Terms of Service

Roasted Threads LLC
800 Custer Ave
Norfolk, NE 68701

Last Updated: October 25, 2021

Thank you for visiting Roasted Threads. We are an apparel company, creating punny products to bring a smile to the faces of the world. 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 Roasted Threads and you, the User (as defined below), for the use of the applications, software, products and services provided by Roasted Threads (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.

OUR TERMS OF SERVICE

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.

  • “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 Roasted Threads Privacy Policy, and procedures that we may publish from time to time on the Website including but not limited to Shipping, Payments, and Returns.
  • “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.
  • “Customers” refers to individuals or entities that purchase our Products through a Sales Channel.
  • “Orders” refer to our Products once they have been purchased by You.
  • “Produced Orders” refer to Orders that have been completed and shipped.
  • “Products,” refers to all products offered by Roasted Threads, but not limited to clothing, accessories, home decor, kitchenware, footwear and stationary.
  • “Providers,” refers to the organizations and companies that Roasted Threads partners with in the scope of its Service to offer Products to You.
  • “Sales Channels,” or “Stores” refer to the websites and platforms that we use to sell our Products, including but not limited to Shopify, Woocommerce, Amazon, Ebay, or Etsy.
  • “Us” and “We” refers to Roasted Threads LLC, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
  • “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.
  • “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.
  • “User-Generated Content” is Content, written or otherwise that is created or uploaded by our Users.
  • “Website” refers to Roasted Threads’ website located at roastedthreads.com, and all content, services and products provided by Roasted Threads through the Website. It also includes Roasted Threads-owned subdomains of roastedthreads.com. Occasionally, Roasted Threads pages and websites owned by Roasted Threads 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.
  • “Your Content” is Content that you create or own.

 

B. GENERAL

  1. When You use Our Services and Content, You are agreeing to:
    1. Our Terms of Service
    2. Our Privacy Policy
    3. Any other terms or policies we reference below.
  2. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, the Agreement constitutes the entire understanding between Roasted Threads and You pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between Roasted Threads and You in relation to the access to and use of the Service.
  3. 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 Roasted Threads, 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.

Roasted Threads 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. WHAT IS THE SCOPE OF ROASTED THREADS' SERVICES?

SUMMARY: Roasted Threads is an online platform that allows you to purchase our products and services. 

Roasted Threads is an online platform that allows you to purchase our products and services.

Due to the nature of the Internet, Roasted Threads cannot guarantee uninterrupted access and availability of the Roasted Threads Service. We reserve the right to restrict the availability of our Service or certain features if necessary in view of capacity limits or the integrity of our servers. We also reserve the right to restrict access when performing maintenance measures to ensure the proper working and functioning of the Roasted Threads Service. Roasted Threads can improve or modify its Service and may introduce new offerings from time to time.

F. WHO CAN ACCESS ROASTED THREADS 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.

  1. You must be at least 18 years old and able to access and use the Service or to create a Roasted Threads 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.
  2. 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.
  3. 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 Roasted Threads Service, the more specific terms and conditions will apply, unless specified otherwise.
  4. To use our Service, You have to register an account. Details on how to do so are provided in the next section.
  5. You understand and agree that You are responsible for paying any and all applicable taxes and fees that may be due as a result of your use of the Service.

G. 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.

  1. To create a Roasted Threads Account You may be required to provide Roasted Threads 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 Roasted Threads’ Privacy Policy. You agree that You will supply accurate and complete information to Roasted Threads, and that You will update that information promptly after it changes. You further agree that:
    1. You shall not create an account or access the Service if You are under the age of 18;
    2. 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;
    3. You shall not have an account or use the Service if You have been previously removed by the Company;
    4. We may reject your registration or cancel an existing registration for any reason at our sole discretion.
    5. We will use the email address you provide as the primary method of communication.
    6. Any harassment or insult towards Roasted Threads employees may result in immediate account termination.
  2. 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 Roasted Threads 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 Roasted Threads Account. You are solely responsible for any and all activities performed through your Roasted Threads account. Roasted Threads 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.
  3. Roasted Threads 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. Before proceeding with deleting your account, make sure that you have removed any registered forms of payment. 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.

H. WHAT ARE YOUR RIGHTS TO CONTENT ON ROASTED THREADS?

SUMMARY: All content you upload is owned by you. If we are notified or if we believe that the content is not yours, or if the content doesn’t meet our standards, we will remove it at our discretion.

  1. Roasted Threads allows You to upload and post Content to our Website. Anything that You put on the Products remains Your Content. You retain all rights in, other than the rights expressly granted to Roasted Threads below, and are solely responsible for Your Content.
  2. You can only post Content that is either Yours, or for which you have written authorization from the Content owner. You represent and warrant that any Content you post is owned by You or that You have authorization from the Content owner to post it.  If You believe that someone has improperly used Your copyrights or trademarks, please report it to us.
  3. By using the Roasted Threads Service, You grant Roasted Threads a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform and distribute Your Content solely for the purpose of operating, developing, and promoting the Roasted Threads Service.
  4. As a condition of use of the Service, You agree not to use the Service for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Service and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree to the following:
    1. You may not resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service.
    2. You may not modify, reverse engineer, decompile or disassemble the Service
    3. You may not copy, adapt, alter, modify, translate, or create derivative works of the Service without written authorization of Roasted Threads.
    4. You may not permit other individuals to use the Service, including but not limited to shared use via a network connection, except under these Terms of Service.
    5. You may not circumvent or disable any technological features or measures in the services that are designed for protection of intellectual property rights.
    6. You may not use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
    7. You may not use or access the Service to compile data in a manner that is used or usable by a competitive product or service.
    8. You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone.
    9. You shall not use your Account to engage in any illegal conduct.
    10. You shall monitor your Account to restrict use by minors, and You will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account and You are responsible for any use of your credit card or other payment instrument by minors.
    11. Any such forbidden use shall immediately terminate Your license to the Service.
  5. Roasted Threads may use its discretion to remove Your Content from our Service, at any time, with or without prior notice to you, if it violates any of our Terms of Service or policies or is reported to be infringing on intellectual property rights of others. Roasted Threads is not obligated to monitor or police Your Content. In addition to intellectual property concerns, Content that contains any of the below is prohibited and may also lead to termination of Your account.
    1. Child Exploitation: You may not post or upload Content that exploits or abuses children, including but not limited to images or depictions of child abuse or sexual abuse, or that presents children in a sexual manner.
    2. Harassment, Bullying, Defamation and Threats: You may not post or upload Content that harasses, bullies, defames or threatens a specific individual.
    3. Hateful Content: You may not post or upload Content that condones or promotes violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition or veteran status.
    4. Illegal Activities: You may not post or upload Content that facilitates or promotes activities that go against the laws of the jurisdictions in which you operate or do business.
    5. Intellectual Property: You may not post or upload Content that infringes on the copyright or trademarks of others.
    6. Personal and Confidential Information: You may not post or upload any Content that contains personally identifiable information sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.
    7. Self-Harm: You may not post or upload Content that promotes self-harm.
    8. Terrorist Organizations: You may not post or upload Content that implies or promotes support or funding of, or membership in, a terrorist organization.
  6. When You use the Service, Roasted Threads reserves the right to view, monitor, and record activity without notice or further permission from You, to the fullest extent permitted by applicable law, although we have no obligation to do so. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity involving use of the Service.

I. HOW DO PAYMENTS WORK ON ROASTED THREADS?

SUMMARY: No products are produced or shipped unless payment for those products has first been received.

  1. Orders will not be processed until payment has been received by Roasted Threads.
  2. Roasted Threads charges Users when Orders are sent to production. 
  3. Roasted Threads may issue a coupon. A coupon is virtual money that can be used for paying for or discounting orders. You may use a coupon only for a single order. Multiple coupons cannot be combined. Each coupon’s value is divided according to the total line items in the order. It cannot be converted to cash or withdrawn.
  4. If you have an issue with your order, contact Roasted Threads before disputing your claim with your credit card company. If you have filed a dispute with your credit card company, we will not be able to issue you a refund as well, and we cannot make any refunds or replacements until the dispute is resolved or cancelled.
  5. Users are responsible for paying any necessary sales tax on their transactions. Because of the nature of online stores, taxes differ depending on where orders are delivered.

J. HOW DOES ROASTED THREADS HANDLE ORDER RELATED ISSUES?

SUMMARY: If you have an issue with your order, contact Roasted Threads directly within 15 days of product delivery and provide a detailed description of your issue, accompanied by relevant photo or video evidence that support your case. After investigation, we will determine if you are eligible to receive a replacement at no cost to you. Some issues do not qualify for replacement, they are outlined below.

  1. If the Produced Order does not meet Customer expectations, Customer must first contact Roasted Threads within 15 days of product delivery. In order to best resolve the matter, the Customer should provide all relevant materials for Roasted Threads to investigate the issue, including a description of the Produced Order, the issue, and quantity of Products affected.
  2. Products are unique and produced to order, therefore, they are non-refundable. Once an Order has been sent to production the Customer can no longer edit the details of the Order or cancel it. If the shipment details are incorrect, or the Customer ordered the wrong size or color, Roasted Threads is not responsible and will not offer replacements or refunds. The Customer is responsible for relaying the correct information.
  3. 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 Roasted Threads. If the Produced Order is lost during Shipment, Roasted Threads will investigate and may provide replacements when appropriate.
  4. After investigating Your issue, if Roasted Threads determines that your Product is faulty, Your Orders will be submitted for either reprint or replacement. Refunds are only provided if a subsequent reprint or replacement is also found to be faulty by Roasted Threads. 
  5. Roasted Threads does not give refunds for orders that have been shipped without tracking until they are verified to be lost.
  6. If an order is returned to Roasted Threads due to an incorrect address, the Customer will be contacted by Roasted Threads to arrange a reshipment. The Customer will be liable for the reshipment costs once an updated address is provided and confirmed. Otherwise, packages will be donated after one week if Roasted Threads is not provided with a valid address for the reshipment. Reshipment costs include the original shipping cost of the product and a service fee of $5. The service fee covers any Charge On Delivery (C.O.D) fees that we get charged by the fulfillment operator and handling fees.
  7. 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), Customers should contact Roasted Threads within  3 days in order to be eligible for a reprint/refund.

K. CAN YOU USE ROASTED THREADS' IMAGE AND NAME?

SUMMARY: We take intellectual property rights seriously and we kindly ask you to respect ours.

Roasted Threads, roastedthreads.com, and other Roasted Threads graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, or trade dress of Roasted Threads that may not be used in connection with any Product or service without the prior written consent of Roasted Threads. The images and icons available in our brand and press kit may be used by partners and third party sites as long as the appropriate links to the Roasted Threads Website are included. Roasted Threads reserves the right to request removal of Your use of the images and icons at any time.

L. LIMITATION OF LIABILITY

SUMMARY: We are not responsible for any losses you incur as a result of using our service. 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.

  1. Limitation of Liability. IN NO EVENT SHALL ROASTED THREADS, 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), EQUITY OR OTHERWISE, OR FOR DAMAGES IN THE AGGREGATE EXCEEDING THE AMOUNT OF THE FEES PAID AND PAYABLE BY YOU TO ROASTED THREADS OR $100.00 (WHICHEVER IS MORE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  2. You agree to indemnify and hold Roasted Threads 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 your breach of these Terms of Service, or your violation of any law or the rights of a third party.
  3. Warranty Disclaimer. Roasted Threads 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. 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. ROASTED THREADS, 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.

M. WHAT IF I HAVE LEGAL ISSUES WITH ROASTED THREADS?

SUMMARY: If you have legal issues with Roasted Threads, 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 Nebraska.

  1. If a dispute arises from or relates to these Terms of Service, You agree to first contact Roasted Threads 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.
  2. To the extent any claim, dispute or controversy regarding Roasted Threads or our Service isn’t arbitrable under applicable laws or otherwise, You and Roasted Threads both agree that any claim or dispute regarding Roasted Threads will be resolved exclusively in accordance with Clause N.3 of these Terms of Service.
  3. These Terms of Service shall be governed by the laws of the State of Nebraska, 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 Nebraska, for any actions not subject to Arbitration as outlined in Clause N.1 herein.