PLEASE NOTE THAT THE SECTION LABELED “CLASS-ACTION WAIVER AND AGREEMENT TO ARBITRATION” BELOW CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS IN ANY DISPUTE WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES ARISING OUT OF YOUR USE OF THE SERVICES AND/OR ANY OF YOUR DESIGNS, ANY OF YOUR PRODUCTS, ANY PRODUCTS AND/OR ANY PAYMENTS.
Welcome! We’re glad you’re here and thank you for selecting the services that we offer through our websites, mobile applications or by telephone (the “Services”). As the developer of the Services (“we,” “us” or “our”), we want to provide you with the terms governing your use of the Services set forth below (these “Terms”). By registering or otherwise accessing, downloading, installing, using and/or partaking of the Services, as the case may be, you are agreeing with all of these Terms.
You are solely responsible for all activities that occur under your Account and for ensuring that you exit or log out of your Account at the end of each session of use. Your password is confidential, and you may not give it to anyone else. You will notify us immediately of any unauthorized use of your Account or password or any other breach of security that is known or suspected by you.
Certain of the Services are available via a mobile device, which may include, without limitation (a) the ability to upload content to the Services, (b) the ability to browse the Services and (c) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent to which you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and it may be the case that not all Mobile Services work with all carriers or devices. By using the Mobile Services, you acknowledge and agree that certain information about your usage of the Mobile Services may be communicated to us.
We are in the business of offering personalized products (the “Products”).
The Services allow you to upload your original art, sayings, phrases, text, materials, tags, data, photos, designs and other creations (“Your Designs”), and apply them to a variety of blank items to create virtual products bearing Your Designs (“Your Products”). We may also offer you the ability to create fan-based designs using intellectual property of third-parties that is licensed to us, such as movies, television shows, the armed forces, etc., subject to restrictions imposed by the third-party licensors (“Fan Art”). Your Products, including those bearing Fan Art, can be offered for purchase by others via:
We sell only the blank items for you to customize, and the Services needed to fulfill orders for Your Products and any Products bearing Fan Art that you create. When you use the Services, you are the seller of Your Designs – not us - and you acknowledge and agree that you sell and are solely responsible for Your Designs.
You may not reproduce, duplicate, copy, sell, resell or otherwise exploit any part of the Services or Products except as permitted by these Terms. Any use of the Services other than as expressly authorized in these Terms is strictly prohibited. All rights not expressly granted in these Terms are hereby expressly reserved by us.
You acknowledge and agree that any Fan Art you create is owned by the third-party licensor, and you do not acquire or otherwise have any right, title or interest in or to the Fan Art. Our rights regarding use of your Fan Art are governed by these Terms and the terms and conditions of the licensing agreement between the third-party licensor and us and those terms and conditions may change from time to time.
By submitting Your Designs to us, you grant us a nonexclusive, worldwide, royalty- or commission-bearing, transferable, sublicensable right and license to reproduce, prepare derivative works based upon, distribute copies of, publicly perform, publicly display and otherwise use and exploit Your Designs in all media and sales channels, existing now or created in the future, as we deem appropriate to provide the Services including, without limitation:
- allowing you to design, market, make available for sale, sell, produce, reproduce and distribute Your Products;
- promoting, marketing and advertising Your Designs and/or Your Products by displaying them on the Website, marketing them through our affiliates and distribution and other partners, and featuring them in magazines, television shows, and movies;
- adding Your Designs to select additional blank items offered as Your Products if and as we deem appropriate;
- modifying Your Designs for purposes of improving the printing quality, display-ability, or enhancing their appearance on Your Products by cleaning up JPG artifacting, resizing to fit dimensions of the blank items to which you have chosen to apply Your Designs, adjusting colors for different printers and Products, and adjusting placement on Your Products; and
- promoting to you other services that we believe will be of interest to you.
Our right to sublicense is limited to third parties we use to provide the Services, process your orders, and/or produce and ship Your Products.
You represent and warrant that you either own Your Designs or have a written license or other valid permission from the applicable intellectual property rights owner(s) (for example, and without limitation, your photographer) to make Your Designs available to us for use with the Services and on Your Products. You further represent and warrant that you will abide by all requirements published through the Services in your creation and submission of any Fan Art.
