Terms of Service
4Sunz User Agreement & Policies
Things this Agreement Covers
This Agreement governs your use of the Site and the 4Sunz.com service (the "Service"). The Service permits customers that have an appropriate relationship either with: (a) institutions of higher learning, fraternal organizations, honor societies and other collegiate groups (collectively, "Institutions"); (b) corporations and small businesses; (c) elementary and secondary schools; or (d) other organizations, to design and purchase custom merchandise properly describing that relationship. You understand that by using the Site and the Service, you have agreed to the terms and conditions of this Agreement and you agree to use the Site and the Service solely as provided in this Agreement.
4Sunz.com Intellectual Property Rights and Third Parties
4Sunz.com is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the 4Sunz.com Site (collectively the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by 4Sunz.com.
4Sunz.com is the owner of the 4Sunz trademark; other trademarks made available through this Site, including logos, slogans, color schemes and design trademarks, are licensed for use by 4Sunz.com from Institutions and other third parties (the "Licensed Marks"). By using the 4Sunz.com Site, you agree to limit your use of Licensed Marks to uses that are directly related to such third parties and to comply with any restrictions or conditions imposed on the use and access of the Licensed Marks by the third parties. 4Sunz.com will notify you of such terms if your usage is in violation of such terms.
Generally, products created using images available on the site should not be resold commercially. In the event that you wish to resell such products, you agree to contact 4Sunz.com and verify the legality of reselling such products prior to doing so. Designs created using the text tools and images available through the site are in no way the exclusive property of the customers who assemble such designs. 4Sunz.com retains the right to display such designs or offer them (or variations of such designs) to other customers.
Additionally, 4Sunz.com has the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, religion, disability or national origin, that will in 4Sunz opinion cause and/or promote civil violence or unrest, will contain explicit sexual content or is otherwise inappropriate for 4Sunz.com production. Furthermore, 4Sunz.com retains the right of exclusive ownership rights of absolute refusal of service for any reason that 4Sunz ownership deems appropriate.
You agree to not use 4Sunz.com's Service to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
The descriptions under each category are not meant to be exhaustive, and the ultimate decision on whether to approve a design, or not, will always rest with 4Sunz Management. 4Sunz regularly reviews these policies and updates them as appropriate based on feedback from our customers and staff.Our general guidelines are as follows:
4Sunz will not print designs that:
- Violate the intellectual property rights of others
- Encourage violence or hate against individuals or groups
- Attack, harass, or defame others based on race, religion, ethnicity, gender, disability, national origin, or sexual identity
- Include hate speech or symbols (including but not limited to swastikas, iron crosses, etc.)
- Promote, feature, or encourage the use of hard drugs (those prohibited by federal law)
- Feature explicit sex acts or frontal nudity of a non-artistic or health/medical nature
- Include sexually suggestive images or text involving children (including nudity)
- Promote, feature, or encourage underage drinking or marijuana use by minors
4Sunz may decide not to print or may require changes to designs that:
- Include crass vulgarity, lewd language, or swear words
- Feature implicit sex acts, non-frontal nudity, or other nudity of an artistic or health/medical nature
- Have an overtly sexually connotation or tone, including strong sexual innuendo
- Involve violent terms or images that are not directed at an individual or group, such as historical images of violence
- Promote, feature or encourage illegal activities (other than those mentioned above)
- Might cause public outrage or inspire violence due to a recent event
- Include other content that would be offensive to the 4Sunz family
4Sunz will print designs that:
- Use language and images appropriate for adults and children of all ages
- Create a sense of community and are not likely to offend individuals or groups
- Support intellectual property rights by using authorized images and content, including those owned or legally authorized to be used by the customer
Modifications to Service and Pricing
- Prices for our products are subject to change without notice.
- We reserve the right to modify or discontinue the site (or any part or content thereof) without notice at any time.
- 4Sunz shall not be held liable by you or any 3rd party for any modification, price change, suspension, or discontinuation of the site.
- Loyalty points do not apply to bulk orders, team orders, or purchase order invoices.
- With the sole exception of State of Mississippi Purchase Order numbers, all team, bulk, or corporate orders require 1/2 down at time of order placement with balance due upon pick up or date of shipping.
Products and/or Services
- Certain products and/or services may be available exclusively online through our website. These products and/or services may have to be custom ordered to fulfill an online custom order through our site.Thus, all online orders are subject to vendor availability of said items and are subject to return or exchange only according to the terms of our stated return policies. Customers will be promptly notified of any delays in ordering and appropriate solutions offered. 4Sunz shall not be held liable by you or any 3rd party for any difficulties arising out of vendor stock levels.
