Terms & Conditions

Welcome! Inky Transfers is committed to supplying high-quality DTF transfers to all businesses, big or small, with exceptional turnaround times while connecting with you, through outstanding customer service.

You understand and agree that by using our site and/or placing an order with Inky Transfers, that you are entering into a binding legal agreement on the following Terms & Conditions. Further, you agree to use our site solely as described in these Terms & Conditions.
Inky Transfers reserves the right to amend and make changes to this Terms & Conditions at any time without prior notice at its sole discretion.
Our exclusive purpose is to print your lovely designs. You take full responsibility and indemnify the company for any legal issues or ramifications.

Our Terms & Conditions (“Terms” or “Agreement”) are entered into by and between you and Inky Transfers (“Inky Transfers,” or “we,” or “us,” or “our”). Inky Transfers provides a service that enables you to order high-quality DTF transfers with almost any design of your choice (hereinafter, “Services”). We make our Services available through our website: https://www.inkytransfers.com/.

By using our Services, you represent and warrant that you have read, understand, and agree to be bound by, this Agreement and Inky Transfers' Privacy Policy

IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY OUR TERMS AND PRIVACY POLICY, DO NOT ACCESS OR USE OUR SERVICES.

By entering into this Agreement, you represent and warrant that you are least 18 years old. If you are entering into these Terms on behalf of legal entity, you represent and warrant that you have the authority to bind this legal entity. IF YOU FAIL TO MEET THESE REQUIREMENTS, YOU MAY NOT ACCESS OR USE OUR SERVICES.

Intellectual Property

By using our Services, you represent and warrant that you own, have legally licensed, or have the requisite rights to reproduce all the designs you provide us with (hereinafter, “Content”). You hereby grant us, our websites, and third-party affiliates, a worldwide, royalty-free, nonexclusive, assignable and sublicensable limited license, to manufacture and produce your Content for you through our Services. If Inky Transfers seeks to use, display, publish, or distribute your Content in any format now known or later developed for the purpose of promoting our Services, it will first obtain your prior written approval. You are solely responsible for all content that you submit through our services. You represent and warrant that you own or have obtained all intellectual property rights in your content, including without limitation, the right to manufacture, distribute, or sell products that include your content. Further, you represent and warrant that:

1. You provide us with rights as set forth in these Terms;
2. Your Content and the manufacture, distribution or sale of products that include your Content does not and will not infringe the intellectual property rights of any person or legal entity, including without limitation any copyright, moral rights, trademark, patent, right of publicity or right of privacy;
3. Your Content is free of inaccurate, misleading, invasive of privacy, incomplete, defamatory or libelous obscene, false, threatening, pornographic, indecent, harassing, harmful, in violation of anyone’s rights, including their privacy or publicity rights, abusive, inflammatory or otherwise objectionable materials;
4. Your Content is accurate, not misleading or otherwise deceptive.

Inky Transfers does not always review the content and is not responsible for any content made available by you through our services. Inky Transfers reserves the right to evaluate the content and to refuse to complete our services if we determine the content violates these terms or our rules, policies, or procedures. You understand that our Services are based on the Content submitted by users that may be in the form of designs, images, pictures, text, photographs, graphics, or other materials submitted or displayed through our Services. Is it your responsibility to make sure that you are fulfilling your legal responsibilities and not violating anyone's rights or breaking any applicable laws by submitting the Content through our services. As long as you are in compliance with these Terms and our rules, policies and procedures, Inky Transfers grants you a limited, non-exclusive, revocable, non-transferable license, without right of sublicense, to use our Services solely for the purposes intended under these Terms. If you believe that your work has been copied in a way that constitutes intellectual property infringement, or if you see any infringing content available through our services, please contact us through e-mail: inkytransfers@gmail.com.

Third-Party Websites

Inky Transfers may include links to other websites through our Services that are not owned or controlled by Inky Transfers. Those links are provided for convenience only and may not be up to date. INKY TRANSFERS DOES NOT BEAR ANY RESPONSIBILITY FOR THIRD-PARTY WEBSITES.

Orders

You can place orders by registering an account with us. All orders should be made through our Website. We reserve the right to set quantity limits on any order, to reject all or part of an order, even after you placed the order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required to process your order.

Payments

Prior to placing an order through our Website, you will need to provide your payment information to us or to any designee we may appoint. Your order information should include all relevant information, including, but not limited to, credit card number, expiration date, billing and shipping address. You represent and warrant that you have the legal right to place an order with the used payment method. You acknowledge and understand that we have an obligation to treat all information provided to us in accordance with our Privacy Policy. By providing us with the right to share your information with third parties in order to complete transactions made by you or on your behalf through our Services. We may contact you if we need to verify your information prior to acceptance of any orders through our Services.

