Terms.
SLAB Terms of Service.
These Terms of Service (these "Terms") form a legally binding agreement between you and the company that operates SLAB (together with its affiliates, "SLAB," "we," "us" or "our"). They govern your access to and use of the website located at slabhats.com and its subdomains (the "Site"), the SLABoratory, the Proofs board, Brim Masters, Private Runs and all related features, content, functionality and services that link to these Terms (together with the Site, the "Services"), and your purchase of Products.
IMPORTANT NOTICE: PLEASE READ THESE TERMS CAREFULLY. SECTION 18 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION AND JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. UNLESS YOU OPT OUT UNDER SECTION 18.9, YOU AND SLAB AGREE TO RESOLVE DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION.
By accessing or using the Services, creating an Account, placing an Order, posting or joining a Proof, ordering a Private Run, or clicking a button or checking a box that refers to these Terms, you acknowledge that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, you must not access or use the Services. Our FAQ is provided for convenience only; if it conflicts with these Terms, these Terms control.
1. Definitions.
Capitalized terms have the meanings given below or where they are first defined in these Terms.
- "Account" means the profile associated with an email address verified through the Services' one-time code sign-in.
- "AI Output" means any image, lettering, text or other material generated, in whole or in part, by an AI Provider through the SLABoratory.
- "AI Providers" means the third-party providers of artificial intelligence models and related services that SLAB uses, from time to time, to operate the SLABoratory.
- "Brim Master" means a Re-Release of an Inked Proof's Design on Headwear, as described in Section 11.3.
- "Clock" means the period during which a Proof is open for Pre-Orders, as displayed on that Proof.
- "Core Collection" means the Products designed by SLAB and offered for sale on an ongoing basis.
- "Design" means any design for a hat or other Product created through the SLABoratory, including its colorway, artwork, lettering (including brim lettering), placement and arrangement, together with any User Content incorporated in it.
- "Designer" means the user who posts a Proof.
- "Headwear" means hats, caps and other headwear of any kind.
- "Inked" means, for a Proof, that bona fide Pre-Orders for it reached the Threshold before its Clock expired.
- "Merchandise" means Headwear, apparel, bags, accessories, patches, stickers, prints and other physical goods of any kind, together with their labels, packaging and hang tags.
- "Live Period" means, for a Proof, the period from its posting until the earliest of the expiry of its Clock, its rejection and its removal.
- "Order" means an order for Products placed through the Services, including a Pre-Order and a Private Run.
- "Pre-Order" means a conditional Order for a Proof Product placed by selecting "I'm in," as described in Section 7.
- "Private Run" means an Order of Products bearing a Design for a team, club, chapter, event, party, company or other group, as described in Section 8.
- "Products" means the hats and other Merchandise offered by SLAB, including Core Collection Products, Re-Releases, Proof Products and Private Run Products.
- "Proof" means a Design posted by a Designer to the Proofs board to be offered to the public by Pre-Order, and "Proof Product" means a Product made from a Proof.
- "Re-Release" means a re-release by SLAB of an Inked Proof's Design, as a Brim Master or on other Merchandise, as described in Section 11.3.
- "SLABoratory" means SLAB's online hat design studio.
- "Threshold" means the minimum number of units of a Proof Product that must be Pre-Ordered for the Proof to be Inked, as displayed on that Proof.
- "User Content" means any content you submit, upload, post or transmit through the Services, including prompts, images, Designs, Proofs, Credited Names, handles, descriptions, signatures, portraits, biographies, messages and Feedback.
- "Vault" means the archive of closed Inked Proofs displayed on the Services.
The words "include," "includes" and "including" mean "including without limitation." Headings are for convenience only and do not affect interpretation.
2. Eligibility and Accounts.
2.1 Age. You must be at least eighteen (18) years of age, or the age of majority in your jurisdiction of residence if higher, to create an Account, use the SLABoratory, post or join a Proof, or order a Private Run. A person under eighteen (18) may purchase Products only through a parent or legal guardian, who places the Order and agrees to these Terms on the minor's behalf. The Services are not directed to children under thirteen (13), who may not use the Services.
2.2 Territory. The Services are controlled and operated from the United States and are intended only for persons located in the United States. SLAB ships Products only to addresses in the United States and makes no representation that the Services are appropriate or available for use elsewhere.
2.3 Accounts. Certain features of the SLABoratory require an Account, which you create by verifying your email address with a one-time code. You agree to provide accurate information, to maintain only one Account, not to share, sell or transfer your Account, and to keep your email account secure. You are responsible for all activity under your Account and must notify SLAB promptly at hello@slabhats.com of any unauthorized use.
2.4 Organizations. If you use the Services or place an Order on behalf of a company, team or other organization, you represent and warrant that you are authorized to bind it, and "you" includes that organization.
