🚨 FREE SHIPPING ON ORDERS OVER $100.00 . NO MINIMUM ORDER QTY’S, BULK DISCOUNTS AVAILABLE 🚨
Please read carefully before using this website.
1.1 - Welcome to the Open Ya Mind Clothing website, www.OpenYaMindClothing.com.au. These terms of use apply to all users of the Open Ya Mind Clothing and related websites. These Terms of Use apply to website visitors, shoppers, and users including independent artists who submit designs, of the Open Ya Mind Clothing and related websites. By using these websites, you signify that you have read, understand, and agree to be bound by (1) these Terms of Use; (2) Privacy Policy; (3) Artist Agreement; and (4) any other documents incorporated in the Terms of Use, Privacy Policy, or Artist Agreement (collectively, the “Terms”). If you do not agree to any of the Terms, please do not use the Open Ya Mind Clothing and related websites.
1.2 - Open Ya Mind Clothing may make changes to the Terms from time to time. If Open Ya Mind Clothing changes the Terms of Use, we will post the revised terms here. Any other changes will be posted to the applicable website link. As Open Ya Mind Clothing may make changes at any time without notifying you, it is your responsibility to review the Terms for any changes.
1.3 - The Terms of Use that exist at the time of a particular visit to the Open Ya Mind Clothing website govern your use at that time. Areas of the Open Ya Mind Clothing website may have different terms posted, and if there is a conflict between these Terms of Use and the terms posted for a specific area of this website, then the latter will govern your use.
1.4 - 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 outlined in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Open Ya Mind Clothing website is not intended for children under 13. If you are under 13 years of age, then please do not use the Open Ya Mind Clothing website.
2.1 - In order to access some features of the website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account login information secure. You must notify Open Ya Mind Clothing immediately if you become aware of any unauthorised use of your account or any other breach of security regarding your account.
2.2 - Open Ya Mind Clothing cannot and will not be liable for your losses or damage caused by any unauthorised use of your account. And you may be liable for the losses or damage of Open Ya Mind Clothing or others due to such unauthorised use.
3.1 - Independent artists who are Open Ya Mind Clothing account holders may submit unsolicited designs to Open Ya Mind Clothing. Open Ya Mind Clothing may, in its sole discretion, select unsolicited designs and sell t-shirts bearing the designs. The independent artists who submit the designs will receive commissions on the t-shirts sold, as set forth in the Artist Agreement, which is hereby expressly incorporated herein.
3.2 - All independent artists who submit unsolicited designs to Open Ya Mind Clothing must read and abide by the Artist Agreement. You understand that Open Ya Mind Clothing does not guarantee any confidentiality with respect to any unsolicited design you submit.
4.1 - Intellectual property (“IP”) includes patents, copyrights, trade secrets, trade dress, trademarks, and rights of publicity. Open Ya Mind Clothing respects the IP rights of others and asks you to do the same. When using and interacting with Open Ya Mind Clothing and the Open Ya Mind Clothing website, you may not post, submit, modify, distribute, or reproduce in any way any material (including any unsolicited design) that infringes an IP right belonging to another.
4.2 - Open Ya Mind Clothing acknowledges that unsolicited designs submitted by independent artists may refer to the IP rights of others. It is Open Ya Mind Clothing’s policy to select such unsolicited designs only if the designs are new, original, and/or transformative works that parody, satirize, or provide social commentary on the IP rights of others. In other words, to be selected by Open Ya Mind Clothing, such unsolicited designs must make “fair use” of the IP rights of others.
4.3 - If you are a copyright owner and believe that material has been posted on the Open Ya Mind Clothing website in a way that infringes one or more of your copyrights, you may submit a DMCA takedown notification to Open Ya Mind Clothing. Please refer to Open Ya Mind Clothing’s DMCA Policy, which is hereby expressly incorporated herein, for more information.
4.4 - If you are an independent artist in receipt of a DMCA takedown notification and believe that your design has been removed from or disabled on the Open Ya Mind Clothing website as a result of mistake or misidentification of the material to be removed or disabled, such as fair use, you may submit a DMCA counter-notification to Open Ya Mind Clothing. Please refer to Open Ya Mind Clothing’s DMCA Policy for more information.
