Welcome to 23Monkeys.com (the "Site"). 23Monkeys.com offers a service by which t-shirts may be printed on demand and purchased by registered users of the Site. 23Monkeys.com and/or its affiliates ("23Monkeys") provide website features to you subject to the following conditions. If you visit or shop at (or upload any designs, images, or other content to) 23Monkeys.com, you accept the following terms and conditions (collectively, the "Terms"). Please read them carefully. If you do not agree with these Terms, you will be unable to access, use, and/or shop at this Site.

1. Privacy Policy.

To understand our privacy practices, please review the privacy notice located here.

2. Electronic Communications.

When you visit 23Monkeys.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. Copyright.

All content included on this Site, such as text, graphics, logos, button icons, images, designs, audio clips, digital downloads, data compilations, and software, is the property of 23Monkeys or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of 23Monkeys and protected by U.S. and international copyright laws. All software used on this Site is the property of 23Monkeys or its software suppliers and protected by United States and international copyright laws.

4. Trademarks.

23Monkeys.com and other 23Monkeys.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of 23Monkeys in the U.S. and/or other countries. 23Monkeys' trademarks and trade dress may not be used in connection with any product or service that is not 23Monkeys', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits 23Monkeys. All trademarks not owned by 23Monkeys that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by 23Monkeys.

5. License and Site Access.

23Monkeys grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with 23Monkeys' express, prior written consent. This license does not include any resale or commercial use of this Site or its contents; any collection or use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without 23Monkeys' express, prior written consent of 23Monkeys. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of 23Monkeys without express written consent. You may not use any meta tags or any other "hidden text" utilizing 23Monkeys' name or trademarks without 23Monkeys' express, prior written consent of 23Monkeys. Any unauthorized use terminates the licenses granted to you in these Terms.

6. Your Account.

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or 23Monkeys has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 23Monkeys has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). 23Monkeys is concerned about the safety and privacy of all its users, particularly children. 23Monkeys does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use 23Monkeys.com only with involvement of a parent or guardian. Please remember that the Site is designed to appeal to a broad audience. Accordingly, if you are the legal guardian of a minor child under 18, it is your responsibility to determine whether any of the Site areas and/or content are appropriate for your child. 23Monkeys reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in 23Monkeys' sole discretion.

7. Reviews, Comments, Images, Designs, and Other Content.

We encourage visitors to post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. 23Monkeys reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you post content or submit material (other than a t-shirt design), you grant 23Monkeys a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant 23Monkeys and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify 23Monkeys for all claims resulting from content you supply. 23Monkeys has the right but not the obligation to monitor and edit or remove any activity or content. 23Monkeys takes no responsibility and assumes no liability for any content posted by you or any third party.

The following terms apply to your submission of t-shirt designs ("Designs"): 23Monkeys does not claim ownership of Designs you submit or make available for inclusion on the Site. However, with respect to Designs you submit or make available for inclusion on t-shirts purchased by 23Monkeys customers, you grant 23Monkeys a worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Designs on the Site, reproduce the Design on the t-shirts being offered for sale and/or sold, sell t-shirts bearing the Design, change or rework the Design by making color or size changes, making derivative works of the Design, and use the Design on promotional material for the Site. This license is sublicenseable to 23Monkeys' subcontractors who are engaged to print the t-shirts that customers purchase, as well as to customers, to enable such customers to purchase t-shirts that display the Design, and to display the Designs on the t-shirts that such customers purchase. The sublicense is perpetual and irrevocable once granted. The license to 23Monkeys exists only for as long as you elect to continue to include such Designs on the Site and will terminate at the time you request that 23Monkeys remove, or 23Monkeys elects to remove, such Designs from the Site.

You acknowledge that the Design is your own original work and does not contain any trademarks, logos, copyrighted material, or any other intellectual property belonging to any third party, or any material, which 23Monkeys in its sole discretion, deems to be profane or offensive. You acknowledge that 23Monkeys reserves the right to decline to select an Design for consideration for any reason. The decisions of 23Monkeys are final and binding.

If your Design is selected for use by 23Monkeys, you will receive: Five Dollars (US $5) cash per t-shirt that is sold on which your Design is reprinted, provided that the t-shirt is not returned by the customer within thirty (30) days following receipt. 23Monkeys reserves the right to change these payment terms at any time, by posting them on the Site, and changes will be effective upon posting. Payment will be based on the terms in effect when your Design is selected. You alone will be responsible for the payment of any tax that arises as a result of receiving payment from 23Monkeys.

8. Copyright Complaints.

23Monkeys respects others' intellectual property. If you believe your work has been copied in a way that constitutes copyright infringement, please refer to Section 19 below.

9. Risk of Loss.

All items purchased from 23Monkeys are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

10. Product Descriptions.

23Monkeys attempts to be as accurate as possible. However, 23Monkeys does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by 23Monkeys itself is not as described, your sole remedy is to return it in unused condition.

11. Pricing.

Except where noted otherwise, the list price displayed for products on our website represents the full retail price listed on the product itself. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

12. Affiliated Sites

We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their sites. 23Monkeys does not assume any responsibility or liability for the actions, product, or content of any third parties. You should carefully review their privacy statements and other conditions of use.

13. Warranty Disclaimer.

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY 23MONKEYS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. 23MONKEYS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 23MONKEYS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. 23MONKEYS DOES NOT WARRANT THAT THIS SITE, OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ANY E-MAIL SENT FROM 23MONKEYS, IS FREE OF VIRUSES OR HARMFUL COMPONENTS.

The Site is controlled and offered by 23Monkeys from its facilities in the United States of America. 23Monkeys makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and risk, and are responsible for compliance with local law.

14. Limitation of Liability.

23MONKEYS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

15. Applicable Law.

By visiting 23Monkeys.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and 23Monkeys.

16. Venue.

Any dispute relating in any way to your visit to 23Monkeys.com or to products or services sold by 23Monkeys or through 23Monkeys.com shall be adjudicated in any state or federal court in Santa Clara County, California, and you consent to exclusive jurisdiction and venue in such courts.

17. Site Policies, Modification, and Severability.

Please review our other policies, such as our privacy policy and our pricing policy, posted on this Site. These policies also govern your visit to 23Monkeys.com. We reserve the right to make changes to our Site, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

18. Our Address.

23Monkeys.com
200 Middlefield # 110
Menlo Park, CA 94025
http://www.23Monkeys.com

19. Notice and Procedure for Making Copyright Infringement Claims

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide 23Monkeys.com's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying 23Monkeys that your copyrighted material has been infringed.

• An electronic or physical signature of the copyright owner, or the person authorized to act on behalf of the owner of the copyright interest, along with such individual's printed name, address, telephone number, and email address;
• A description of the copyrighted work that has allegedly been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

23Monkeys.com's address for notice of copyright infringement claims is:

Copyright Agent
23Monkeys.com Legal Department
200 Middlefield # 110
Menlo Park, CA 94025
e-mail: legal@23Monkeys.com