Terms and Conditions

TERMS OF USE

By using this online shop you are fully accepting the following Terms of Use:

Interpretation

Tilla and Johnson Inc and its subsidiaries and affiliates (collectively "May28th") provides service to you subject to the following Terms of Use, which may be updated by us from time to time without notice to you. These Terms of Use constitute a binding agreement between May28th and you governing your use of the Website. By using and/or visiting the May28th.me Website or any other Websites owned by May28th (collectively the "Website"), you signify your assent to both these Terms of Use and the May28th.me Privacy Policy, which is specifically incorporated into the May28th Terms of Use. You are only authorized only to use the Website if you agree to abide by all applicable laws and to these Terms of Use. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, please do not use the Website.

USING WEBSITE

May28th hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without May28th’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the Website in a manner that sends more request messages to the May28th servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, May28th grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. May28th reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.

You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.

These Terms of Use apply to all users of the Website, including users who contribute information, submit designs, ideas, and other materials or services on the Website. The Website may contain links to third party websites that are not owned or controlled by May28th. May28th has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release May28th from any and all liability arising from your use of any third-party website.

 

INTELLECTUAL PROPERTY RIGHTS

The content on the Website, except all User Submissions (as defined below), including without limitation, the text, graphics, and photos created by and for May28th, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to May28th, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of May28th or as expressly provided herein. May28th reserves all rights not expressly granted in and to the Website and the Content contained therein.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (as defined below) of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

 

USER SUBMISSIONS (i.e. Custom Designs)

The interactive nature of postings on May28th makes it impossible for us to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by May28th users, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by users (all of which are referred to as "User Submissions") are not endorsed by May28th, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual.

You shall be solely responsible for your own User Submission and the consequences of posting or publishing them. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to May28th, you hereby grant May28th a worldwide, non-exclusive, royalty-free, sublicensable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and May28th’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media now known or hereafter developed. The foregoing license granted by you terminates once you request license termination in writing.

If you choose to post User Submissions on May28th Web pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of May28th reflects your respect for the legal rights of users connected with May28th. You understand that May28th does not guarantee any confidentiality with respect to any User Submission.

May28th expressly disclaims any and all liability in connection with User Submissions. May28th reserves the right to remove Content and User Submissions in its sole discretion and without prior notice.

May28th reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. May28th shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. May28th also reserves the right to terminate a user's access to the Website at any time in its sole discretion and without prior notice.

 

Products and Shopping

Due to the variations in computer monitors, printers and other digital devices, we cannot guarantee with certainty that colors/images represented on your monitor will be exactly the same as actual product.

Custom items are those that have personalized artwork or text or are made to custom specifications.

In order to promote fair and professional business, our customization platform provides a preview of custom item. This helps you to have a clear understanding as to what the finished item will look like. Digital graphics on an item will have some variance from the preview. By placing the order You approve the production of custom item.  

In fairness, custom products cannot be returned, however, we understand the possibility for error in our production, and we will rectify our mistakes where applicable.

Production errors should be reported to us immediately. Once we verify our error, we will need you to ship the product back to us while we setup a corrected order.

We can either schedule a pick up for the product or reimburse you to cover the extra shipping costs in this case. The corrected order will ship out as soon as it is produced.

We reserve the right to refuse any order for whatever reason. We also reserve the right to cancel any purchase (an order already accepted by us) in (amongst others) the following situations, without being liable for any damage or costs:

SHIPPING AND RETURNS


 

RULES OF CONDUCT

The following rules of conduct apply to your use of the Website and to any and all materials you post on May28th, including text, data, graphics, audio or video content, music, sound, chat, messages, files or other material (collectively User Submissions) whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of May28th.

You may not, in connection with the Website:

Warranty disclaimer (website)

You agree that your use of the website shall be at your sole risk. To the fullest extent permitted by law, May28th, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of May28th, disclaim all warranties, express or implied, in connection with the website and your use thereof. May28th makes no warranties or representations about the accuracy or completeness of the website’s content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website. May28th does not warrant, endorse, guarantee, or assume responsibility for any hyperlinked website or other promotion, and May28th will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. No advice or information, whether oral or written, obtained by you from May28th or through or from the service shall create any warranty not expressly stated in the terms of use. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

 

Limitation of liability

in no event shall May28th, or any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of May28th, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that May28th shall not be liable for user submissions or for any defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

You agree to defend, indemnify and hold harmless May28th, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of May28th, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

ABILITY TO ACCEPT TERMS OF USE

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. May28th is not intended for children under 13. If you are under 13 years of age, then please do not use the May28th Website.

These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by May28th without restriction.

COPYRIGHT NOTICE AND TRADEMARKS

The May28th Website is © Tilla and Johnson Inc All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of May28th.

All of the May28th trademarks are owned by May28th and may not be used for any purpose without the prior written permission of May28th.

VIOLATIONS

Please report any violations of the Terms of Use, including objectionable User Submissions or behavior, to hello@May28th. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, May28th in its sole discretion may investigate the matter and take such action as May28th determines to be appropriate.

GENERAL

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and May28th’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. May28th reserves the right to amend these Terms of Use at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use were  last modified February March 1st,  2014.

 

PRIVACY POLICY

May28th recognizes that its customers, visitors, users, and others (known collectively or individually as "Users") who use May28th.me (the "Website") value their privacy. This Privacy Policy applies to all of the products, services, and Websites offered by May28th, and details important information regarding the use and disclosure of User information collected on the Website.

Your use of the Website and any personal information you provide on the Website remains subject to the terms of this Privacy Policy and the May28th Terms of Use.

May28th Privacy Policy applies only to Websites and services that are owned and operated by May28th. While other Websites may be displayed as links from within May28th.me, those sites are owned and operated by others, and they may have different privacy policies. When linking from May28th.me to other websites, if you have privacy concerns, we urge you to review the privacy policies of those sites.

We may use third-party advertising companies to serve or track ads on our website and other websites. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to measure advertising effectiveness and to provide advertisements about goods and services that may be of interest to you.

1. INFORMATION COLLECTION AND USE

General

May28th does not require that you register in order to view its products or User comments. Registration is required to use certain interactive features such as, following, receiving email notifications, receiving website notifications, participating in the blog forums, and in order to submit ideas and participate in competitions.

May28th collects personal information when you register with May28th, when you visit the Website, when you make a purchase, or any time you provide information to May28th about yourself. May28th may combine information about you that we have with information we obtain from business partners or other companies.

May28th automatically receives and records other non-personally-identifying information ("Non-Personal Information") on our server logs from your browser even if you do not register with May28th, for example, your IP address, May28th cookie information, and the pages you visit.

May28th uses Non-Personal Information for the following general purposes: to customize the advertising and content you see, improve our services, conduct research, and provide anonymous reporting for internal and external clients.

May28th  is the sole owner of the information collected on May28th.me.

May28th collects personally identifiable information from our users at several different points on our Website.

Orders

If you purchase a product or service from us, we request certain personally identifiable information from you on our order form. You must provide contact information (such as name, email and shipping address) and financial information (such as credit card number, expiration date and the 3 digit security code). We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

Newsletter

If you opt in to our newsletter or make a purchase, we may contact you by email. We may receive a confirmation when you open an email. May28th uses this confirmation to help make emails more interesting and helpful and improve our service.

If you no longer wish to receive our newsletter, email notifications or promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter, email notification or communication or by emailing us at hello@May28th.me.

Children Under 13

May28th is committed to protecting the privacy of children. May28th does not knowingly or intentionally collect personal information online from children under the age of 13.

2. INFORMATION SHARING AND DISCLOSURE

May28th does not rent, trade, or share Personal Information with third parties except to provide products or services you've requested, when we have your permission, or under the following circumstances:

We use other third parties such as a shipping company to fulfill orders, a credit card processing company to bill you for goods sold on our website, and an email service provider to send out emails on our behalf. When you make a purchase on our website or sign up for our email list, we will share the necessary amount of personally identifiable information as necessary for the third party to provide that service, including your name, address, credit card information and email address. These third parties are prohibited from using your personally identifiable information for promotional purposes.

We provide Non-Personal Information to interested third-parties for purposes of understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Website.

We use both your Personal Information and certain Non-Personal Information to improve the quality and design of the Website and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, or legal process served on our Website.

We may share Personal Information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of May28th’s Terms of Use, or as otherwise required by law.

In the event May28th goes through a business transaction, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via email of any such change in ownership or control of your personal information.

Keep in mind that any personal information, or comments that you voluntarily disclose on the Website, for example on comment pages, by sharing uploaded design or on the blog forums, becomes publicly available. If you use a blog on www.May28th, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these blogs, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs.

We post customer news and/or events on our website which may contain personally identifiable information. We do obtain the customer’s consent via email prior to posting the news and/or event to post their name along with their news and/or event.

3. COOKIES

A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies on this site and we do link the information we store in cookies to any personally identifiable information.

We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.

We set a persistent cookie to store your passwords, so you don’t have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site.

If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as the shopping cart and design scoring pages, will be limited.

May28th does utilize tracking technology to better understand site traffic patterns and use. However, none of the information collected via tracking technology is personally identifiable information.

The use of cookies by our partners, affiliates or tracking utility company is not covered by our privacy statement. We do not have access or control over these cookies. Our partners, affiliates, tracking utility company and service providers use session ID cookies to make it easier for you to navigate our site, in order for you to use the shopping cart, etc.

As part of our tracking utility, we have implemented Google Analytics Demographics and Interest Reporting. These report rely on the same technology that informs advertising targeting on the Google Display Network. Threadless uses this non-personally identifiable information to understand our audience better and inform communication and strategy decisions for our business. Visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using Google Ads Settings, which will also opt the visitor out of non-personally identifiable demographic and interest tracking. Visitors can also take greater control of their privacy preferences through Google Analytics' currently available opt-outs for the web.

If you click on a link to a third party site, including on an advertisement, you will leave May28th and go to the site you selected. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your personally identifiable information by such third parties, and we cannot guarantee that they will adhere to the same privacy practices as May28th. We encourage you to review the privacy statements of any other service provider from whom you request services.

May28th may use web beacons in connection with e-mails sent to May28th users, to let us know whether and when the email was opened. No personal information is transmitted through web beacons.

4. CONFIDENTIALITY AND SECURITY

We follow generally accepted industry standards to protect the personally identifiable information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

If you have any questions about security on our Website, you can send us an email at hello@may28th.me

We limit access to Personal Information about you to employees who we believe reasonably need to come into contact with Personal Information to provide products or services to you or in order to do their jobs.

INTERNATIONAL USERS

If you are a User accessing the Website from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Website, which is governed by U.S. law and this Privacy Policy as incorporated in our Terms of Use, you will be transferring your Personal Information into the United States and you consent to that transfer.

CHANGES AND UPDATES TO THIS PRIVACY POLICY

May28th may update this policy at any time in its sole discretion and without prior notice. If we decide to change our privacy policy, we will post those changes to this privacy statement, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.

8. EFFECTIVE DATE

This Privacy Policy was last modified February March 1st,  2014.