3. Orders, Pricing and Payment.
3.1 Availability. All Products are subject to availability, and Core Collection Products are offered while supplies last. SLAB may limit or refuse quantities per person, household, address or payment method, and may refuse or cancel any Order it reasonably believes was placed for resale, through automated means or in violation of these Terms.
3.2 Pricing. Prices are stated in U.S. dollars and are those displayed when you place your Order. SLAB may change prices, Products and Private Run pricing tiers at any time without notice, but no change will affect an Order SLAB has already accepted.
3.3 Errors. Descriptions, images, prices and availability information may contain errors. SLAB reserves the right to correct any error and to cancel any Order affected by it, before or after the Order is submitted. If SLAB discovers a pricing error after you order, SLAB will notify you and give you the option to proceed at the correct price or to cancel for a full refund.
3.4 Order Acceptance. Your Order is an offer to purchase, and an order confirmation does not constitute acceptance. SLAB accepts an Order (a) for Core Collection Products and Re-Releases, when it ships them; (b) for a Pre-Order, when the Proof is Inked and its Clock expires; and (c) for a Private Run, upon Mockup Approval. Until acceptance, SLAB may decline or cancel an Order for any lawful reason, in which case you will not be charged or will receive a full refund.
3.5 Payment. Checkout is provided through a third-party e-commerce platform, and payments are processed by third-party payment processors. You authorize SLAB and its payment processors to charge your selected payment method for all amounts due, and you represent that you are authorized to use it. SLAB does not receive or store your full payment card number.
3.6 Taxes. Prices exclude applicable sales, use and similar taxes, which SLAB will collect where required by law.
3.7 Product Images and Variation. Images of Designs created in the SLABoratory, including Proofs and Private Runs, are computer-generated renderings prepared before the Product is manufactured, and certain other images on the Services, including of Core Collection Products, are computer-generated or retouched. Colors may display differently on different screens. Products are manufactured to follow the Design: thread, fabric, ink and other material colors are matched to the nearest colors SLAB stocks, and the size, placement and stitch or print detail of artwork and lettering may vary within commercially reasonable tolerances. Such variations are not defects or nonconformities.
3.8 Promotions. Promotional codes and offers are subject to the terms stated with them, have no cash value and may be modified or withdrawn at any time.
4. Shipping, Title and Risk of Loss.
4.1 Shipping. SLAB ships only to addresses in the United States. Standard shipping is free unless otherwise stated at checkout.
4.2 Estimated Shipping Times. Unless otherwise stated when you order, SLAB expects to ship (a) Core Collection Products and Re-Releases within a few business days after the Order; (b) Proof Products approximately four (4) to six (6) weeks after the Clock expires, and in any event within approximately seven (7) weeks after you place your Pre-Order; and (c) Private Run Products approximately four (4) to six (6) weeks after Mockup Approval.
4.3 Delays. If SLAB cannot ship within the stated time, it will notify you before that time passes, give a revised shipping date and offer you the option to cancel your Order for a full refund, in accordance with the Federal Trade Commission's Mail, Internet, or Telephone Order Merchandise Rule (16 C.F.R. Part 435). Refunds for cancelled Orders are issued within seven (7) business days.
4.4 Title and Risk of Loss. Title to and risk of loss of Products pass to you upon delivery to the shipping address you designate.
4.5 Lost or Damaged Shipments. If a Product arrives damaged or does not arrive, notify SLAB within thirty (30) days after delivery or the estimated delivery date, as applicable, and SLAB will replace the Product or refund its purchase price.
5. Returns, Exchanges and Nonconforming Products.
5.1 Core Collection and Re-Releases. You may return a Core Collection Product or Re-Release within thirty (30) days after delivery for a refund, or for an exchange for another size subject to availability, provided it is unworn, unwashed, undamaged and in its original condition and packaging. Unless SLAB provides a prepaid return label, return shipping costs are your responsibility. Approved refunds are issued to the original payment method within a reasonable time after SLAB receives and inspects the return.
5.2 Custom Products; Final Sale. Proof Products and Private Run Products are custom goods made to order. ALL SALES OF PROOF PRODUCTS AND PRIVATE RUN PRODUCTS ARE FINAL. They may not be returned, exchanged or cancelled, except as provided in Section 5.3 and except for the cancellation of a Pre-Order before its Clock expires (Section 7.3) or of a Private Run before Mockup Approval (Section 8.3).
5.3 Defective or Nonconforming Products. If any Product is defective in materials or workmanship, damaged on arrival or does not conform to your Order (including the wrong Design, size or quantity), notify SLAB at hello@slabhats.com within thirty (30) days after delivery, with your order number and photographs. SLAB will replace the Product or, if replacement is not reasonably practicable, refund its purchase price, and will bear the cost of any return shipping. Variations described in Section 3.7, normal wear and damage resulting from misuse are not defects or nonconformities.
5.4 Statutory Rights. Nothing in these Terms excludes or limits any right you may have under applicable law that cannot be excluded or limited by agreement.
