Terms of Service

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Last Updated: March 10, 2026

 

1. AGREEMENT TO TERMS

Please review the following terms and conditions ("Terms") that govern your use of and purchase of products from ("Use") oneofakindcloth.com and any associated subdomains ("Site"). The Site is provided by One of a Kind Cloth LLC ("One of a Kind Cloth"). By accessing the Site, creating an account, or making a purchase, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms incorporate our Privacy Policy and Shipping/Return Policies by reference. If you do not agree to these Terms, please do not use this Site.

 

2. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

3. PRODUCTS AND SERVICES

Our products are available exclusively online through the Site, production times may vary. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction.

 

4. INTELLECTUAL PROPERTY AND USER CONTENT

4.1 Company Intellectual Property: All content on this Site, including but not limited to text, graphics, logos, images, and non-UGC designs, is the intellectual property of One of a Kind Cloth LLC and is protected by copyright, trademark, and other intellectual property laws. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us.

4.2 User-Generated Content (UGC): By uploading, submitting, or creating any design, graphic, or text ("UGC") for printing on our products, you acknowledge and agree that:

  • Ownership Warranty: You warrant and represent that you are the sole legal owner of the UGC, or that you have obtained the necessary license or written permission from the rightful owner to reproduce and distribute the UGC on merchandise.
  • User Liability: You are solely responsible for the UGC you submit. One of a Kind Cloth LLC acts only as a printing service and does not pre-screen or review every design for intellectual property infringement.
  • License Grant: You hereby grant One of a Kind Cloth LLC a non-exclusive, worldwide, royalty-free, and limited license to reproduce, display, and print the UGC strictly for the purpose of manufacturing and fulfilling your order, or for testing and evaluating the order for production quality.

4.3 Indemnification: You agree to fully indemnify, defend, and hold harmless One of a Kind Cloth LLC and its directors, officers, employees, affiliates, and suppliers from any and all claims, demands, damages, liabilities, or expenses (including reasonable attorney’s fees) arising out of or related to your submitted UGC or any claim that your UGC infringes upon the intellectual property or proprietary rights of any third party.

 

5. PROHIBITED USES

In addition to other prohibitions set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to violate any international, federal, or state regulations, rules, or laws; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; or (f) for any obscene or immoral purpose.

 

6. ACCOUNT MANAGEMENT AND REPEAT INFRINGER POLICY

6.1 Account Responsibilities: By creating an account on the Site, you agree to maintain the security of your password and account details and are fully responsible for all activity that occurs under your account.

6.2 Repeat Infringer Policy: We strictly enforce a policy against users who are determined to be repeat intellectual property infringers. A "Repeat Infringer" is any user who has received two (2) or more valid and complete DMCA Takedown Notices regarding their uploaded content. One of a Kind Cloth LLC reserves the right, at its sole discretion, to immediately and permanently suspend or terminate any account or accounts identified as Repeat Infringers.

 

7. DMCA COPYRIGHT POLICY

One of a Kind Cloth LLC respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we will respond expeditiously to claims of copyright infringement committed using the Site.

7.1 Designated DMCA Agent: If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by sending a DMCA Notice to our Designated Copyright Agent:

Attention: DMCA Designated Agent
Company: One of a Kind Cloth LLC
Address: PO Box 1281, Sanders, AZ 86512
Phone: (505) 979-5095
Email: support@oneofakindcloth.com

7.2 Submitting a DMCA Takedown Notice: Your Notice must include the following information: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, including a URL or specific description of where the material is located on the Site; information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address; a statement that the complaining party has 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 a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7.3 Counter-Notice Procedure: If a user believes their content was removed by mistake or misidentification, they may submit a Counter-Notice to our Designated Agent containing: a physical or electronic signature; identification of the material that has been removed and the location at which the material appeared before it was removed; a statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and the user's name, address, and telephone number, and a statement consenting to the jurisdiction of the Federal District Court for the judicial district in which the user's address is located (or Apache County, Arizona, if the address is outside the United States).

 

8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

One of a Kind Cloth LLC shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, or replacement costs, arising from your use of the Site or any products procured using the Site.

 

9. GOVERNING LAW AND VENUE

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles. You agree that any dispute or claim arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the state or federal courts located in Apache County, Arizona, and you hereby consent to the personal jurisdiction and venue of such courts.

 

10. CONTACT INFORMATION

Questions about the Terms should be sent to us at support@oneofakindcloth.com.

One of a Kind Cloth LLC
PO Box 1281
Sanders, AZ 86512

 

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