4.5 - Open Ya Mind Clothing is not responsible for the IP rights of or relating to unsolicited designs on the Open Ya Mind Clothing website. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Open Ya Mind Clothing with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Open Ya Mind Clothing, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Open Ya Mind Clothing website.
Except as expressly provided in these terms of use, you are not granted any rights or license to IP owned by Open Ya Mind Clothing. Open Ya Mind Clothing reserves all rights not expressly granted in these terms of use.
5.2.1 - All original content (“Content”) on the Open Ya Mind Clothing website or on Open Ya Mind Clothing’s t-shirts is copyrighted to Open Ya Mind Clothing and is protected by U.S. and international laws and treaties. Content includes and is not limited to media, artwork, software, text, software or HTML code, scripts, images, graphics, user interfaces, music, videos, photographs, logos, artwork, and the design, selection, assembly, arrangement, and coordination thereof. You understand and agree that the Content is solely owned by Open Ya Mind Clothing.
5.2.2 - Unless otherwise indicated, Content does not include the selected designs of independent artists. Content also does not include the IP rights of others, to which the selected designs may refer.
• 5.3 - Trademarks and Branding Guidelines
5.3.1 - Open Ya Mind Clothing owns and has registered numerous trademarks. All Open Ya Mind Clothing products or service names, slogans, or logos used on the Open Ya Mind Clothing website or on Open Ya Mind Clothing’s t-shirts are trademarks of Open Ya Mind Clothing. You understand and agree that Open Ya Mind Clothing’s registered trademarks and unregistered trademarks used on the Open Ya Mind Clothing website or on Open Ya Mind Clothing’s t-shirts are solely owned by Open Ya Mind Clothing. All other company, product, service names, slogans, or logos referenced on Open Ya Mind Clothing’s website are used for identification purposes only and may be trademarks of others.
5.3.2 - Independent designers of designs selected by Open Ya Mind Clothing may use the OPEN YA MIND CLOTHING® mark and/or the logo to promote sales of t-shirts or other products bearing their selected designs provided that such use complies with Open Ya Mind Clothing’s logo usage guidelines, which are hereby expressly incorporated herein, and further provided that such use must immediately cease upon Open Ya Mind Clothing’s written request.
6.1 - The Open Ya Mind Clothing website and all Content associated therewith are provided by Open Ya Mind Clothing AS IS as a service to current and prospective customers, independent artists, and visitors to the Open Ya Mind Clothing website. Open Ya Mind Clothing hereby grants you a limited license to use the Open Ya Mind Clothing website and the Content, subject to the following restrictions: (a) your use of the website and the Content is a personal use and is not for any commercial purpose beyond what is permitted by the Terms; (b) you do not copy, download, or print any aspect of the website or the Content beyond what may be reasonably necessary for proper use of the website for its intended purpose; (c) if you copy, download, or print any aspect of the website or the Content, you do not remove or modify any copyright notices or other proprietary notices displayed on the website or the Content; (d) you do not distribute, alter, or modify any aspect of the website without Open Ya Mind Clothing’s prior written authorization; and (e) you otherwise comply with these Terms in all respects. No right, title or interest in Open Ya Mind Clothing’s Content is conveyed to you. The foregoing is a limited license, not a transfer of title to Open Ya Mind Clothing’s Content. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of the Content is prohibited.
6.2 - Prohibited commercial purposes include, without limitation, any of the following actions: sale of access to the Open Ya Mind Clothing website or the Content on another website; use of the Open Ya Mind Clothing website or the Content for the primary purpose of gaining advertising or subscription revenue; the sale of advertising targeted to the Content; and any use of the Open Ya Mind Clothing website that Open Ya Mind Clothing finds, in its sole discretion, to use the Open Ya Mind Clothing Content with the effect of competing with or displacing the market for Open Ya Mind Clothing, the Content, or the selected designs of independent artists.
7.1 - You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) impersonate any person, business or entity, including our company and our employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of Open Ya Mind Clothing, restricts, impairs, interferes or inhibits any other user from using or enjoying the Open Ya Mind Clothing website and/or our related services and products.
7.2 - You agree not to use or launch any automated system, including without limitation, “bots” or “robots,” “spiders,” or “offline readers,” that accesses the Open Ya Mind Clothing website in a manner that sends more request messages to the Open Ya Mind Clothing 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, Open Ya Mind Clothing grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials but not caches or archives of such materials. Open Ya Mind Clothing reserves the right to revoke these exceptions either generally or in specific cases.
7.3 - You agree not to circumvent, disable or otherwise interfere with security-related features of Open Ya Mind Clothing website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Open Ya Mind Clothing website or the Content therein.
7.4 - You agree not to collect or use any personal information from the Open Ya Mind Clothing website, as that term is used and/or defined in Open Ya Mind Clothing’s Privacy Policy. Personal information includes, but is not limited to, the names, account names, and contact information of other users. Additionally, you agree not to use the communication systems provided by the website (including account messaging and the Open Ya Mind Clothing forums) for any commercial purposes. You agree not to solicit, for commercial purposes, any independent artists with respect to their unsolicited designs.
8.1 - The Open Ya Mind Clothing website may contain links to websites controlled by third parties. Open Ya Mind Clothing provides these links merely as a convenience and Open Ya Mind Clothing is not responsible for and does not endorse, adopt, agree with, or accept any responsibility over the contents or use of these websites. Access to other websites is at your own risk and Open Ya Mind Clothing expressly disclaims any responsibility for the content of any third-party sites linked to this site. You should take precautions to ensure that whatever you select for your use is free from viruses, worms, Trojan horses and the like. You should also refer to the policies posted by the other websites regarding privacy and other topics before you use them. Open Ya Mind Clothing is not responsible for third-party content accessible through this website, including opinions, advice, statements, and advertisements, and you assume all risks associated with your use of this content. If you choose to purchase products or services from a third party, your relationship is directly with the third party. Open Ya Mind Clothing makes no representation or warranty as to any third-party products or services.
8.2 - Accordingly, Open Ya Mind Clothing encourages you to be aware when you leave the Open Ya Mind Clothing website and to read the terms and conditions and privacy policy of each website that you visit.
9.1 - You consent to receive communications from Open Ya Mind Clothing electronically. Open Ya Mind Clothing may communicate with you by email, by a message sent to your Open Ya Mind Clothing account, by posting a notice on the Open Ya Mind Clothing website, by social media message, or by any other digital means. You agree that Open Ya Mind Clothing’s electronic communications to you will satisfy any legal requirement that such communications be in writing.
9.2 - Any feedback or comments you provide with respect to the website will be treated as non-confidential, and we are free to use such information on an unrestricted basis. Requests for information regarding services or user accounts submitted through the website will be treated in accordance with the Privacy Policy.
10.1 - Open Ya Mind Clothing respects your privacy. Open Ya Mind Clothing’s Privacy Policy describes what information Open Ya Mind Clothing collects about you during your visit to the Open Ya Mind Clothing website and what Open Ya Mind Clothing does with that information. Open Ya Mind Clothing’s privacy policy governs Open Ya Mind Clothing’s collection, use, and disclosure of the personal information and non-personal information that you provide to Open Ya Mind Clothing, as well as communications between you and Open Ya Mind Clothing.
10.2 - You must review the Privacy Policy carefully to make sure you understand our practices and procedures. If you have any questions or comments regarding this Privacy Policy, please contact us.
You agree that, in your use of the Open Ya Mind Clothing website, you will comply with all applicable laws.
11.1.1 - Every effort has been made to ensure the accuracy of the information presented. However, Open Ya Mind Clothing assumes no responsibility for the accuracy of the information contained in this website. Product information is subject to change without notice and in the sole discretion of Open Ya Mind Clothing. Open Ya Mind Clothing may make changes to this website at any time without notice. Mention of non-Open Ya Mind Clothing products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation.
11.1.2 - ALL CONTENT, MATERIAL, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, OPEN YA MIND CLOTHING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR OTHER WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. OPEN YA MIND CLOTHING MAKES NO WARRANTY THAT: (1) THIS SITE WILL MEET YOUR REQUIREMENTS; (2) THIS SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. ANY CONTENT, MATERIALS OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE OR A LINKED SITE IS DONE AT YOUR OWN DISCRETION AND RISK. OPEN YA MIND CLOTHING SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, FOR LOSS OF DATA OR FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT, OR COMMUNICATION LINES THAT RESULTS FROM THE DOWNLOADING OF ANY CONTENT, MATERIALS OR INFORMATION. THIS INCLUDES THE TRANSMISSION OF VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SOFTWARE.
11.2.1 - IN NO EVENT SHALL OPEN YA MIND CLOTHING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OF, ACCESS TO, OR INABILITY TO USE THE OPEN YA MIND CLOTHING WEBSITE OR A LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF OPEN YA MIND CLOTHING HAS BEEN 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.
11.2.2 - OPEN YA MIND CLOTHING ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DELAYED, LOST OR MISDIRECTED COMMUNICATIONS THROUGH THE OPEN YA MIND CLOTHING WEBSITE.
11.2.3 - YOU SPECIFICALLY ACKNOWLEDGE THAT OPEN YA MIND CLOTHING SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH ANY CLAIM THAT AN UNSOLICITED DESIGN SUBMITTED BY AN INDEPENDENT ARTIST HAS VIOLATED THE INTELLECTUAL PROPERTY RIGHTS OF ANOTHER.
You agree to defend, indemnify, and hold harmless Open Ya Mind Clothing, its officers, directors, employees, and agents, from and against 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 Open Ya Mind Clothing; (ii) your violation of any of these Terms; (iii) your violation of any third party right, including without limitation any IP right; or (iv) any claim that one of your unsolicited designs caused damage to a third party. This defence and indemnification obligation will survive these Terms and your use of the Open Ya Mind Clothing website.
No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Open Ya Mind Clothing’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
You agree that any cause of action arising out of or relating to the Site must commence within one (1) year after the cause of action accrues. Otherwise, such a cause of action is permanently barred.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Open Ya Mind Clothing without restriction.
The formatting in these Terms (including, without restriction the paragraph headings and paragraph numbering) is included to help make these terms easier to read and has no binding effect.
The website is controlled by Open Ya Mind Clothing in Queensland, Australia. All matters relating to your access to, or use of, this website shall be governed by Aust. federal law or the laws of the State of Queensland, notwithstanding any principles of conflicts of law. Any dispute, legal action, or proceeding relating to your access to, or use of, this website shall be exclusively instituted in a state or federal court in Queensland. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. Open Ya Mind Clothing makes no representations that the information on this website is appropriate for use in other locations. If you choose to access this website from other locations, you do so at your own risk and you are responsible for compliance with any applicable local laws.
Please report any violations of the Terms, including objectionable or offensive Content, unsolicited design, or Open Ya Mind Clothing forum posting. Please state the reasons for your concern and provide a link to the Content, unsolicited design, or Open Ya Mind Clothing forum posting in question. Upon receiving such a report, Open Ya Mind Clothing, in its sole discretion, may investigate the matter and take such action as Open Ya Mind Clothing determines to be appropriate.
Open Ya Mind Clothing reserves the right to discontinue any aspect of the Open Ya Mind Clothing website at any time.
You agree that Open Ya Mind Clothing may, at any time and at Open Ya Mind Clothing’s sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Open Ya Mind Clothing website, and/or your account, or suspend or block your access to the Open Ya Mind Clothing website. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Open Ya Mind Clothing website after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Open Ya Mind Clothing website.
The Terms constitute the entire agreement between you and Open Ya Mind Clothing regarding the use of the website, superseding any prior agreements between you and Open Ya Mind Clothing relating to your use of the website. The failure of Open Ya Mind Clothing to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of this agreement shall continue in full force and effect.
Please contact us with any questions regarding these Terms.
This website uses cookies to ensure you get the best experience on our website.