6. Proofs.
6.1 Submission and Review. You may submit a Design as a Proof by selecting "Let anyone buy it" in the SLABoratory and providing the information requested. Each Proof is reviewed before it is made available for Pre-Order. SLAB may, in its sole discretion and without liability or any obligation to give reasons, approve a Proof, request changes to it, reject it or remove it at any time. Approval of a Proof is not a representation by SLAB that it complies with these Terms or does not infringe the rights of any third party.
6.2 Clock and Threshold. A Proof's Clock begins when the Proof is approved. Each Proof displays its Clock and Threshold, and units of any size count toward the Threshold. SLAB will not change the Clock or Threshold of a Proof during its Live Period, except to correct a manifest error, and may change them for Proofs posted later.
6.3 Displayed Information. Counts, Clocks and other status information displayed for Proofs are provided for convenience, may be delayed and are subject to correction. SLAB's records control.
6.4 Fair Participation. Pre-Orders must be bona fide. A Designer may Pre-Order their own Proof, but no person may place Pre-Orders through multiple Accounts or by automated means, or offer or provide any payment or other incentive to induce Pre-Orders. SLAB may cancel any Pre-Order it reasonably believes is not bona fide and may remove the affected Proof.
6.5 Closing; the Vault. When a Proof's Clock expires, the Proof closes permanently and will not again be offered as that Proof. An Inked Proof is placed in the Vault with its number and the quantity produced. SLAB may re-release an Inked Proof's Design as a Brim Master or on other Merchandise under Section 11.3.
6.6 Remixes. Users may create derivative Designs from Proofs within the SLABoratory ("Remixes") under Section 10.4. A Remix posted as a Proof is a new Proof, with its own number, Clock and Designer, and must be materially different from the Design from which it derives. SLAB may reject any Remix it considers substantially similar to an existing Design and may identify the Design from which a Remix derives.
6.7 Withdrawal for Cause. SLAB may cancel a Proof at any time before production begins, including after it is Inked, if SLAB receives a claim that the Proof infringes or violates the rights of any person, or determines that the Proof violates these Terms or applicable law. In that case, all Pre-Orders for the Proof are cancelled without charge (or, if already charged, refunded in full), and no benefit or Royalty is owed to the Designer.
6.8 Promotion of Proofs. If you promote a Proof you designed, you must clearly and conspicuously disclose your connection to it (for example, "I designed this"), consistent with the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255).
7. Pre-Orders.
7.1 Conditional Order. A Pre-Order is an Order for a Proof Product that is conditional upon the Proof being Inked.
7.2 Payment Authorization. To place a Pre-Order, you provide a payment method that SLAB's payment processor stores for later use. BY PLACING A PRE-ORDER, YOU AUTHORIZE SLAB TO CHARGE THAT PAYMENT METHOD ONE TIME, WHEN THE PROOF'S CLOCK EXPIRES, FOR THE UNITS YOU PRE-ORDERED PLUS APPLICABLE TAXES, IF AND ONLY IF THE PROOF IS INKED. If the Proof is not Inked, your payment method will not be charged.
7.3 Cancellation. You may cancel a Pre-Order without charge at any time before the Proof's Clock expires. If cancellations cause the number of Pre-Ordered units to fall below the Threshold before the Clock expires, the Proof is no longer Inked.
7.4 Failed Payment. If the charge described in Section 7.2 is declined, SLAB will notify you by email. If you do not provide a valid payment method within the period stated in that notice, your Pre-Order will be cancelled and the production run will proceed without it.
7.5 Fulfillment. Every Pre-Order placed for an Inked Proof before its Clock expires, and paid in accordance with this Section 7, will be fulfilled. Section 4 governs shipping and delays.
8. Private Runs.
8.1 Minimum and Pricing. A Private Run requires the minimum quantity displayed when you order, in any combination of sizes, at the per-unit pricing tier then displayed. Orders above the quantity indicated in the Services are priced by individual quotation, which remains valid for the period stated in it. Private Runs are not displayed on the Proofs board.
8.2 Mockup Approval. After you place a Private Run Order, SLAB will provide a digital rendering of the Product (a "Mockup"). Production begins only upon your written approval of the Mockup, which may be given by email or through the Services ("Mockup Approval"). By giving Mockup Approval, you confirm that the Mockup, including its spelling, colors, artwork and placement, is correct, and SLAB is not responsible for any error in an approved Mockup. If you neither give Mockup Approval nor request changes within a reasonable time after SLAB provides the Mockup, SLAB may cancel the Order and refund it in full.
8.3 Changes and Cancellation. You may cancel a Private Run for a full refund at any time before Mockup Approval. After Mockup Approval, a Private Run may not be cancelled and is final sale, subject to Section 5.3. Changes requested after Mockup Approval may result in additional charges and delays.
