APP, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT SMART SCREEN AND ITS THIRD PARTY PROVIDERS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU UNDERSTAND AND AGREE THAT CONTENT IS CREATED AND SHARED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT. FURTHER, SMART SCREEN WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE WEBSITE OR THROUGH THE APP.
YOU UNDERSTAND AND AGREE THAT SMART SCREEN WILL NOT BE LIABLE FOR YOUR CONTENT AND EXPRESSLY DISCLAIMS ALL LIABILITY RELATING THERETO.
YOU AGREE THAT THE AGGREGATE LIABILITY OF SMART SCREEN AND ITS THIRD PARTY PROVIDERS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE APP IS LIMITED TO THE PURCHASE PRICE OF THE APP OR $100 (US$), WHICHEVER IS GREATER. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SMART SCREEN HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.