LAST UPDATED: July 14, 2015
By accessing or otherwise using the Site, as well as any Content, material, or functionality contained on the Site (collectively, the "Services"), you:
- Acknowledge that you have read and understood the Agreement and that you accept and agree to be bound and to abide by the terms and conditions set forth in this Agreement; and
- Affirm that you are 18 years of age or older and are fully competent to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.
DO NOT USE THE SITE IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. ANY USE OF THE SITE IS AT THE SOLE RISK OF THE USER.
In this Agreement, the definition of the term "use" (including variations thereof) includes access, interaction, sending and receiving information, downloading and uploading, posting, browsing, making purchases, obtaining customer service and engaging in any other activity or using the features and functions of the Site, as a visitor, registered user or otherwise, including via mobile devices (whether through a Hanesbrands mobile application or by accessing the Site through web browser software on a mobile device). We may refer to you as "user", "you" or "your"; we may refer to Hanesbrands (including our subsidiaries, affiliates, brands, and operating units) as "we", "us" or "our"; and we may sometimes use the term "third parties," which, depending on context, may refer to our suppliers, operational service providers, co-sponsors, promotional partners, and others.
Under this Agreement, we grant you a limited, revocable, non-transferable right to use the Site for the purpose of viewing or downloading product information, placing and managing orders, uploading approved Design Materials and posting and creating customized products, and accessing any other features or functions made available to you on the Site for the purposes of your own personal use or that of your business, all in compliance with the Agreement. You obtain no other rights, interest, or claim to the Site or any aspect of the Site at all.
As part of the Services, the Site may allow you to customize or design clothing or other articles, including allowing you to upload certain User Content for use in designing or customizing products on the Site (the "Design Materials"). As a condition for use of the Site in uploading such Design Materials, you agree that your use of such Design Materials is lawful and agree to reimburse us for any damage, loss, cost, or expense we incur, including any legal fees, because a third party asserted that your use and/or our embellishment of such Design Materials was either unlawful or prohibited.
Your rights to use the Site include the right to create a hypertext link that leads from another website or webpage with content, material or information (collectively, including, but not limited to, the content, material and information, the "link") to our Site, so long as: (i) the link only incorporates text and not our or anyone else's trademarks; (ii) you do not replicate the Site or any portion of it; (iii) the link does not suggest any affiliation with, representation of, or endorsement by, us or causes, or is likely in our judgment to cause, confusion among consumers; (iv) the link does not portray us, our products, or services in a false, misleading, derogatory, or offensive manner and does not adversely affect our goodwill and reputation; and (v) the link is not embedded into, or otherwise contained within, frames representing your website unless you have our separate permission to do so. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other website at any time upon written notice to you. You agree that you will promptly remove any link upon the written request of Hanesbrands.
Submitted Designs and Materials
Hanesbrands reserves the right, but has no obligation, to reject any Design Materials that may be considered to be libelous, defamatory, obscene, profane, advocating persecution based on gender, age, race, religion, disability, sexual orientation, gender identity or national origin, or which are otherwise inappropriate. Hanesbrands’ decisions regarding whether to reject any Design Materials shall be made in Hanesbrands’ sole discretion and shall be binding and final on any user submitting Design Materials.
You agree to not use the Services to create or upload any Design Materials or other content or materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringe, violate, or misappropriate upon any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
With respect to any trademarks, service marks or copyrights that you have licensed from the owner thereof (the "Licensed Rights"), you agree to comply with any restrictions or conditions imposed on the use of the Licensed Rights and to reimburse Hanesbrands for any damages, losses, liabilities, or costs (including attorneys’ and advisors’ fees) incurred as a result of your actual or alleged failure to abide by or use of any Design Materials in violation of such Licensed Rights.
Hanesbrands does not endorse any Design Materials uploaded to the Site and disclaims any liability or connection with respect to such Design Materials. It shall be the responsibility of each individual user to evaluate and bear the risks associated with any uploaded Design Materials.
When selling, offering to sell, promoting or otherwise displaying any printable products purchased through this Site and embellished with Design Material , you agree that you will not use or reference any trademarks owned by Hanesbrands, HBI Branded Apparel Enterprises or HBI Branded Apparel Limited (collectively "HbI Affiliated Companies") or otherwise suggest that the HbI Affiliated Companies are affiliated with or have endorsed you, the Design Material or any messages conveyed thereby.