8.4 Quantity Variance. Because of the nature of custom manufacturing, the quantity delivered may vary slightly from the quantity ordered. SLAB will refund the price of any units ordered but not delivered and will not charge for additional units.
8.5 Customer Materials. You may include in a Private Run Design a logo, trademark, name, image, likeness or other third-party material ("Customer Materials") only if you own it or have obtained every right, license, consent and written permission necessary for SLAB to reproduce it on the Products ordered. You represent and warrant that you have done so. SLAB may request written evidence of those rights and may decline, in its sole discretion, to produce any Design.
8.6 Ownership and Confidentiality. As between you and SLAB, you retain all rights in your Private Run Design and Customer Materials, and you grant SLAB a non-exclusive, royalty-free license to use them solely to manufacture and deliver your Order, provide customer support and maintain its records. SLAB will not publicly display a Private Run Design without your consent.
9. The SLABoratory and AI Output.
9.1 License. Subject to these Terms, SLAB grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the SLABoratory to create Designs for your personal use and for Products ordered from SLAB.
9.2 AI Providers. The SLABoratory uses AI Providers to generate AI Output. User Content you submit to the SLABoratory, including prompts, images and the current state of your Design, is transmitted to AI Providers for processing as described in the Privacy Policy. The SLABoratory may also use the text of a request to search publicly available sources for reference images.
9.3 Usage Limits and Verification. The SLABoratory is offered free of charge, subject to usage limits that SLAB may impose, modify or remove at any time without notice, and that may differ among users. SLAB may, among other things, limit the number of Designs that may be created by an Account, browser, device or network in a given period, require an Account or email verification, use automated verification tools, and suspend AI features in whole or in part. No usage allowance has cash value or creates any entitlement. You may not circumvent any limit, including by using multiple Accounts or email addresses or automated means.
9.4 AI Output. AI OUTPUT IS GENERATED AUTOMATICALLY AND MAY BE INACCURATE, INCOMPLETE, MISSPELLED OR OFFENSIVE, OR SIMILAR OR IDENTICAL TO MATERIAL OWNED BY THIRD PARTIES OR GENERATED FOR OTHER USERS. SLAB does not warrant that AI Output is unique, accurate or free of third-party rights. You are solely responsible for reviewing AI Output before posting a Proof or placing an Order, and you should not rely on AI Output as a statement of fact or as advice.
9.5 Third-Party Marks and Likenesses. On request, the SLABoratory may depict third-party logos, trademarks, characters, artwork or persons. Any such depiction is provided solely for personal, non-commercial experimentation and grants neither you nor SLAB any right to use it. SLAB will not manufacture any Product bearing third-party intellectual property or a person's likeness except in a Private Run under Section 8.5, and Proofs may not contain such material (Section 12.1).
9.6 Submissions. You may submit to the SLABoratory only images and other material you have the right to use. You may not submit an image of another person without that person's consent, an image of a minor other than your own child, or personal information such as postal addresses or payment card numbers.
9.7 AI Provider Policies. You will not use the SLABoratory in any manner that would cause SLAB to violate the terms or acceptable use policies of any AI Provider.
9.8 Sharing. The SLABoratory's Share feature creates a link to a copy of your Design that any person with the link may view. A Share link works for up to one (1) year, and you may request earlier deletion at hello@slabhats.com. The SLABoratory also saves each Design as you make it, and anyone who has a saved Design's own link may open it. You may publish images and screen recordings of your own Designs and of the SLABoratory, provided you do not suggest that SLAB endorses you or your content.
9.9 Modification and Discontinuation. SLAB may modify, suspend or discontinue the SLABoratory, any AI Provider or any feature at any time without liability.
10. Intellectual Property and Licenses.
10.1 Your Designs. As between you and SLAB, and subject to the licenses granted in these Terms, you retain whatever right, title and interest you hold in your Designs and other User Content. To the extent SLAB acquires any right, title or interest in AI Output generated at your request, SLAB assigns it to you, subject to the licenses in this Section 10 and excluding SLAB Materials. You acknowledge that AI Output, and Designs to the extent they consist of AI Output, may not be protectable by copyright or other intellectual property rights, and SLAB makes no representation as to the ownership, protectability or registrability of any Design. A Design derived from SLAB Materials or from another user's Proof remains subject to the rights of SLAB or that user in the underlying material.
10.2 License to Operate the Services. You grant SLAB a worldwide, non-exclusive, royalty-free license, sublicensable to its service providers (including AI Providers) solely for this purpose, to host, store, reproduce, transmit, modify for technical purposes and display your User Content as necessary to operate and provide the Services to you. SLAB will not publicly display, or use in its marketing, a Design that you have neither shared nor posted.
10.3 Proof License.
(a) Live Period. Upon posting a Proof, you grant SLAB, for the Live Period, an exclusive (including as to you), worldwide, royalty-free license to manufacture, have manufactured, offer for sale, sell, distribute, display and promote the Design on and in connection with Merchandise, together with a non-exclusive license to reproduce and display the Design in any media to operate the Proofs board and promote the Proof. If SLAB rejects the Proof, these licenses terminate upon rejection.
(b) Inked Proofs. If a Proof is Inked, the licenses in Section 10.3(a) become perpetual and irrevocable, and SLAB has the exclusive, worldwide right to make, have made, offer for sale, sell, distribute, display and promote the Design on and in connection with Merchandise, including as a Re-Release, and the non-exclusive right to reproduce and display the Design in the Vault, in its archives and in its marketing in any media, in each case without compensation other than as provided in Section 11.
(c) Proofs Not Inked. If a Proof is not Inked, the exclusive license terminates when its Clock expires, and SLAB retains only a non-exclusive license to display the Proof in the historical record of the Proofs board until you request its removal.
(d) Covenant. While SLAB's license is exclusive, you will not use, license or permit any third party to use the Design on or in connection with Merchandise.
(e) Reserved Rights. You reserve all rights not expressly granted, including the right to display the Design as your work (for example, in a portfolio or on social media) and to use it other than on or in connection with Merchandise, provided that you do not use any SLAB Materials, SLAB trademark or the SLAB fat brim, or suggest any affiliation with or endorsement by SLAB.
10.4 Remix License. Upon posting a Proof, you grant each user of the SLABoratory a non-exclusive, royalty-free license to create Remixes of your Design within the SLABoratory, subject to Section 6.6.
10.5 Adaptation; Moral Rights. SLAB may adapt a Design as reasonably necessary for manufacture, including by resizing it, fitting it to the brim or to another Product, matching its colors to available thread, fabric or ink, and selecting the stitch or print technique. To the fullest extent permitted by law, you waive, and agree not to assert, any moral rights or similar rights of attribution or integrity with respect to such adaptations, without prejudice to SLAB's credit obligations under Section 11.2.
10.6 Electronic Signature; Further Assurances. You agree that clicking "Post it" constitutes your electronic signature, within the meaning of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.), on a written instrument granting the licenses in this Section 10, including for purposes of 17 U.S.C. § 204(a). At SLAB's request, you will execute any further documents reasonably necessary to confirm or perfect those licenses.
10.7 Feedback. If you submit ideas, suggestions or feedback to SLAB other than through a Proof ("Feedback"), SLAB may use the Feedback without restriction and without any obligation of payment, attribution or confidentiality.
10.8 SLAB Materials. The Services and all content, software, designs, text, graphics, photographs, renderings, fonts, remix kits and other materials made available through them, other than User Content, together with SLAB's trademarks, logos and trade dress, the Core Collection and the SLAB fat brim (collectively, "SLAB Materials"), are owned by SLAB or its licensors and are protected by intellectual property laws. Subject to these Terms, SLAB grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use. You may share images of SLAB Products and of your own Designs on social media. Except as expressly permitted, you may not copy, reproduce, modify, distribute, sell, frame, scrape or create derivative works of any SLAB Materials without SLAB's prior written consent.
10.9 Trademarks. "SLAB," "SLABoratory," "Brim Masters," the SLAB logo and related names, logos and slogans are trademarks of SLAB and may not be used without SLAB's prior written permission.
10.10 Patents. The SLAB fat brim is protected by U.S. Patent No. 10,159,293 and U.S. Design Patent Nos. D774,734, D778,545, D778,546 and D778,547. This Section constitutes notice under 35 U.S.C. § 287(a).
11. Designer Compensation, Credit and Re-Releases.
11.1 Designer's Hat. For each Inked Proof, SLAB will provide its Designer one (1) unit of the Proof Product free of charge, in a size the Designer selects, shipped without charge to an address in the United States with the production run. This unit is in addition to any units the Designer Pre-Orders.
11.2 Credit. The name you designate for credit (your "Credited Name") will be sewn into each unit of an Inked Proof's production run and displayed with the Design on the Proofs board, in the Vault, in share materials and in SLAB's promotion of it. Your Credited Name must be your own name, or a nickname or handle that belongs to you; it may not be another person's name or a brand, and may not be offensive, and SLAB may require you to change it. Any handle you provide may be linked to the corresponding social media profile, and you represent that it is yours. On written request, SLAB will change or remove your Credited Name on the Services, but a Credited Name cannot be changed once production of a run has begun. SLAB will credit you wherever it displays your Design, unless you request otherwise. An inadvertent failure to credit you is not a breach of these Terms, provided SLAB corrects it prospectively within a reasonable time after receiving your written notice.
11.3 Brim Masters and Other Re-Releases. SLAB may, in its sole discretion and at any time, re-release an Inked Proof's Design as a Brim Master (a new edition of the hat) or on other Merchandise. SLAB will notify the Designer in advance of each Re-Release and may request the Designer's signature for a Brim Master's label and, at the Designer's option, a portrait and biography for its product page. The Designer is not required to provide them; absent a signature, the label will bear the Credited Name.
11.4 Royalty. SLAB may, in its sole discretion, offer the Designer a royalty or other compensation in connection with a Re-Release (a "Royalty"), on terms SLAB will set out in writing when it makes the offer. Unless and until SLAB makes such an offer in writing and the Designer accepts it, no Royalty or other compensation is payable for any Re-Release or other use of a Design. The benefits described in Sections 11.1 and 11.2, together with any Royalty SLAB offers and the Designer accepts, are the sole compensation for the licenses and rights granted in these Terms.
11.5 Name and Likeness. You grant SLAB the right, for the term of the licenses in Section 10.3, to use your Credited Name, handle and signature, and any portrait and biography you provide, on Products and their labels and packaging, on the Services, in share materials and in the advertising and promotion of the related Products, in any media, without compensation other than as provided in this Section 11. This grant constitutes your written consent for purposes of any applicable right of publicity or privacy law, including Sections 50 and 51 of the New York Civil Rights Law.
11.6 Independent Status; Taxes. Nothing in these Terms creates an employment, agency, partnership or joint venture relationship between you and SLAB. You are solely responsible for any taxes on the benefits and any Royalty you receive, and SLAB may report such amounts to taxing authorities, and withhold amounts, as required by law.
12. Content Standards and Prohibited Conduct.
12.1 Proof Originality. Each Proof must be an original Design of its Designer. A Proof may not contain:
(a) any trademark, logo or brand, or any name, mark, mascot or insignia of a team, school, college, university, league or other organization, or colors, words or other elements used to suggest an affiliation with any of them;
(b) Greek letters, or the insignia of any fraternity, sorority or similar organization;
(c) characters, artwork, photographs, lyrics or other material created by a third party; or
(d) the name, image or likeness of any real person other than the Designer.
These restrictions apply even if you have the rights holder's permission; a Design incorporating such material may be ordered only as a Private Run under Section 8.5. A Design intended for a single team, chapter, event, party or company is a Private Run, and SLAB may treat any such Proof accordingly.
12.2 Prohibited Content. You may not submit, post or request any User Content that (a) infringes or misappropriates any intellectual property, publicity, privacy or other right of any person; (b) is defamatory, obscene, pornographic or sexually explicit; (c) depicts, sexualizes or exploits a minor in any manner; (d) constitutes or depicts non-consensual intimate imagery, whether authentic or synthetic; (e) promotes violence or hatred against any person or group, or harasses, threatens or bullies any person; (f) discloses another person's personal information; (g) is false or misleading, or impersonates any person or entity; (h) promotes illegal activity or violates any applicable law; or (i) constitutes spam or unsolicited advertising.
12.3 Prohibited Conduct. You may not (a) use the Services for any unlawful purpose; (b) access or use the Services through bots, scripts, scrapers, crawlers or other automated means, other than publicly available search engines in accordance with SLAB's robots.txt file; (c) circumvent, disable or interfere with any usage limit, verification check or security feature; (d) create multiple Accounts or use multiple email addresses to obtain additional usage; (e) probe, scan or test the vulnerability of the Services, or attempt to gain unauthorized access to any system or data; (f) decompile, reverse engineer or attempt to extract the source code, prompts, models or instructions underlying the Services, except as permitted by law; (g) use the Services or AI Output to develop or train any artificial intelligence model or any competing product or service; (h) purchase Products for commercial resale without SLAB's written consent; or (i) interfere with any other user's use of the Services.
12.4 Enforcement. SLAB has no obligation to monitor User Content but may, at any time and in its sole discretion, review, refuse, remove or disable access to any User Content, cancel related Orders, suspend or terminate any Account, and cooperate with law enforcement.
12.5 Reports; Non-Consensual Intimate Imagery. Report any violation of this Section 12 to hello@slabhats.com. A request to remove an intimate visual depiction of an identifiable individual published without that individual's consent may be sent with the subject line "Intimate image," and SLAB will remove the depiction within forty-eight (48) hours after receiving a valid request, as required by the TAKE IT DOWN Act.
13. Copyright and Trademark Complaints.
13.1 DMCA Notices. SLAB responds to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512. Notices must be sent to SLAB's designated agent: Copyright Agent, SLAB, at the mailing address shown at the foot of this page; email hello@slabhats.com (subject: "Copyright"). A notice must include:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed;
(c) identification of the material claimed to be infringing, and information reasonably sufficient to permit SLAB to locate it, such as a URL;
(d) your name, address, telephone number and email address;
(e) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
13.2 Counter-Notifications. If material you posted was removed in response to a notice and you believe it was removed as a result of mistake or misidentification, you may send a counter-notification to the designated agent containing (a) your physical or electronic signature; (b) identification of the material removed and the location at which it appeared before removal; (c) a statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification; and (d) your name, address and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located and will accept service of process from the person who provided the original notice or that person's agent. SLAB may restore the material not less than ten (10) nor more than fourteen (14) business days after receiving a valid counter-notification, unless the complaining party notifies SLAB that it has filed an action seeking a court order.
13.3 Repeat Infringers. SLAB will, in appropriate circumstances, terminate the Accounts and access of users who are repeat infringers.
13.4 Misrepresentations. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed by mistake or misidentification, may be liable for damages.
13.5 Trademark and Publicity Complaints. Complaints concerning trademarks, names or likenesses may be sent to hello@slabhats.com (subject: "Trademark") and should identify the right claimed, the material at issue and its location. SLAB will review each complaint and take the action it considers appropriate.
14. Privacy and Electronic Communications.
14.1 Privacy. SLAB's collection and use of personal information, including its use of session replay, analytics and advertising technologies, is described in the Privacy Policy.
14.2 Electronic Communications. You consent to receive communications from SLAB electronically, including by email and through notices on the Services, and agree that all agreements, notices, disclosures and other communications SLAB provides electronically satisfy any legal requirement that they be in writing.
14.3 Emails. SLAB will send you transactional emails relating to your Account, Orders and Proofs, including one-time sign-in codes. If you subscribe to First Look or ask to be notified when a Product is available, SLAB will send those emails as well. Each marketing email includes a means to unsubscribe.
15. Third-Party Services.
The Services rely on, and may link to, services operated by third parties, including e-commerce, payment, hosting, security, artificial intelligence, analytics and email service providers, and social media platforms. SLAB does not control and is not responsible for third-party services, and your use of them may be subject to their own terms and privacy policies.
16. Disclaimer of Warranties.
16.1 THE SERVICES, THE SLABORATORY, AI OUTPUT AND ALL SLAB MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SLAB DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT ANY DESIGN OR AI OUTPUT WILL BE ACCURATE, UNIQUE OR FREE OF THIRD-PARTY RIGHTS.
16.2 Products. SLAB's obligations with respect to Products are set out in Sections 4 and 5. Any implied warranty applicable to Products is provided only to the extent required by applicable law, and nothing in this Section 16 disclaims any implied warranty that cannot lawfully be disclaimed.
16.3 Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
17. Limitation of Liability; Indemnification; Release.
17.1 Excluded Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SLAB, ITS AFFILIATES OR THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS (THE "SLAB PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES OR ANY PRODUCT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17.2 Cap. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SLAB PARTIES' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES OR ANY PRODUCT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO SLAB IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS (US$100).
17.3 Exceptions. The limitations in this Section 17 do not apply to liability for fraud, gross negligence or willful misconduct, for death or personal injury caused by negligence, or to any other liability that cannot be limited under applicable law. Some jurisdictions do not allow these limitations, so they may not apply to you.
17.4 Indemnification. To the fullest extent permitted by law, you will defend, indemnify and hold harmless the SLAB Parties from and against all claims, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of or relating to (a) your User Content or Customer Materials; (b) your breach of these Terms or of any representation or warranty in them; or (c) your violation of any law or of any right of a third party. SLAB may assume the exclusive defense and control of any matter subject to indemnification, and you will cooperate with that defense.
17.5 Release. SLAB is not responsible for disputes between users, including disputes between Designers and other users, and to the fullest extent permitted by law you release the SLAB Parties from all claims arising out of or relating to such disputes. If you are a California resident, you waive California Civil Code § 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
18. Dispute Resolution; Binding Arbitration; Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
18.1 Informal Resolution. Before commencing any arbitration or court proceeding, a party must send the other a written notice describing the dispute and the relief sought (a "Notice of Dispute"). Your Notice of Dispute must be sent to hello@slabhats.com with the subject "Dispute" and include your name, mailing address and email address, any order number, a description of the dispute and the relief requested. SLAB will send its Notice of Dispute to the email address associated with your Account or Order. For sixty (60) days after a Notice of Dispute is received, the parties will attempt in good faith to resolve the dispute, which may include an individual telephone or video conference. Compliance with this Section 18.1 is a condition precedent to commencing arbitration, and any applicable limitations period is tolled during that period.
18.2 Agreement to Arbitrate. Except as provided in Section 18.3, you and SLAB agree that any dispute, claim or controversy arising out of or relating to these Terms, your use of the Services, or any Product or Order you place, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (each, a "Dispute"), will be resolved exclusively by final and binding arbitration on an individual basis. This Section 18 is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
18.3 Exceptions. Either party may (a) bring an individual action in small claims court for a Dispute within that court's jurisdiction, for so long as it remains there; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of its intellectual property rights. Any claim for public injunctive relief that cannot be waived under applicable law will be severed and stayed pending the arbitration of all other claims.