Without limiting the generality of the foregoing paragraph, you acknowledge that we will need to work with Your Designs and Fan Art in order to provide you with the Services and to produce both virtual and actual units of Your Products. For example, and without limitation, we will copy, and we may need to display and/or modify, as well as stream, upload, post, publish, display, email or otherwise transmit or use (hereinafter, “Transmit”), Your Designs and any Fan Art when making Your Products, and we will distribute Your Designs when shipping Your Products. By the license granted above, you are giving us permission to do this. We will retain Your Designs and any Fan Art on our servers so that they will be available for your future use. This will make it easier for you to create new instances of Your Products or to use elements of Your Designs to create new art, sayings, phrases, text, materials, tags, data, photos, designs and other creations (the end result of which will also be Your Designs), all without the need to upload Your Designs or Fan Art again. We agree that our use of Your Designs and any Fan Art will be limited to our provision of the Services and the Products that we provide.
We reserve the right to reject any or all of Your Designs and any Fan Art if we determine, in our sole discretion, that they are inappropriate or otherwise inconsistent with the exercise of good judgment or the licensing agreement between us and the third-party licensor. For example, and without limitation, we may reject any of Your Designs or Fan Art that we believe would fall within the Prohibited Uses of the Services set forth below.
You acknowledge and agree that the Services contain software and content (“Our Intellectual Property”) that is protected by copyright, patent, trademark, trade secret and/or other laws, regulations and rules and is owned by us and/or our licensors or affiliates.
Without limitation, unless otherwise designated, we own all of Our Intellectual Property, including, without limitation, all of the trademarks and logos used in connection with the Services (“Our Trademarks”). Nothing in these Terms or otherwise grants any license or right to use any of Our Trademarks. You may not delete, change or modify in any way the copyright, trademark or other intellectual property notices contained in the Services. All goodwill generated from the use of Our Trademarks will inure to our exclusive benefit.
The use of prints, images or screen captures from the Services is limited to your personal, non-commercial use. You may not use any data mining, robots, scraping or similar data gathering or extraction methods in connection with your use of the Services. You will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in or to Our Intellectual Property.
Certain of the Services and the Products contain images, photographs, layouts, designs and other content that may consist of the copyrights, trademarks, service marks, trade names and other intellectual property of third parties (collectively, the “Third-party Content”). Third-party Content is provided for your convenience for the specific purposes for which we have provided it. You may not use Third-party Content:
You are solely responsible for Your Designs that you Transmit via the Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms, including, without limitation, removing any offending content from the Services, suspending or terminating any Account of such violator(s) and reporting such violator(s) to appropriate law enforcement authorities. As a condition for accessing and using the Services, you agree not to use the Services to:
In case of any violation of the above Terms, and without limitation, we reserve the right to terminate your Account and/or block you from accessing the Services and disclose any information if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests, (b) enforce these Terms, (c) respond to claims that any content violates the rights of third parties or (d) protect the rights, property, or personal safety of us, our users or the public.
Any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”) provided by you to us are non-confidential, and we will be entitled to the unrestricted use and distribution of Submissions for any purpose, without acknowledgment or compensation to you.
We may preserve Your Designs and any Fan Art and may also delete or disclose Your Designs if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests, (b) enforce these Terms, (c) respond to claims that any content violates the rights of third parties or (d) protect the rights, property, or personal safety of us, our users or the public.
We may establish practices and limits concerning use of the Services, including, without limitation, the maximum period of time that data or other content is retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. We will have no responsibility or liability for the deletion or failure to store any data or other Content maintained or Transmitted by or to the Services. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time, such time to be determined in our sole discretion. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
You may enable various online services, such as social networking sites, to be directly integrated into your experience with the Services. To take advantage of these features, we may ask you to register for, or log into, the services of their respective providers. By enabling third-party services within the Services, you are allowing and authorizing us (a) to pass your log-in information to these service providers for this purpose and (b) to receive information and content from such third-party services. Please remember that the manner in which third-party services use, store and disclose your information is governed solely by the policies of such third parties, and we will have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Services. We make no representations or warranties concerning such third-party sites, services or products, and, accordingly, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party sites, services and/or products.
Our websites use “cookies.” Cookies are small text files that reside on your device and identify you as a unique user. Cookies allow us to, among other things, measure activity and personalize your experience. For example, and without limitation, cookies enable us to remember your viewing preferences without requiring you to re-type a username or password. If you choose, you can set your device to reject cookies, or you can manually delete individual or all cookies on your device. However, if you reject or delete cookies, you may have some trouble accessing and using some of the pages and features on our websites. We also use other common information-gathering tools such as web beacons and embedded web links.
