Terms of Service
American Boy
All sales are fulfilled by Printify, Inc.
108 West 13th Street,
Wilmington, Delaware 19801
Last updated: October 7, 2024
Thank you for shopping with American Boy! Before using or accessing our platform, please read this Terms of Service (the “Terms of Service”) carefully. This document is a legally binding contract between American Boy / Printify and you, the User (as defined below), for the use of the applications, software, products and services provided by American Boy / Printify (collectively, the “Service”) and as such, we have tried to make it as clear as possible. In addition to the full legal terms and text, we have provided short non-binding summaries with each clause. These summaries do not aim to replace or misrepresent the full text.
A. Definitions
Summary: These terms are used throughout this Terms of Service and it’s important that you understand what we are referring to when we use them.
Terms not defined in this section shall have the meaning provided elsewhere in the Terms of Service.
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“Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service,”) and all other operating rules, policies, including our Privacy Policy and Intellectual Property Policy, and procedures that we may publish from time to time on the Website including but not limited to Shipping, Payments, and Returns.
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“Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service.
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“Consumer Packaged Goods” refers to Products that customers use up and replace on a regular or frequent basis offered on our Website including, but not limited to cosmetics, coffee, and supplements.
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“Customers” refers to individuals or entities that purchase our Products through a Sales Channel.
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“Orders” refer to our Products once they have been purchased by our customers.
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“Produced Orders” refer to Orders that have been completed and shipped.
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“Products,” refers to all products offered by different Providers on our Website including, but not limited to clothing, accessories, home decor, kitchenware, footwear, and stationary, cosmetics and other Consumer Packaged Goods.
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“Providers,” refers to the organizations and companies, including its third-party contract manufacturers, that American Boy / Printify partners within the scope of its Service to offer Products to You.
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“Sales Channels,” or “Stores” refer to the other websites and platforms that we use to sell our Products, including but not limited to Shopify, Woocommerce, Ebay, or Etsy.
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“Us” and/or “We” and/or "American Boy" and “Printify” refers to American Boy / Printify, Inc., as well as our affiliated legal entities, subsidiaries (including, but not limited to, Printify Development SIA), directors, contractors, licensors, officers, agents, and employees. American Boy / Printify reserves the right to and may provide Services to you through various American Boy / Printify legal entities depending on multiple factors, such as, but not limited to Print Provider’s location, your location, region in which the transaction takes place and others.
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“User,” “You,” “Your” refers to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions.
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“User Products” refers to Products created by Users adding Content using the Service. “Your Mockups” are visual representations of Users’ Products created through the Service.
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“User-Generated Content” is Content, written or otherwise that is created or uploaded by our Users.
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“Website” refers to American Boy / Printify’s website located at usa45-47.com and printify.com, and all content, services and products provided by American Boy / Printify through the Website. It also includes Printify-owned subdomains of printify.com, such as app.printify.com, printifyapp.com and all subdomains of printifyapp.com such as app.printifyapp.com, and the use of future and current Printify plugins, such as those available in the Shopify App store, Woocommerce, Etsy,. Occasionally, Printify plugin pages and websites owned by Printify may provide additional or different terms of service. If those additional terms conflict with these Terms of Service, the terms in the additional terms with regard to the matter in conflict shall apply.
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“Your Content” is Content that you create or own; provided, however, that “Your Content” may not, under any circumstances, constitute ingredients or physical additions to any Products which are Consumer Packaged Goods.
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“Branding Element” refers to an element printed on demand and added to the Order, such as, a customized card, packaging or other.
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“Illicit Activity” shall mean any intentional act or omission, including, but not limited to, deception, misrepresentation, or concealment of material facts, committed by a party with the purpose of obtaining an unjust advantage, causing harm or loss to another party, or securing money, property, services, or other benefits, or otherwise contrary to applicable laws and regulations. Illicit Activity may encompass various acts or omissions, such as: (a) defrauding others of money or services, which involves, but is not limited to, obtaining money or services through false pretenses, manipulation, or false promises; (b) forgery, which includes, but is not limited to, creating, altering, or using false documents, signatures, stolen or forged payment instruments or other items with the intent to deceive or defraud; (c) fraudulent misrepresentation, which includes, but is not limited to, making false statements or omitting material facts, knowing it to be false or misleading, with the intent to induce another party to rely on such statements or omissions to their detriment; (d) engaging in, facilitating or permitting any activity, directly or indirectly, that involves money laundering, proliferation or terrorism financing, circumvention of any sanctions applicable under national or international sanction regimes. (e) any other acts or practices that are considered unlawful under applicable laws and regulations.