Taxes and Shipping Information

If any taxes apply to your order, they will be shown during the checkout process prior to finalizing your order. Shipping charges are billed separately and will be shown during the checkout process prior to completing your order. We will do our best to deliver all orders on-time. We cannot guarantee that our shipping providers will not face any shipping delays or problems. Inky Transfers shall not be liable for such delays or problems.

Order Issues

We do not warrant that all descriptions, images, pricing or other information available through our Website is accurate, complete, updated, or mistake-free. If you believe that your order does not meet the specifications, contact us at inkytransfers@gmail.com as soon as possible so that we may address the issue.

ACCOUNT INFORMATION

Account Registration and Confidentiality

In order for you to use our Website or Services, you must register an account. When creating an account, you are required to provide accurate, complete and updated information. In addition, you must update your account information as soon as possible. We may from time to time ask you for additional information confirming your identity, such as government identification, payment information, and tax information, among others. Once you register an account, we will provide you with login credentials. You are solely responsible for all actions made via your account, regardless of whether they are authorized, and for keeping your account username and password confidential. You agree to notify us right away of any breach of security or unauthorized use of your account. We are not liable for an unauthorized use of your account. We reserve the right to require you to change your username or password if we have reason to believe either is no longer secure. You may never use another user’s account.

Disclosure of Account Information

You acknowledge and agree that we may access, retain and disclose your account information, or Content if required to do so by law or in a good faith belief that any access, retention or disclosure is reasonably necessary to: (1) enforce these Terms or our rules, policies or procedures; (2) respond to your requests for customer service purposes; (3) address a legal notice or comply with legal process; or (4) protect the rights, property or personal safety of Inky Transfers, our users, or the public.

Termination of Account

We reserve the right to terminate or suspend your account and access to our Services if you are found to be in violation of these Terms or any of our policies in our sole discretion. We may also suspend or terminate your access to all or any part of our Services or your account at any time, with or without cause, with or without notice, effective immediately. You may also terminate these Terms at any time by terminating your use of our Services. Finally, if these Terms are terminated for any reason, the rights and licenses granted to you hereunder will immediately terminate. We will have no liability to you for any damages, loss of profits or other claims arising from the termination or suspension of your access to our Services or your account. If you believe that your access to our Services or your account shouldn’t have been suspended or terminated, please email us immediately at inkytransfers@gmail.com.

DISPUTE RESOLUTION

Governing Law

These Terms are governed by the laws of the State of Idaho, without regard to conflict of law provisions. You and we expressly agree that any claim or dispute must be resolved exclusively by a state or federal court or arbitration located in Boise, Idaho, except as described in the Arbitration section below or as otherwise mutually agreed by the parties to this Agreement.

Arbitration

Please read this agreement to arbitrate carefully to understand your rights. By electing arbitration, you and we agree to arbitrate any claims, to the fullest extent permitted by law, unless you opt-out in accordance with the terms below. You and we agree that all such claims will be arbitrated on an individual basis and not as a proposed class action. Whether or not you opt-out, however, you are giving up a right to trial by jury. You and we understand that discovery and appeal right are more limited in arbitration.

The arbitrator, and not any federal, state, local, or other court or agency, will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these terms and this agreement to arbitrate, including but not limited to, any claim that all or any part of these terms of this agreement to arbitrate is void or voidable.

Users Residing in the United States

For users in the United States, the arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at adr.org/consumer or by calling 1-800-778-7879.

Users Residing Outside the United States

For users outside of the United States, any controversy or claim arising out of or relating to these Terms, or the breach thereof, will be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Expedited Procedures (“ICDR Expedited Procedures”). The arbitration will be decided by a sole arbitrator appointed in accordance with the ICDR Expedited Procedures.

Opt-Out Notice

Except if you opt-out and except for certain types of disputes described herein, you agree that disputes between you and Inky Transfers will be resolved by binding, individual arbitration. You waive your right to participate in a class action lawsuit or class-wide arbitration. You can opt out of the agreement to arbitrate by contacting us at inkytransfers@gmail.com within 30 days of accepting our terms & conditions.

Class Action Waiver

To the fullest extent permitted by applicable law, no arbitration or other claim under these terms will be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of our Services. No class, collective, and/or representative arbitration proceedings will be permitted. In the event that this class action waiver is deemed unenforceable with respect to any particular claim otherwise subject to arbitration, then that claim will not proceed in arbitration but rather will be resolved in a court of competent jurisdiction. If that occurs, however, this agreement to arbitrate and this class action waiver still will be fully enforceable as to all other claims, which must be resolved in arbitration on an individual basis.