- 4Sunz makes every effort to accurately display and describe the colors and images of the products we offer.We offer no guarantee that your computer equipment, phone, or tablet will accurately display the items or products offered.
- 4Sunz reserves the right, but is not obligated, to limit the sales of our products and/or services to any person, geographic region, or jurisdiction.We may exercise this right on a case-by-case basis. We reserve the right to limit quantities of any products or services that we may offer. All descriptions or listings of products or product pricing are subject to change at any time without notice, at the sole discretion of 4Sunz management.
- Any offer for any product or service offered for sale on this site is null and void where prohibited by law.
Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site. By using our Site, you consent to our collection, use and disclosure of your information, including Personal Information (defined below), as described in this Policy. Your use of our Site is subject to this Policy and our User Agreement.This Policy may change from time to time. Your continued use of our Site after we make changes is deemed to be acceptance of those changes, so please check this Policy periodically for updates.
Information we collect
4Sunz may collect information directly from you, automatically through your use of our Site, and from third parties. We may combine all of information we collect about you from these various sources.
- Information we collect directly from you. Depending on how you use our Site, you may provide us with certain information that can identify you as an individual, such as your name, email address, phone number, credit or debit card information and shipping or billing address (collectively, "Personal Information"). We will also collect any other information that you choose to provide to us through our Site (e.g., contents of messages you send to us through our Site).
- Content that you provide. You may upload comments, reviews, graphics, photos or other materials to the Site ("Content"). If you post Content on our Site, the Content (e.g., t-shirt designs or photos submitted as part of a contest), as well as other information (e.g., user name or profile picture), may be available to all visitors to our Site, and we cannot prevent such Content or information from being used in a manner that may violate this Policy, our User Agreement, the law, or your personal privacy.
- Information we collect about you from third parties. We may collect information about you from third parties. For example, we may collect demographics information from public sources and from third-party data and analytics companies. In addition, we may collect information about you from other 4Sunz users (e.g., if one user ships a package to another user).
- Information we collect automatically through your use of our Site. We may automatically collect information about your use of our Site and your orders, including but not limited to your Internet protocol (“IP”) address; the type of web browser you are using; the website that led you to our Site; the website you visit after leaving our Site; the pages you view on our Site; the dates and times you access our Site; and information about any orders you place, such as your order identification number, items ordered and the cost of your order.
How we use your information
4Sunz may use your information, including Personal Information and/or Content, for the following purposes:
- Providing our services. To facilitate your orders and administer your account; to respond to your questions or requests; to provide you with news or other information we think may interest you; to communicate with you about your account, orders or use of our Site or for other informational purposes; to improve our services; and for other account or customer support-related purposes. Please note that we use your email address to save and identify your products designs on our Site, and so please be aware that your designs can be viewed on the Site by anyone who enters your email address.
- Marketing and advertising. To provide you with special offers, product information and other marketing or promotional communications from 4Sunz or from other third parties. We may provide marketing or advertising to you in a variety of ways, including through our Site, via email or on other third-party websites.
- Research and analytics. To analyze how customers use our Site, services and products; to analyze how customers interact with marketing or other communications we send to them; and for other research, analytical and statistical purposes. This research may include creating profiles to help us analyze or predict your personal preferences or interests for marketing purposes.
- Protecting rights and interests. To investigate, protect or defend the rights, safety or property of 4 Sunz, our customers or the public; to investigate or enforce perceived violations of our User Agreement or this Policy; as evidence in litigation in which we are involved; and for fraud protection and credit risk reduction purposes.
How we share your information
4Sunz may share your information, including Personal Information and/or Content, with the following types of third parties:
- Service providers. 4Sunz may share your information with third-party service providers, vendors, agents, contractors or others who perform functions on our behalf. For example, we may use service providers to process your orders, deliver packages or send mail. We will obtain consent for such sharing with service providers where legally required. We enter into written agreements with these third-party service providers requiring them to provide the same level of protection for your Personal Information as provided under this Policy and limiting their use of your Personal Information to the specified services provided on our behalf.
- Corporate affiliates. 4Sunz may share your information with any current or future parent company, affiliate or subsidiary.
- Other unaffiliated third parties. Subject to applicable laws, 4Sunz may share your information directly with third parties, including so they may send you marketing offers directly. The information that we share with such third parties may include, without limitation, your email address, billing address, shipping address and order information (e.g., total price).