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“Printify Pop-Up” refers to an American Boy / Printify service, which allows us to publish User Products on a dedicated section of Printify e-commerce store that is hosted by Printify.
B. General
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When You use Our Services and Content, You are agreeing to:
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Our Terms of Service
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Our Privacy Policy
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Our Intellectual Property Policy
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Any other terms or policies we reference below.
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Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, the Agreement constitutes the entire understanding between American Boy / Printify and You pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between American Boy / Printify and You in relation to the access to and use of the Service.
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If any provision of these Terms of Service are held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
Questions about the Terms of Service? Contact us.
C. When do these terms apply?
Summary: By using American Boy / Printify, you are agreeing to all the terms below.
By using the Service, You acknowledge that You accept and agree to be bound by these Terms of Service. If You do not agree to these Terms of Service, You may not access the Service, and if You are already registered, cancel Your account.
D. Can these terms be modified?
Summary: We can change these Terms of Service, and if the changes are big, we’ll let you know.
American Boy / Printify reserves the right to revise the Terms of Service from time to time and the most current version will always be posted on our Website. If a revision, in our sole discretion, is material we will notify You. The “Last Updated” date at the top of the Terms of Service reflects the date of the last modification. Your use of the Service following the effective date of any modifications to the Terms of Service will constitute your acceptance of such modification. If You do not agree to the new Terms of Service, You should stop using the Service and cancel Your account.
E. Who can access American Boy / Printify and use the Service?
Summary: You have to be at least 18 years old to use our service and if you are signing up on behalf of someone else, you are acknowledging that you have the right to do so. Certain features of our platform may have additional terms other than those here.
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You must be at least 18 years old and able to access and use the Service or to create an American Boy / Printify account. By accessing and using our Service, you represent and warrant that you are 18 years of age or older and have the legal capacity and authority to enter into a contract.
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If you open an account on behalf of a company, organization, or other entity, then “You” includes you and that entity, and You represent and warrant that You are authorized to grant all permissions and licenses provided in this Terms of Service and bind the entity to these Terms of Service, and that you agree to these Terms of Service on the entity’s behalf.
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The access to or use of certain areas and features of the Service may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms of Service and the terms and conditions applicable to a specific area or feature of the American Boy / Printify Service, the more specific terms and conditions will apply, unless specified otherwise.
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To use our Service, You have to register an account. Details on how to do so are provided in the next section.
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You understand and agree that You are responsible for paying any and all applicable taxes that may be due as a result of your use of the Service.
F. What are the rules for creating and maintaining an account?
Summary: We have certain requirements that you must abide by when you create an account with Us.
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To create an American Boy / Printify Account You may be required to provide American Boy / Printify with certain personal information, which may include your full legal name, current address, phone number, email address, and payment information. This information will be held and used in accordance with American Boy / Printify’s Privacy Policy. You agree that You will supply accurate and complete information to American Boy / Printify, and that You will update that information promptly after it changes. You further agree that:
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You shall not create an account or access the Service if You are under the age of 18;
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You shall not have more than one account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself or your entity, which has provided you authorization to create the account on behalf of it;
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You shall not have an account or use the Service if You have been previously removed by the Company;
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We may reject your registration or cancel an existing registration for any reason at our sole discretion.
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We will use the email address you provide as the primary method of communication.
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Any harassment or insult towards American Boy / Printify employees may result in immediate account termination.
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You are solely responsible for keeping your account credentials secure and you may not disclose your credentials to any third party. You must immediately notify American Boy / Printify if you have any reason to suspect that your credentials have been compromised, lost or stolen or in the case of any actual or suspected unauthorized use of your American Boy / Printify Account. You are solely responsible for any and all activities performed through your American Boy / Printify account. American Boy / Printify will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by law, you shall be liable for any expenses and reasonable attorney’s fees for your failure to safeguard user and password information and/or promptly notify the Company about unauthorized use of your account or breach of your account information or password.