Waiver of Trial by Judge or Jury

You and we agree and understand that by using arbitration to resolve disputes you and we are giving up any right that you or we may have to a judge or jury trial with regard to all claims subject to this agreement to arbitrate. You and we further agree that any claim heard in a court of competent jurisdiction will be heard by a judge instead of a jury, except where a jury trial waiver is not permissible under applicable law.

Statute of Limitations

You and we agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to use of our Services, or these Terms must be filed within one year after such claim or cause of action arose or will be forever barred.

MISCELLEANOUS

Waivers and Disclaimers

To the fullest extent permitted by applicable law, you hereby waive any legal or equitable rights or remedies you have or may have against us with respect to any activities, content, actions or inactions of any third party in connection with our services, including without limitation, any illegal, defamatory, offensive, or unauthorized conduct by any users.

Our services are provided “as is,” “as available,” and with all faults. We cannot guarantee continuous or secure access to or that our services will be mistake free or that all transactions will be completed. The operation of our services may be interfered with by numerous factors outside of our control. To the extent legally permitted, we disclaim all express and implied warranties, terms and conditions, including, but not limited to any implied warranties of merchantability, quality of information, quiet enjoyment, noninfringement, title, or fitness for a particular purpose. You assume all risks associated with your use of our services.

Limitation of Liability

To the fullest extent provided by law, in no event will Inky Transfers, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our services, any services linked to them, any content on our services, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from and against any and all claims, demands, liabilities, damages, losses, fines, and expenses (including but not limited to, reasonable attorneys’ fees and other professional fees and costs of investigation) arising from or in any way related to: (1) your Content or use of our Services, including without limitation, your sale of any products; (2) your (or anyone using your account’s) breach of these Terms or any of our policies; or (3) your violation of any law or the rights of any third party, including without limitation, any intellectual property rights or privacy rights. You may not settle any claim in any manner that binds us without our express prior written consent. We may withhold any amounts due to you pending the resolution of any claim subject to this indemnity and may apply those amounts to the resolution of that claim.

Modifications

We reserve the right to modify or discontinue our Services, and to block or delete any information made available through our Services by any party, at any time without notice in our sole discretion. However, we do not have any obligation to update, maintain or correct any information made available through our Services.

We reserve the right, at any time and in our sole discretion, to change these Terms and Privacy Policy, in whole or in part. You are responsible for reviewing and complying with these Terms and Privacy Policy in effect at the time you use or access our Services. You acknowledge that you will be bound by the revised Terms and Privacy Policy, as of their effective date set forth therein, and your continued use of our Services constitutes acceptance of them.

Notices

All notices under these Terms must be in writing. Inky Transfers shall give any notice by email sent to the most recent email address, if any, provided by you to Inky Transfers. You agree that any notice received from Inky Transfers electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email on file with Inky Transfers is accurate and current and notice to you shall be deemed effective upon the sending by point of an email to that address.

You shall give any notice to Inky Transfers by means of: (1) U.S. mail, postage prepaid, to Inky Transfers, 102 N. 3rd St. #100; or (2) email to: inkytransfers@gmail.com

Data Transfer

By accessing or using our Services, or submitting information, you acknowledge that you accept the practices and policies outlined in these Terms and consent to having your data transferred to and processed in the United States, in accordance with our Privacy Policy and applicable law. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES. We control and operate our Services from the United States. We do not represent or warrant that our Services, or any part thereof, are appropriate or available for use in other jurisdictions. Those who choose to use or access our Services do so on at their own risk, and are responsible for complying with all local laws, rules and regulations. We reserve the right to limit the availability of our Services, in whole or in part, to any user, geographic location or jurisdiction that we choose, at any time and in our sole discretion.

Other Jurisdictions

If you live in a country in which we operate a local website, the terms and conditions of such local website will govern your use of our Services and will supersede these Terms despite you visiting or making purchase on https://www.inkytransfers.com.

Force Majeure

We are not liable by reason of any failure or delay in the performance of our Services, as a result of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, pandemic and/or governmental action. In the event that we are temporarily unable to ship your order because of such an event, we will give you the option of deferring shipment.

Relationship of the Parties

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck and the remaining provisions will be enforced.

Assignment

You may not assign or transfer your rights or obligations under these Terms. Any purported transfer or assignment in violation of the foregoing will be invalid. We reserve the right to assign these Terms and our rights and obligations under them.

No Waiver

Our failure or delay to exercise or enforce any right or provision of these Terms or any rights under applicable law will not constitute a waiver of any of those provisions or rights.

Entire Agreement

These Terms constitute the entire agreement between you and Inky Transfers with respect to the subject matter of these Terms.

CONTACT INFORMATION

If you have any questions or comments about these Terms, please reach out to us by email at inkytransfers@gmail.com.

You also may contact us at:

Inky Transfers
102 N. 3rd St. #100
McCall, ID, 83638
United States