We charge a fee for any Shop you decide to set up, and offer two different payment plans for your convenience:
Payment Plan 1: No Up-Front Cost
We will have the right to deduct ten percent (10%) per month from your commission Payments, up to a maximum deduction of Ten Dollars ($10.00) per month.
If you earn a Thirty Dollar ($30.00) commission Payment for the month, we will have the right to deduct ten percent (10%), or Three Dollars ($3.00) and make a Payment to you of Twenty-Seven Dollars ($27.00).
If you earn a Three-Hundred Dollar ($300.00) commission Payment for the month, we will have the right to deduct only up to Ten Dollars ($10.00), i.e., not the full Ten Percent (10%), which would be Thirty Dollars ($30.00), so you get a Payment of Two Hundred Ninety Dollars ($290.00).
Payment Plan 2: Pre-pay & Save Money
We will have the right to bill your credit card based on the option you select as follows:
To the extent to which the Services and/or Your Products or any portion thereof are made available for any fee or charge (including, without limitation, shipping and handling charges), you will be required to select a form of payment and provide us information regarding your credit card or other form of payment authorized by us. You represent and warrant that such information is true and correct and that you are authorized to use the selected form of payment. When you make a payment, you authorize us (and our designated payment processor(s)) to charge the full amount to the payment source you designate for the transaction. You will promptly update your Account information with any changes (for example, and without limitation, a change in your billing address or credit card expiration date) that may occur. You will pay us all fees and charges incurred in accordance with the authorized form of payment and these Terms. If you dispute any fees or charges, you will let us know within sixty (60) days after the date that we invoice or otherwise charge you, and give us the opportunity to remediate any problem which you believe entitles you to dispute those fees or charges. You hereby grant to us the right to fix any payment processing errors that we may discover, and the right to correct any such processing errors by debiting or crediting the payment method used for the transaction found to be in error.
You will be paid a commission (individually a, "Payment" or "Payments") for all Your Products sold using the Services.
For Your Products sold through the Marketplace or a Partner Store, we will have the right to determine retail prices and any discounts in our sole discretion. You will receive a commission calculated as five percent (5%) of net revenue for each unit of Your Products sold, excluding shipping and handling charges, discounts, rebates, refunds, returns, third-party licensor royalties (for Fan Art), platform fees, transaction fees and taxes.
For Your Products sold through a Shop, we will have the right to determine a base price for each Product in our sole discretion, and you will choose a markup, such that retail price equals the sum of base price plus your chosen markup. You will receive a commission calculated as your markup less a proportional share of any refunds, returns and third-party licensor royalties (for Fan Art).
Taxes: You are responsible for determining what, if any, taxes apply to Payments you receive, for maintaining any required documentation, and for collecting, reporting and remitting taxes to the appropriate authorities.
Timing of Payments: As you sell Your Products, commissions will accumulate in your Account. You will be paid once your Account balance reaches your designated payment threshold. Payments will be automatically made within sixty (60) days after the last day of the calendar month during which your Account balance reaches the threshold.
YOU ACKNOWLEDGE THAT THE SERVICES AND THE PRODUCTS ARE PROVIDED “AS IS, AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND OTHER THAN AS SET FORTH IN THE RETURNS AND REFUNDS SECTION OF THESE TERMS. WE HEREBY DISCLAIM ALL OTHER WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES (A) WITH RESPECT TO THE SERVICES AND THE PRODUCTS (INCLUDING, WITHOUT LIMITATION, THEIR QUALITY, AVAILABILITY, PERFORMANCE AND FUNCTIONALITY), (B) WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES, (C) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR OPERATE ON OR WITH ANY PARTICULAR HARDWARE, PLATFORM OR SOFTWARE, (D) OF NON-INFRINGEMENT, (E) OF MERCHANTABILITY, AND (F) OF FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY US OR OUR REPRESENTATIVES WILL BE DEEMED TO CREATE A WARRANTY.
WE WILL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF OUR CONTROL. IN NO EVENT WILL WE BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM (A) THE USE OF OR THE INABILITY TO USE THE SERVICES, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES OR (E) ANY PERSONAL INJURY OR PROPERTY DAMAGE THAT MAY RESULT FROM THE USE OF ANY OF THE PRODUCTS. IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR ANY AMOUNTS ACTUALLY PAID BY YOU TO US FOR THE SPECIFIC SERVICES OR PRODUCTS AT ISSUE DURING THE SIX (6) MONTHS PRIOR TO THE DATE ON WHICH THE BASIS FOR THE DISPUTE HAS OCCURRED. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES AND/OR THE PRODUCTS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY DAMAGES AS CONTAINED IN THESE TERMS AND, IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
WE STRONGLY SUGGEST THAT YOU DO NOT PROVIDE US WITH ORIGINAL DIGITAL FILES, FILM, PRINTS OR NEGATIVES WITHOUT RETAINING A COPY. IF YOUR DIGITAL FILES, FILM, PRINTS OR NEGATIVES ARE DAMAGED, LOST OR OTHERWISE NOT RETURNED, OUR SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE AS SET FORTH IN THE PARAGRAPH IMMEDIATELY ABOVE.
WE WILL NOT BE LIABLE IN ANY MANNER FOR ANY DATA OR USAGE LIMITS, CAPS OR RESTRICTIONS, OR ANY RATES OR CHARGES, APPLIED TO OR ASSESSED ON YOUR MOBILE DEVICE BY ANY THIRD PARTY THAT RESULT FROM YOUR USE OF THE SERVICES OR OTHERWISE. WE SUGGEST THAT, WHEN AVAILABLE, YOU USE YOUR MOBILE DEVICE WITH AN UNMETERED WI-FI CONNECTION IN ORDER TO MINIMIZE THE LIKELIHOOD OF ANY OF THE FOREGOING OCCURRING TO YOU.
We respect the intellectual property rights of others and ask you to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), if you believe that your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information, using the contact form provided on our website or in the app tray or drawer of the mobile application you are using, if available, as the case may be. (You may also contact us by mail at 23801 Calabasas Road, Suite 2005, Calabasas, California 91302, USA.
Counter-Notice: If you believe that the content that was removed (or to which access has been disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law to post and use the content, you may send a written counter-notice containing the following information to us:
If a counter-notice is received by us, we will send a copy of the counter-notice to the original complaining party/copyright owner. In accordance with applicable law, we may replace or restore access to the removed content unless the original complaining party/copyright owner notifies us that it is seeking a court order against the alleged infringing party to prevent further infringement of the content at issue.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and in our sole discretion, the accounts of users who are deemed to be repeat infringers.
Our Rights: You or we may terminate your Account at any time. If you violate these Terms, we also will have the right to deactivate or limit your access to the Services, remove any or all of Your Designs and/or Your Products from the Website, our servers and/or directories, and ban you from use of the Website by any available means including, without limitation, blocking your IP address. You agree that any termination, limitation and/or deactivation may be effected by us without prior notice, and that we may immediately delete all related information, files and content in your Account. We will not be liable in any manner for such termination, deactivation or limitation.
Your Rights: Depending on the type of Account you have established, you may be able to terminate (i.e., close) your Account by completing the online Account termination form.
Your Obligations: On termination of your Account (by you or by us), you must immediately remove all links to the Services and stop representing yourself as a user of the Services.
Termination Fees: If you use the Services and earn any Payments, and your Account is terminated (by you or by us), we will charge you a Twenty-Five Dollar ($25.00) processing fee (“Processing Fee”) and we will have the right to deduct that amount from any remaining Payment(s) sent to you. If your Account contains less than the Processing Fee, we will have the right to keep the entire Account balance, such that you will not receive any further Payment.
Waiver: Any Payment which is outstanding and unclaimed for twelve (12) months or more after it is made to you becomes our sole property to retain or otherwise dispose of as we determine, in our sole discretion, without liability to you or anyone else.
All software available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using such software is at your sole risk, and you must comply with all international and domestic law, regulations and rules regarding your use of the Services.
You hereby release, indemnify and hold us and our parents, subsidiaries, affiliates, officers, directors, managers, employees, attorneys, representatives and agents, harmless from and against all claims, costs, damages, losses, liabilities, and expenses (including, without limitation, attorneys’ fees and costs), actions and damages of all kinds based on, arising out of or in connection with your use of the Services, Your Designs, Your Products and/or Products, your breach of these Terms and/or your use of any third-party site, service and/or product . If you are a California resident, you hereby waive California Civil Code Section 1542, which states that: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his favor at the time of executing the release, and that if known by him would have materially affected his settlement with the debtor or released party.” If you are a resident of another jurisdiction, you hereby waive any comparable statute or doctrine.
PLEASE READ THIS SECTION CAREFULLY. IT AFFE