18.4 Rules and Administration. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, as modified by this Section 18 (the "AAA Rules"), available at adr.org. A single arbitrator will preside. The arbitration will be conducted by video conference, telephone or written submissions, unless the arbitrator determines that an in-person hearing is necessary, in which case it will take place in the county in which you reside.
18.5 Fees. Payment of all filing, administration and arbitrator fees is governed by the AAA Rules, under which SLAB pays the fees allocated to the business. The arbitrator may award fees and costs as permitted by applicable law and the AAA Rules.
18.6 Authority of the Arbitrator. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability or formation of this Section 18, except that a court of competent jurisdiction will decide any dispute about Section 18.7. The arbitrator may award any individual relief available in court, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The award is final and binding, and judgment on it may be entered in any court of competent jurisdiction.
18.7 Class Action and Jury Trial Waiver. YOU AND SLAB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. UNLESS YOU AND SLAB AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. YOU AND SLAB EACH WAIVE THE RIGHT TO A TRIAL BY JURY. If a court finds this Section 18.7 unenforceable as to any claim, that claim, and only that claim, will be severed and litigated in court under Section 19, and will not be arbitrated on a class, collective or representative basis.
18.8 Time to Bring Claims. To the extent permitted by law, any Dispute must be commenced within one (1) year after the claim arises, or it is permanently barred.
18.9 Right to Opt Out. You may opt out of this Section 18 by sending, within thirty (30) days after you first agree to these Terms, an email to hello@slabhats.com with the subject "Arbitration Opt-Out" that states your name, mailing address and the email address associated with your Account or Orders, and that you opt out of arbitration. Opting out does not affect any other provision of these Terms.
18.10 Changes to this Section. If SLAB changes this Section 18 after you agree to it, you may reject the change by notifying SLAB within thirty (30) days after the change takes effect, in which case the version of this Section 18 you last accepted will continue to govern.
18.11 Severability; Survival. Except as provided in Section 18.7, if any part of this Section 18 is found unenforceable, the remainder remains in effect. This Section 18 survives the termination of these Terms and of your use of the Services.
19. Governing Law and Venue.
These Terms and any Dispute are governed by the laws of the State of Connecticut, without regard to its conflict-of-law principles, and, as to Section 18, by the Federal Arbitration Act. Subject to Section 18, any action arising out of or relating to these Terms or the Services must be brought exclusively in the state or federal courts located in Fairfield County, Connecticut, and you and SLAB consent to the personal jurisdiction of, and venue in, those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
20. Suspension and Termination.
You may stop using the Services at any time. SLAB may suspend or terminate your Account, or your access to all or part of the Services, at any time, with or without notice, if SLAB reasonably believes you have violated these Terms or that suspension or termination is necessary to protect SLAB, its users or third parties. Sections 1, 5, 10, 11.4 to 11.6 and 12 to 22, any payment obligation then outstanding and any license that by its terms is perpetual survive termination.
21. Changes to These Terms.
SLAB may amend these Terms from time to time. Amended Terms will be posted on the Services with a new Last Updated date. For material changes, SLAB will give at least fourteen (14) days' notice by email or by a conspicuous notice on the Services before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance of the amended Terms. Amendments do not apply to Orders accepted, Proofs posted or Disputes noticed before their effective date. Section 18.10 governs changes to Section 18.
22. General Provisions.
22.1 Entire Agreement. These Terms, the Privacy Policy and any terms presented when you place an Order constitute the entire agreement between you and SLAB regarding their subject matter and supersede all prior agreements and understandings.
22.2 Severability. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
22.3 No Waiver. SLAB's failure to enforce any right or provision is not a waiver of it.
22.4 Assignment. You may not assign or transfer these Terms without SLAB's prior written consent. SLAB may assign these Terms without notice to an affiliate or to a successor in connection with a merger, acquisition, reorganization or sale of all or part of its business or assets.
22.5 Force Majeure. SLAB is not liable for any delay or failure to perform caused by events beyond its reasonable control, including failures of manufacturers, suppliers or carriers, natural disasters, epidemics, labor disputes, governmental action and failures of internet or utility services, provided that your right to cancel and receive a refund under Section 4.3 is unaffected.
22.6 Notices. SLAB may give notice to you by email to the address associated with your Account or Order, or by posting on the Services. Notices to SLAB must be sent to hello@slabhats.com and, for service of legal process, to SLAB at the mailing address shown at the foot of this page.
22.7 Relationship; No Third-Party Beneficiaries. The parties are independent contractors. Except for the SLAB Parties under Section 17, these Terms confer no rights on any third party.
22.8 Construction. These Terms will not be construed against the party that drafted them.
22.9 Notice to California Residents. Under California Civil Code § 1789.3, California users are entitled to the following consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
23. Contact Information.
Questions about these Terms may be sent to hello@slabhats.com or to SLAB at the mailing address shown at the foot of this page. See also the Contact page.
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