4Sunz may also share your information, including Personal Information and/or Content, in the following contexts:
- Protecting rights and interests. 4Sunz may share your information with law enforcement agencies and others as we deem appropriate to investigate, protect or defend the rights, safety or property of 4Sunz, our customers or the public; to investigate or enforce perceived violations of our User Agreement or this Policy; as evidence in litigation in which we are involved; and for fraud protection and credit risk reduction purposes.
- Sale or acquisition of assets. 4Sunz may share your information if we become involved in a transaction involving the sale of our assets, such as a merger or acquisition, if we are transferred to another company, in the event of a bankruptcy, or as part of any other business transfer. If the surviving entity in such a transaction is not 4Sunz, the surviving entity may use your information pursuant to its own privacy policies, which may be different from this Policy.
- Legal compliance. 4Sunz may share your information to comply with laws, regulations, legal process (e.g., a warrant or subpoena) or guidance; and to respond to governmental requests (e.g., requests from a regulator).
- Aggregate or anonymous information. 4Sunz may share anonymized or aggregated information about 4Sunz users to third parties without restriction. For example, we may share anonymized or aggregated information to inform a third party’s decision on whether to place advertisements on our Site or on other websites. These companies may use such information about your visits to the Site and other websites to provide advertisements on the Site and other websites.
Cookies and other tracking mechanisms
We may automatically collect information about you through the use of common information-gathering tools, as well as new tracking technologies that develop as technology evolves. The tools that we or our service providers may use to track you include the following:
- Web beacons/clear GIFs. Clear graphics interchange format images (“GIFs”) are tiny graphics with a unique identifier, similar in function to cookies, that are embedded invisibly on web pages or in emails. We or our service providers may use clear GIFs (also known as web beacons, web bugs or pixel tags) in connection with our Site to track the activities of visitors to our Site, help us manage content and compile statistics about usage of our Site. We or our service providers may also use clear GIFs in emails to our users, to help us track email response rates, identify when our emails are viewed and track whether our emails are forwarded.
- Account information. If you ever wish to access your Personal Information, update your Personal Information or cancel your account, please contact us at firstname.lastname@example.org or through the contact information below. Please note that we may maintain copies of your information and Content even after you have updated the information or canceled your account.
- Communications from 4Sunz. We may send periodic promotional or informational emails to you, about 4Sunz and other third-party information and offers. In the event you do not wish to receive such emails from 4Sunz, you may opt out of such communications by following the opt-out instructions contained within the body of any email message you receive or by emailing us at email@example.com and requesting that you no longer receive communications from us. It may take us up to ten (10) business days to process your opt out request. Even if you have opted out of receiving marketing and promotional emails from us, we may still send you transactional emails, such as emails about your account or the services you have requested from us.
- Communications from Third Parties. You may also opt out of our sharing your information with third parties for their own marketing purposes on a going forward basis by emailing us at firstname.lastname@example.org. Please note that once we have shared your information with a third party, such information is subject to that third party’s privacy policies and practices.
Our Site is not targeted to children less than thirteen (13) years of age and we do not knowingly collect Personal Information from children under 13. If we discover that we have inadvertently collected Personal Information from a child under 13, we will promptly take measures to delete that Personal Information from our systems. In the case of residents of the European Union, we do not collect Personal Information from anyone under the age of 16 except with parental consent, subject to an EU member state providing by law for a lower age (not below 13 years).
Our Site may contain links to other websites. Your use of an external website is subject+ to and governed by the terms and policies of that website. 4Sunz is not responsible for the privacy practices of such other websites. We encourage our users to read the privacy statements of each and every website they visit.
Disclaimer of Liability
- The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law 4Sunz.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect 4Sunz.com's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law
Linking to this Website
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
We have implemented technical and organizational measures, appropriate to the risk, to protect your information against accidental or unlawful destruction, loss or alteration and unauthorized disclosure or access. For example, we limit internal access to our servers and have physical, electronic, and administrative safeguards in place that are designed to protect your information. However, the transmission of information via the Internet is not completely secure, and we cannot guarantee the security of information transmitted through our Site. We cannot ensure or warrant the security of any such information, and you provide such information at your own risk.
You can also take steps to help protect your information. For example, if you have an account with us, you should take steps to protect against unauthorized access to your account by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping your log-in and password private.
We retain your Personal Information, if provided by you through our Site, for as long as your inquiry is active (as determined by us) and for a reasonable time thereafter, or if applicable, for as long as you remain on our marketing list. We also may retain your Personal Information for a longer period of time on the basis of our legitimate interests in providing our Services to you or as necessary to comply with our tax and legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your Personal Information, we may continue to retain and use aggregated or anonymous data previously collected so that it can no longer be used for personal identification and/or anonymize or aggregate your Personal Information. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.