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American Boy / Printify expressly disclaims any and all liability arising from revocation, cancellation, or suspension of your account for any reason. Your account and registration will terminate immediately upon your breach of any of the terms herein. You may terminate your account and participation as a registered user at any time from your Account Settings > Personal Data > Delete my data. Before proceeding with deleting your account, make sure that you have disconnected your store from the respective sales channels, unsubscribed from the business plan and removed your registered credit card. Deleting your account is irreversible and you will not be able to access the data afterwards. Nonetheless, you will still be responsible for any and all pending orders and charges.
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You represent and warrant that you shall not conduct any Illicit Activity against American Boy / Printify or any third party, including when using American Boy / Printify Service or in your sales process to your own customers. American Boy / Printify is at all times entitled to request any documents, information, or other materials reasonably necessary, including “Know Your Client” documentation, as well as conduct an interview to verify and ensure compliance of American Boy / Printify Terms. American Boy / Printify is at all times entitled at its sole discretion to suspend the provision of American Boy / Printify Service entirely or in part, as well as withhold any sums payable by American Boy / Printify to You if it reasonably believes that you have committed an Illicit Activity or otherwise breached the American Boy / Printify Terms.
G. How does American Boy / Printify handle order related issues?
Summary: If you have an issue with your Order, contact American Boy / Printify Merchant Support directly within 30 days of the product delivery and provide a detailed description of your issue, accompanied by relevant photo or video evidence that supports your case. After investigation, we will determine if you are eligible to receive a free of charge Reprint or Refund. Some issues do not qualify for reprinting, such as the issues outlined below.
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American Boy / Printify does not hold any inventory and does not perform any of the development or manufacturing of any of the Products or handle printing itself. Other than issues caused by technical error, we are not responsible for the quality and outcome of Produced Orders. The quality of the production is dependent on the selected Provider. Each Provider has their own tools and procedures and Users are expected to perform their own research when selecting a Provider, as well as submitting Content that satisfies the provided print quality requirements. However, if your order has issues, steps for resolution are outlined below.
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American Boy / Printify’s Merchant Support team handles all conflict resolution on behalf of our Providers. Users agree to contact Printify Merchant Support for all conflict resolution. If the Produced Order does not meet User or Customer expectations, Users must first contact Printify Merchant Support within 30 days of product delivery and will not contact the Print Providers. In order to best resolve the matter, the User should provide all relevant materials for Printify to investigate the issue, including a description of the Produced Order, the issue, and quantity of Products affected. If a User contacts the Provider directly, the User risks account suspension at Printify’s sole discretion
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Products are unique and produced to the Order, therefore, they are non-refundable. By submitting an Order to production either manually or via an automatic setting, you acknowledge that the Order execution or Order contents (products, shipping method, delivery and return addresses) cannot be further modified. If the shipment details are incorrect, or if the Customer Ordered the wrong size or color, American Boy / Printify can not be held responsible. The Merchant is responsible for relaying the correct information from the Merchant’s Customers.
You may submit requests for change of certain Order details, including address change or delivery method change. Our Merchant Support team will evaluate the request and at its discretion will let you know whether it is possible to accommodate your request and/or whether your request carries any additional costs.
After an Order is placed American Boy / Printify cannot guarantee that it will be possible to issue a full or partial Refund in case of canceled Orders. Upon receiving a cancellation request, Printify will determine whether your cancellation is eligible for a full or partial Refund depending on the stage of the fulfillment of the Order. -
Orders for products with recently updated artwork go through a Printify Quality Control process that checks for low-resolution imagery or any other design related issues. If an issue is discovered, Printify will send merchants an email explaining the issue and any possible product quality repercussions. If You choose to proceed with the order, or if Printify does not receive a response within 7 days of the email notification, the order will be submitted and You will not be eligible for any replacements or refunds for this order. Orders that don’t meet other criteria of Printify’s Terms of Service or Intellectual Property Policy will be cancelled, and charges refunded.
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The Production times listed on the Website are estimated average times and are in no way guaranteed. If Your Order seems to be taking an unusually long time to be produced or delivered, please contact Printify’s Merchant Support team. If the Produced Order is lost during Shipment, Printify will investigate and may provide replacements when appropriate.