You may not use any other user’s ID (or any portion thereof) at any time without the express permission and consent of the holder of that ID. Hanesbrands cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Hanesbrands respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort, and funds to create the Site and collect and provide the features, materials, opportunities, and services that are available on or through the Site. The Site is proprietary to Hanesbrands, and Hanesbrands either owns or has the right to use all right, title, and interest in and to the Site and any features, materials, opportunities, or services made available on or through the Site, including any names, logos, brands, trade names, service, and trademarks which appear on the Site, as well as all information, data, icons, characters, artwork, designs, images, graphics, music, games, text, software, databases, and all copyrightable or otherwise legally protected elements of the Site including, without limitation, the selection, sequence and "look and feel" and arrangement of items (collectively, "Content"), and all programming, codes, scripts in any form and format associated with or applicable to the Site ("Code"). For purposes of this Agreement, all Content and Code are included within the meaning of the term "Site," and the Site is protected by copyright, trademark, and other intellectual property and trade secret laws. You acknowledge that the Content and the Code constitutes valuable proprietary information and that you acquire no ownership interest by accessing and/or using the Site or the Services. We require users to respect all laws and regulations that apply to our Site, just as we respect the rights of others. We may remove content from the Site that we are notified infringes the copyright of others, and, without limiting our remedies or actions, we have the right to block and disable use of our Site by anyone who infringes the rights of others or violates this Agreement. We take protection of our own rights and those of others very seriously, and we employ multiple measures to attempt to prevent infringement on our Site and to promptly end any infringement that comes to our attention.
Except as expressly provided in the Agreement, no part of the Site or the Services, and no Content, materials, or other information on the Site or the Services, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or via any other medium for publication or distribution, or for any commercial enterprise without Hanesbrands' express prior written consent.
Third-Party Content and Websites
For your convenience, this Site may contain references, URLs, links, interactive functionality, and other material related to or associated with websites, content, information and/or material of third parties. Similarly, third-party websites, including Social Media Platforms, may host and display our branded social media fan pages. We are not responsible for, nor do we assume any liability with respect to, the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any third-party website, or any of its goods and services even if any one or more of our logos or sponsorship identification may be used therein, whether as part of a co-branding or promotional arrangement or otherwise. Before enabling any sharing functions of the Site to communicate with a third-party website or otherwise visiting any such website, we strongly recommend that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions and practices of each such third-party website. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other websites, and any purchases of products or services, is subject to the terms and conditions of such other websites. The links and interactive functions for third-party websites included on the Site do not constitute an endorsement by Hanesbrands of such third-party websites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK. You agree that you will bring no suit or claim against Hanesbrands arising from or based upon any such use of other websites or third party products.
Transactions and Typographical Errors
Pricing, Availability, and Ordering. Prices on the Site are in U.S. dollars, for U.S. purchasers only. You acknowledge and agree there may be unintentional inaccuracies, omissions or errors regarding price, offers, descriptions, promotions, availability, or other matters, and, except as provided by law, we will not be held liable for these, but we will promptly correct them when brought to our attention. Goods may be out-of-stock or discontinued and prices are subject to change, and we may reserve the right to limit the quantity of items purchased, to change and update information, as well as simply to cancel orders you may have submitted (even if you received an automated confirmation), if information on the Site is found to be inaccurate. We do not claim that the information in the Site is appropriate to your jurisdiction or that the products described in our Site will be available for purchase in all jurisdictions. Product information is for informational purposes only, and although we make every effort to display products (including their colors) as accurately as possible, sometimes your device and its software can affect how products are displayed when you use the Site. Consequently, we cannot guarantee you will accurately be able to see the actual colors and specific features in every case.
Shipping. Currently, we cannot ship to addresses outside the U.S. possessions and territories and APO and FPO (Air/Army Post Office or Fleet Post Office) boxes, and purchases are subject to applicable taxes to be paid by the purchaser, and prices do not include shipping and handling. Title (i.e., ownership) and risk of loss for all goods ordered pass to you when we deliver the goods to the carrier for shipment.
Typographical Errors. In addition to those circumstances described above, the Site could include other technical inaccuracies or typographical errors. Hanesbrands shall have no liability in connection with any such inaccuracies or errors contained on the Site, nor shall Hanesbrands have any obligation to identify and/or correct any such inaccuracies or errors on the Site or as part of the Services.
Submission of Ideas
Don't send us any of your original ideas (each, an "Idea"). If you do, you are agreeing that your submission is entirely voluntary, non-confidential, gratuitous, and non-committal. We have no obligation to treat any Idea as confidential or proprietary and we have the right to use or disregard, in whole or in part, any Ideas. We will not be liable for the use of any Ideas nor will we incur or accept any liability, even if we adopt, use or implement anything that is similar or even identical to any Idea you submit. If you submit an Idea to us, we will have the right to use, exploit and do with the Idea as we determine, without notice or compensation, as if the Idea was original and proprietary to us.
Portions of the Site may provide you with the opportunity to submit, post, display, transmit, exchange, upload or otherwise make available (to "post") information, content, opinions, testimonials, questions, electronic cards, send-a-friend emails, comments, messages, graphics, photographs, caricatures, likenesses, animation, spoken statements, music, audio, video, voice reproductions, computer graphics, visual effects, Design Materials or any other material (collectively, "User Content"). By posting User Content to the Site, you grant us an irrevocable, non-exclusive, worldwide, royalty-free, unconditional, unrestricted, perpetual, and fully sublicensable right and license to use such User Content, in any form or format, through any transmission mechanism(s), in whole or in part, in or on any and all media, whether now known or hereafter invented, discovered or devised, alone or together or in combination with other things.
Please be careful what you decide to post, and do not post anything you do not want to become public, because you have no expectation of or right to privacy with regard to any User Content.
You represent and warrant that any User Content that you post to the Site: (i) is accurate; (ii) is original to you or you have obtained all required rights, licenses and releases required to comply with the terms of this Agreement, including, without limitation, the rights granted to us; (iii) does not and will not, violate this Agreement or infringe upon, misappropriate or violate the rights of any other party or any law or regulation; (iv) is not harassing, obscene, libelous, tortious or otherwise unlawful, nor is it intended to injure, defame or cause damage or hurt of any kind to any other party; and (v) may be used by us as permitted in this Agreement, without notice, royalty or any other payment, liability or obligation of any kind whatsoever.
User Content is the sole responsibility of the person posting it to the Site. You will be responsible for User Content posted under your ID, even if it was not posted by you or with your permission. User Content does not reflect the views of Hanesbrands, but we do reserve the right (although we have no obligation) to monitor, edit, or screen User Content. We also reserve the right to delete, re-format, and/or change your User Content in any manner that we may determine (although you will not be responsible for any such changes made). Without limiting our remedies or rights of action in any manner, if we determine you have breached or may breach this Agreement, we may, without notice, at any time and from time to time: (i) refuse to allow you to post; (ii) remove and delete User Content; (iii) revoke your right to use the Site; and/or (iv) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement. Our Site has a limited and finite capacity, and we also may limit use for operational and other reasons. As a result, some User Content may not ultimately be posted to the Site, and we have no obligation to you and assume no responsibility for User Content.
You agree that you may not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site, the Services, or any Content, or make unauthorized use thereof. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You shall not upload, post, transmit, distribute or otherwise publish through the Site, or any service or feature made available on or through the Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Site or the Site's services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) contain a virus, spyware, malicious code, Trojan horse, worm, time bomb, cancel-bot, corrupted file, other harmful component or any similar software or program that may damage the operation of another computer or property of another, (v) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vi) constitute or contain false or misleading indications of origin, endorsement or statements of fact.
In addition, in connection with your use of the Site or the Services, you agree you will not:
- Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Hanesbrands representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- Use any of the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
- Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," or any other form of unauthorized solicitation, commercial or otherwise;
- Delete or revise any material posted by any other person or entity;
- Probe, scan, test the vulnerability of or breach the authentication measures of, the Site or any related networks or systems;
- Use the Services in any way that harms (or may harm) minors;
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
- Harvest or otherwise collect information about others, including e-mail addresses; or
- Use any robot, spider, scraper, or other automated or manual means to access the Site, or copy any Content or information on the Site.
Hanesbrands Enforcement Rights
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2) (Digital Millennium Copyright Act), all notifications of claimed copyright infringement on our Site should be sent ONLY to our Designated Agent. Please DO NOT send any inquiries unrelated to copyright infringement (such as requests for assistance, customer service inquiries, billing questions, reports or e-mail abuse) to the contact listed below. You will not receive a response if sent to that contact.
- Service Provider(s): Hanesbrands Inc./li>
- Designated Agent: DMCA Contact - Legal
- Address to Which Notification Should be Sent: 1000 Hanes Mill Road, Winston-Salem, NC 27105.
- Telephone Number of Designated Agent: (800) 832-0594
- E-mail Address of Designated Agent: dmca_contact@Hanesbrands.com
Your Notice of Claimed Infringement must include the following:
- Your name, address, telephone number, email address and signature;
- Identification of the copyrighted work (or works) that you claim has (or have) been infringed;
- A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully found; the name, edition and pages of a book from which an excerpt was copied, etc.);
- A clear description of where the infringing material is located on our Site, including, as applicable, its URL, so that we can locate the material;
- A statement 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.
Disclaimer of Warranties and Limitation of Liability
Information on our Site is available for convenience only, and even so-called "expert" Content or responses to questions are general in nature and are not a substitute for professional advice. You acknowledge that people answering questions on this Site, including those referred to as "experts," have varying levels of expertise and may not have been certified as "experts" by us or anyone else. We have not and do not verify any credentials, capabilities or experience of individuals who may be identified as "experts" on the Site, and their statements or responses to user inquiries should be used only for informational purposes. Before you act on or rely upon any information on or from our Site, you should independently confirm any facts that are important to your decision and consult professionals chosen by you. IT IS SOLELY YOUR RESPONSIBILITY TO VERIFY INFORMATION BEFORE ACTING ON, USING OR RELYING UPON IT.
We operate the Site from the U.S. and it is possible some downloads from the Site could be subject to government export controls or other restrictions. If you download anything from or using our Site, you represent you are not subject to such controls or restrictions. We make no representation that anything is appropriate, permissible or available for use outside the United States and using our Site from territories in which such use or the Content available from such use is illegal, restricted or not permitted, is expressly prohibited.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE. THE SITE IS AVAILABLE "AS IS," AND "AS AVAILABLE." YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. HANESBRANDS DOES NOT WARRANT THAT THE SITE, CONTENT, AND CODE INCLUDED ON, OR OTHERWISE MADE AVAILABLE THROUGH, THE SITE, OUR SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM HANESBRANDS ARE FREE OF VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, AND HANESBRANDS ASSUMES NO LIABILITY FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE SITE. WE HAVE NO DUTY TO UPDATE OR MODIFY THE SITE, AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO.
IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR THIRD PARTIES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE SITE, THE USE OF THE SITE OR OUR AGREEMENT WITH YOU CONCERNING THE SITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF WE ARE HELD LIABLE IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LESSER OF (A) ONE HUNDRED FIFTY DOLLARS (US$150.00) OR (B) THE TOTAL AMOUNT OF PURCHASES (INCLUDING TAXES AND SHIPPING AND HANDLING) FROM THE SITE IN THE PAST SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE ON WHICH THE CLAIM IS BASED.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY.
You agree to indemnify and hold us and each of our respective successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorneys' fees), resulting from your use of the Site (including any User Content that you have posted to the Site), and/or any violation of this Agreement. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the Site and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement, or compromise negotiations, as requested by us.
If any provision of the Agreement is held invalid or unenforceable, it shall not affect the enforceability of the rest of the Agreement. You may be subject to additional terms and conditions when you use or purchase certain goods or services, and you will be notified and required to accept and agree in order to use or purchase them. If we fail to act or enforce any particular terms or conditions of this Agreement, it does not constitute a waiver and shall not limit our rights with respect to that or any other breaches. The Agreement, including any additional terms and conditions, shall be governed by and construed in accordance with the laws of North Carolina law and applicable U.S. Federal law, without regard to conflicts of law provisions. Any action or proceeding arising out of, or related to, this Agreement or your use of our Site must be brought in a state or federal court sitting in North Carolina, and you consent to the exclusive personal jurisdiction of such court. You hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to, or connected with, this Agreement, or your use of the Site must be asserted individually. We have the right to obtain equitable relief from a court of competent jurisdiction, including, without limitation, injunctions, restraining orders, and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient. This Agreement is the entire agreement between you and us regarding the subject matter and supersedes any and all prior or inconsistent terms and conditions. This Agreement can only be modified in writing signed by an authorized representative of Hanesbrands Inc.
Revisions and Updates
Questions concerning the use of the Site should be directed to us, as follows:
- Email: email@example.com
- Mail: WebMaster, Hanesbrands Inc., P.O. Box 748, Rural Hall, NC 27098
- Telephone: (800) 832-0594
When contacting us, please be sure to provide us with your exact e-mail address, name, address, and/or telephone number(s) so that we may handle your request correctly.