Changes to this Policy
This Policy was last updated as of the “Last Modified” date above. 4Sunz may modify this Policy at any time and will post any updates to our Site. We therefore encourage you to review this page frequently for any changes.
4Sunz Contact Info
If you have any questions or comments about this Policy, or to exercise your rights under this Policy, please contact us using the information below.
4Sunz Sports & Graphic, LLC
105 Main Ave S
Magee, MS 39111
Anti-Sweat Shop Policy
4Sunz supports high standards for manufacturing labor conditions. Accordingly, we seek to work with suppliers who promote such standards within their operations. CustomInk.com relies upon referrals, reputation and, in some cases, personal inspections to identify such vendors.
4Sunz accepts online payment via credit card, debit card. All payments sent electronically are securely transmitted.
4Sunz also accepts payment via purchase order for qualified customers. Invoices may be paid by check or credit or debit card.
4Sunz also accepts payment at our physical location, shown above, by cash, check, credit or debit card.
4Sunz’s orders are generally delivered within 14 days. Customers who are concerned about meeting deadlines should contact a Service/Sales Representative. Rush orders on screen-printed apparel items are available for a 10% rush charge. Rush orders are delivered within 7 days. Delivery times may vary during the holiday seasons.
4Sunz goes to great lengths to ensure that all orders are filled accurately and on time and are of the highest quality. Accordingly, 4Sunz accepts returns if and when customers are disappointed by 4Sunz merchandise for one of the following reasons: (a) the blank items themselves are materially flawed; (b) the quality of the decorating (i.e., the printing or embroidery) is below a reasonable range of expectations; (c) the design of the final product is materially different from the final design submitted by the customer; or (d) the item received is obviously not what the customer ordered (ie. we shipped the wrong size or color). Final determination of any of the above reasons rest solely with the management of 4Sunz and is not subject to appeal. Returns take reasonable time to process and reship. No return will be accepted without a proper Return Order Authorization number and a 4Sunz issued Return Shipping Label. All returns must: (a) not have been worn; (b) still retain the original tags and labels in the original locations; and (c) still have the original bagging either enclosing the item or included with the item. Items of a personal nature (ie. protective cups, mouth guards, sports bras, and such) are not returnable under any circumstances.EXAMPLE: If a customer orders and receives an item that does not fit (wrong size) but it is the correct size ordered then the cost of freight in both directions of the return is born by the customer. If 4Sunz made the mistake then 4Sunz bears the cost of freight.To receive an official Return Order Authorization either call or email at the address above with a copy of your receipt or original order, the reason for your return, and whether you are seeking a refund or a replacement.
Order Cancellation Policy
For Standard Delivery orders, you may change or cancel your order within twenty-four (24) hours of submitting your order.
For Rush Delivery orders (any order requiring faster delivery than a Standard Delivery order), you may not change or cancel your order.
4Sunz Limits of Responsibility
4Sunz.com will be responsible for acting only on those instructions sent to 4Sunz.com that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. 4Sunz.com is not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. 4Sunz.com is not responsible should you give incorrect instructions or if your credit-card payment is not processed by your credit-card company.
The information and materials contained in this Site, including text, graphics, links or other items, are provided "as is", "as available". 4Sunz.com does not warrant the accuracy, adequacy or completeness of the information and materials on the Site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, and fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.
In no event will 4Sunz.com be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if 4Sunz.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
Intellectual Property Claims
4Sunz always respects the intellectual property rights of others. We have a policy of removing user submissions that violate copyright, trademark, or other intellectual property laws, suspending or blocking access to the design-saving or other features of our site to any user who uses our site in violation of any such law, and/or terminating in appropriate circumstances the account (if any) of any user who uses our site in violation of any such law. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of 4Sunz.com, please provide written notice to the following agent for notice of claims of infringement:
Mr. W.J. Adcock
4Sunz Sports & Graphics, LLC
105 Main Ave S.
Magee, MS 39111
In order for us to respond to your notice, it must: (a) contain your physical or electronic signature; (b) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (d) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owner's agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.
You agree to defend, indemnify and hold 4Sunz.com and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use of 4Sunz.com’s Site and the Service, your violation of this Agreement, or your violation of any rights of another.
This Agreement shall be governed by the laws of the State of Mississippi, 13th Judicial District and, where applicable, by federal law.Your use of this site constitutes your agreement that any and all legal resource against 4Sunz or any of 4Sunz affiliates which may affect 4Sunz shallbe brought and filed in the aforementioned jurisdiction.
Last updated on: 9/4/2018