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After investigating your issue, if Printify’s Merchant Support team determines that your product is faulty, the Order or line items will be replaced or refunded at the discretion of Printify. Refunds will be issued in the form of credit to Your Printify balance.
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Printify does not provide Refunds for Orders still in transit, unless they are deemed lost by our Merchant Support team.
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The merchant is responsible for ensuring that the specified delivery address for each and every Order is valid and accurate. If a delivery of an Order is incomplete due to an invalid or incorrect address, the Merchant can either request a reshipment or cancellation of the order. Costs associated with reshipment of the Order and/or cancellation shall be borne by the Merchant.
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If an order has not been delivered in 30 calendar days (for domestic US or regional EU orders) or in 45 calendar days (for international orders), merchants should contact Printify Merchant Support within 1 week in order to be eligible for a reprint/refund.
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If tracking of an Order states that it has been delivered, yet the Merchant or the Customer reports it as not received, Printify reserves the rights to refuse a free of charge Reprint or a Refund. Such cases will be individually investigated by the Merchant Support team.
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An Order can be delayed due to delays from shipping carriers. Printify cannot guarantee precise delivery dates on shipping, as it is dependent on the shipping carriers. Consequently, Printify assumes no liability associated with delay and does not offer any Reprints and/or Refunds caused by shipping delays, unless our Merchant Support team determines that the package was lost in-transit.
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American Boy / Printify reserves the right to refuse a request for Refund or Reprint, if the reasons for the complaint are due to the following: issues in the artwork file, placement, limitations of the product, bleed areas and not following the design guidelines and/or any other reason not eligible for a Refund or Reprint. Such requests will be dealt on a case-by-case basis.
H. Limitation of liability
Summary: We are not responsible for any losses you incur as a result of using our Service, your purchase and use of Products, or your marketing or sale of Your Products to Customers. We are not responsible if you break the law or breach this agreement and are sued as a result. Please read this section carefully; it limits our obligation and responsibilities to you.
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Limitation of Liability. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AMERICAN BOY / PRINTIFY, ITS OFFICER, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISES, OR PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, EQUITY OR ANY OTHER LEGAL THEORY, OR FOR DAMAGES IN THE AGGREGATE EXCEEDING THE AMOUNT OF THE FEES PAID AND PAYABLE BY YOU TO PRINTIFY OR $100.00 (WHICHEVER IS MORE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) THE USE OF OR INABILITY TO USE THIS SERVICE, (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING PROVIDERS, (d) ANY OTHER MATTER RELATED TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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You agree to indemnify and hold American Boy / Printify and, its parent, subsidiaries, affiliates, partners, and Providers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms of Service, including your representations and warranties herein, (b) your negligence or intentional acts or omissions hereunder; or (c) your violation of any law or the rights of a third party.
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Warranty Disclaimers.
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Printify controls and operates the Service from various locations and makes no representation that the Service is appropriate or available for use in all locations. Services may not be available in Your location or may vary across locations. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. PRINTIFY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AMERICAN BOY / PRINTIFY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
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YOU ACKNOWLEDGE AND AGREE THAT PRINTIFY IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD AMERICAN BOY / PRINTIFY LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING PROVIDERS OR OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES OR THEIR PRODUCTS RESTS ENTIRELY WITH YOU.
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I. What if I have legal issues with American Boy / Printify?
Summary: If you have legal issues with American Boy / Printify, you agree to talk to us first, and if we can’t resolve the situation together, we will follow professional procedures for arbitration. If the issue isn’t arbitrable, all legal issues will be handled in the State of Delaware.
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If a dispute arises from or relates to these Terms of Service, You agree to first contact Printify Merchant Support to attempt to resolve the issue. If the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to the Terms of Service shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
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To the extent any claim, dispute or controversy regarding Printify or our Service isn’t arbitrable under applicable laws or otherwise, You and Printify both agree that any claim or dispute regarding Printify will be resolved exclusively in accordance with Clause N.3 of these Terms of Service.
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These Terms of Service shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the United States District Court for the District of Delaware, for any actions not subject to Arbitration as outlined in Clause N.1 herein.
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Further, to the fullest extent permitted by law, You and Printify agree that no class or collective actions can be asserted in arbitration, court or otherwise. All claims, whether in arbitration, court or otherwise, must be brought solely in Your or Printify individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding.