User Agreement

TERMS AND POLICIES

WELCOME TO PRINTORACLE.COM. Please carefully read these terms and conditions of use. By accessing or using this website, you agree to be bound by the terms and conditions described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not use this website.

Print Oracle provides its website and related services ("Site Terms") to you, subject to the following user agreement ("Agreement"). If you do not agree with any of the terms of this Agreement, do not access or otherwise use this site or any information contained on this site. Your use of this site shall be deemed to be your agreement to abide by each of the terms set forth below. Print Oracle can change this Agreement at any time by posting an updated user agreement on this site.

Any changes or modification will be effective immediately upon posting of the revisions on the Site and shall apply to all use of the Site and all acts or omissions occurring after the effective date of the revised Site Terms. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, your license to use the Site will terminate, and any further use will be unauthorized, so you must stop using the Site. IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, YOU MAY CONTACT US AT support@printoracle.com.

Privacy Policy

Your privacy is very important to Print Oracle. Users of this Site should refer to our privacy policy for information about how Print Oracle collects and uses personal information. By accepting this Agreement, you expressly consent to Print Oracle's disclosure and use of your personal information as described in the Privacy Policy, which is incorporated herein by reference.

Terms of Sale

All sales from the Site are sold by PrintOracle.com. The following terms and conditions of sale ("Sale Terms") apply to your purchases of any products from Print Oracle, except to the extent that you have entered into a separate written agreement with Print Oracle that supersedes some or all of these Sale Terms. These Sale Terms are subject to change without prior written notice at any time, in Print Oracle's sole discretion. By placing an order for products through this website (the "Sites"), you agree to be bound by and accept the terms and conditions in effect at the time of such order. Other than as specifically provided in any separate written agreement between you and Print Oracle, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), and all sales are expressly conditioned upon your agreement to these terms and conditions.

Your Account

When you purchase from Print Oracle, an account may be created by you as part of the checkout process. You are responsible for maintaining the confidentiality of your password and for restricting access to your password, and you agree to accept responsibility for all activities that occur under your account.

Payment Terms

Print Oracle currently accepts VISA, MasterCard, American Express, Discover credit cards, and PayPal.

Shipping Terms and Policies

We endeavor to process all orders for in-stock items within 3 business days. Our standard business hours are Monday through Friday 8 a.m. to 5 p.m. Eastern Time. Standard shipping is typically via UPS ground, and you should allow 3-7 business days for standard delivery once an order has been shipped. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order. If expedited shipping is required, please select that as your shipping choice.

All shipping charges are the responsibility of the customer. Shipping charges will be included on your invoice and can be viewed on a summary screen prior to finalizing your order. Shipping charges are based on the delivery location and method you select during the checkout process. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice, provided that if the actual shipping charge is more than the amount shown on your invoice, we will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order.

All orders are shipped FOB Shipping Point. Title to products passes from Print Oracle to you upon shipment, and we are not responsible for any shipping delays or problems once the product has been shipped.

Lost Packages

If your package was lost in transit, Print Oracle will replace your items at no cost. Items will be shipped out standard shipping. The buyer must pay for expedited shipping services.

Product Availability and Pricing

Print Oracle and its suppliers continually upgrade and revise its products and service offerings to provide you with new products and services. Print Oracle may revise or discontinue products at any time without prior notice to customers, and products may become unavailable to customers even after an order is placed. All prices are subject to change without notice.

Product Descriptions, Pricing Errors

Print Oracle attempts to be as accurate as possible and eliminate errors on this Site. However, we do not warrant that product descriptions, photographs, pricing, or other content of this site are accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by Print Oracle is not as described or pictured, your sole remedy is to return it in unused condition for a refund. In the event of an error, whether on the Site, in an order confirmation, in processing an order, or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.

Who We Sell To

Print Oracle only sells products to adults. If you are under 18, you may use our Site only with the involvement of a parent or guardian. Print Oracle reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

User Conduct

In using this Site, you agree not to:

A. Upload, download, post, email, or otherwise transmit any materials including but not limited to text, data, photos, graphics, stitch files, or any of these elements in combination as a design for products available on this Site or otherwise ("Content") that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable, or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy, and intellectual property.

B. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

C. Upload, download, post, email, or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can't use images of celebrities or corporate products, nor images, text, or design that you've copied from a website without written permission from the owner. You cannot create a "new" image using elements from images other people have created. And you cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state, and local laws, regulations, and ordinances.

D. Upload, download, post, email, or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.

E. Upload, download, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation.

F. Upload, download, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

G. Upload, download, post, email, or otherwise transmit false or misleading information.

H. Disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.

I. Access, tamper with, or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

J. Disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites.

K. Frame or link to the Site except as permitted in writing by Print Oracle.

L. Incorporate images or names that would violate a person's right of privacy or publicity; or incorporate a celebrity, current or former leaders, politicians, religious figures, convicted criminals or notorious persons, or other famous person's name or likeness.

You acknowledge that Print Oracle does not pre-screen submitted Content, but that Print Oracle and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is available via the Site. Upon placing your order, you acknowledge that Print Oracle may review your order, and the Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement. Without limiting the foregoing, Print Oracle and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable to Print Oracle. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content created by or submitted to Print Oracle. You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither Print Oracle nor any other party involved with the production of any product incorporating such Content assumes that responsibility. Print Oracle's production of any product depicting your Content does not indicate that Print Oracle approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.

You acknowledge and agree that Print Oracle may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

i. Comply with legal process.

ii. Enforce this Agreement.

iii. Respond to claims that any Content violates the rights of third parties or.

iv. Protect the rights, property, or personal safety of Print Oracle, its users, and the public.

You understand that the technical processing and operation of the Site, including your Content, may involve:

i. Transmissions over various networks.

ii. Changes to conform and adapt to technical requirements of connection networks or devices.

You agree that you are responsible for actions and communications undertaken under your account. Print Oracle takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography, or profanity you or a third party may encounter. You agree to waive any claims against Print Oracle and its affiliates, contractors, agents, and employees for losses, damages, and injuries that are based on or relate to communications, Content, or materials on the Site. You agree to indemnify Print Oracle and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.

You agree that you will use this Site and any products, stamps ordered on this Site in accordance with all applicable United States federal, state, and local laws, statutes, regulations, and ordinances and will not take any action that harms or violates the rights of any person or entity.

Proprietary Rights

You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc., or other material contained or distributed on or through the Site, by Print Oracle, its advertisers, or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Site without the authorization of the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site, in violation of applicable copyright and other intellectual property laws.

You retain all ownership rights to your Content submitted to the Site. By submitting Content to Print Oracle, you grant PrintOracle.com a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your Content for the purpose of printing and manufacturing your Content on your purchased shirt(s).

You acknowledge and agree that the Site and any software provided to you or used in connection with the Site, including, for example, and without limitation, any APIs or other scripts ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except to the extent that a separate click-on agreement applies to a particular piece of Software, subject to your compliance with the terms and conditions of this Agreement, PrintOracle.com grants you a non-exclusive, non-transferable, non-sublicensable license to use the Software solely as necessary to use this Site and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.

The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to opt(excluding your Content you created and submit) will automatically be deemed to be assigned, granted, and transferred by you to opt upon their submission or communication to PrintOracle.com and you do assign all rights therein to opt and agree that the same will automatically become the property of opt and that opt may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose opt may elect, forever.

Intellectual Property Policy

Print Oracle respects the intellectual property rights of others. We ask our users to do the same. Print Oracle may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.

If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify Print Oracle's Copyright manager, and provide the following information ("Notice"): contact: support@printoracle.com or report to DMCA.

A. Electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest.

B. A description of the copyrighted work and/or trademark claimed to have been infringed.

C. A description of where the claimed infringing Content is located on our Site.

D. Your address, telephone number, and email address.

E. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law.

F. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.

Warranty

You represent and warrant that you are the owner of the content which you submit and that the content does not infringe upon the property rights, intellectual property rights, copyrights, and trademarks, or other rights of others. You also represent that there are no outstanding disputes in connection with the property rights, intellectual property rights, or other rights in the content or any parts of the content. You hereby represent and warrant to us that this agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation enforceable against you in accordance with its terms and that the execution, delivery, and performance by you of this agreement are within your legal capacity and power, have been duly authorized by all requisite action on your part, require the approval or consent of no other persons, and neither violate nor constitute a default under the:

I. Provision of any law, rule, regulation, order, judgment, or decree to which you are subject or which is binding upon you, or

II. The terms of any other agreement, document, or instrument applicable to you or binding upon you.

Indemnity

You agree to defend, indemnify, and hold Print Oracle and Print Oracle's officers, directors, employees, agents, and licensors harmless from all judgments, awards, losses, liabilities, costs, and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on:

a. Content you submit, post to, or transmit through the Site.

b. Your use of the Site.

c. Your connection to the Site.

d. Your violation of the Agreement, or

e. Your violation of any rights of a third party.

No Resale

You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site without Print Oracle's express written consent.

Termination/Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, Print Oracle has adopted a policy of terminating, in appropriate circumstances and at Print Oracle's sole discretion, subscribers, account holders, or users who are deemed to be repeat infringers. Print Oracle may also, at its sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Print Oracle may immediately bar any further access to such files of the Site. Further, you agree that Print Oracle shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site.

Links

The Site may provide, or third parties may provide, links to other websites or resources. Because Print Oracle has no control over such sites and resources, you acknowledge and agree that Print Oracle is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources or the policies of such sites and resources. Print Oracle is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource.

Public Reputation

You acknowledge and agree that you will not use any product ordered from the Site in a way that would be damaging to Print Oracle's public reputation or that of its employees, board members, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display any product ordered from Print Oracle in a public setting, including on the Internet, in a way that disparages Print Oracle, Print Oracle's board members, employees, shareholders, or partners, or the United States Postal Service, Print Oracle reserves the right to demand immediate return of the product, to furthermore pursue all recourses and remedies available under the law, and, in the case of stamps, to invalidate your stamps via cancellation of the bar code. If your stamps are invalidated, Print Oracle's sole and exclusive obligation and your sole and exclusive remedy shall be a full refund of all fees paid by you.

Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, PROGRAMS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PRINT ORACLE AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PRINT ORACLE DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU AGREE THAT PRINT ORACLE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA, OR SOFTWARE DISTRIBUTED BY, DOWNLOADED, OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA, AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT PRINT ORACLE DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, PRINT ORACLE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. YOU ACKNOWLEDGE THAT PRINT ORACLE MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PRINT ORACLE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Limitation of Liability

Under no circumstances, including without limitation its own negligence, shall Print Oracle or its parents, subsidiaries, officers, employees, affiliates, directors, agents, suppliers, or any other party involved in creating, producing, transmitting, or distributing Print Oracle or related services be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Print Oracle has been advised of the possibility of such damages), resulting from:

A. The use or inability to use the site.

B. The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the site.

C. Unauthorized access to or alteration of your transmissions or data.

D. Statements or conduct of any third party on the site, or

E. Any other matter relating to the site. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.

Severability

If any provision of this Agreement is invalid, illegal, or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and the remaining provisions of this Agreement shall in no way be affected or impaired.

General

These terms and conditions and your relationship with Print Oracle shall be governed by and construed in accordance with the laws of the state of Michigan, without resort to its conflict of law provisions. You and Print Oracle agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Oakland, Michigan. No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by this Agreement. Print Oracle may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. Print Oracle's failure to act with respect to a breach by you or others does not waive Print Oracle's right to act with respect to subsequent or similar breaches. This Agreement, together with the Nonexclusive License Agreement and the Associate Agreement, constitutes the entire agreement between you and Print Oracle and supersedes all other communications, written or oral, with regard to the Site and services provided by Print Oracle.

Print Oracle Terms of Use for Sellers

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.

Thank you for selecting the services we offer through our websites, mobile applications, and/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.

Registration

We require that you register and set up a user account to use the Services to sell Your Designs (defined below) (“Account”). By registering or otherwise accessing, downloading, installing, using, and/or partaking of the Services, you represent and warrant that (a) you are at least eighteen (18) years of age and (b) you have provided us with true, accurate, and current information about yourself during the registration process (including, without limitation, your name and valid email address). You acknowledge that erroneous information may lead to an inability for us to make Payments to you. You represent and warrant that you will provide and maintain true, complete, and current Account information and keep your tax information, email address, and phone number valid as long as your Account remains active. Registration data and other information that you provide are governed by our Privacy Policy. You may not access or use the Services in any manner if you are younger than eighteen (18) years old. By providing your contact information to us, you agree that we may contact you in connection with your Account. You are solely responsible and liable for any breach of the warranties included in this paragraph.

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. We will not be responsible or liable for any unauthorized usage of your Account.

Mobile Services

Certain of the Services may be 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. You are solely responsible for all fees arising out of any usage of the Mobile Services. 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.

Your Designs

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, musicians, 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:

The shared marketplace hosted by us ("Marketplace");

Dedicated Fan Art pages;

Your own private store (fees apply), set up and run by you and hosted on our website ("Shop"); and

The stores of our retail partners, such as Amazon, eBay, and Walmart (each, a “Partner Store”).

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 are solely responsible and liable for all claims, damages, or other disputes if Your Designs (a) infringe on any third parties' intellectual property or proprietary rights, or (b) contain language, images, or depict any kind of offensive material (including but not limited to, racist, homophobic or anti-LGBTQ+, discriminatory, or prejudicial issues).

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, and we reserve the right to terminate access to your Account, the Services, and/or Products if you are found in violation of these Terms. 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 the 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. We reserve the right to revoke your rights to access or use Fan Art in Your Designs or Your Products for any reason at any 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, adjusting placement on Your Products, and other similar processes; 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 or agreement 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. We shall not be responsible or liable for your breach of the warranties set forth in this paragraph.

Without limiting the generality of the foregoing paragraph, you acknowledge that we will need to work with Your Designs and Fan Art 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, for any reason, and 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.

Our Intellectual Property

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 are 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.

Third-party 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 and for the specific and limited purposes for which we see fit. We reserve the right to revoke your use or access to Third-party Content for any reason. You may not use Third-party Content:

For any other purposes whatsoever without the prior express authorization of its owner;

Except solely as incorporated into a Product, or otherwise download it in its original, unaltered form outside the Service;

In any manner that would violate the Prohibited Uses of the Services section of these Terms;

As a trademark, service mark, or logo; or

For any reason that would violate these Terms.

We are permitted to suspend or terminate your Account if you use or access Third-party content in any unauthorized manner. We shall not be held responsible or liable if you use or access Third-party content that violates these Terms.

Prohibited Uses of the Services

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:

Transmit any content that (a) is unlawful, threatening, abusive, harassing, tortious, violent, defamatory, libelous, slanderous, vulgar, obscene, pornographic (involving minors or otherwise), hateful or abusive, racist, homophobic or anti-LGBTQ+, discriminatory, prejudicial, or otherwise similarly objectionable, (b) portrays any person depicted therein in a manner that a reasonable person would find offensive or portrays any person [1] in connection with pornography, “adult videos,” adult entertainment venues, escort services, dating services, or the like, [2] in connection with the advertisement or promotion of tobacco products, [3] as endorsing a political party, candidate, elected official, or opinion, [4] as suffering from, or medicating for, a physical or mental ailment, or [5] engaging in immoral or criminal activities, (c) poses or creates a privacy or security risk to any person, (d) constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, contests, sweepstakes or any other form of solicitation, (e) characterizes any unlawful or immoral activity as acceptable, glamorous or desirable, (f) denigrates or offends any ethnic, racial, sexual or religious group, or persons who are physically or mentally challenged, (g) makes inappropriate use of swastikas or other symbols of racism or intolerance and/or glamorizes the actions of Hitler or other individuals or groups advocating ethnic cleansing, genocide, the erasure or destruction of a country, civilization or ethnic group, or similar activities, (h) uses messages, marks or symbols that support cults or conspiracy theories that have been disproven or that are rooted, in whole or in part, in intolerance, or (i) contains images or likeness of minors without the valid authority to do so;

Harass another person by any means including, without limitation, by using their email account, address or password, or falsely state or otherwise misrepresent your affiliation with any person or entity;

Violate any applicable local, state, national or international law, regulation or rule;

Transmit or make available any content that you do not have the lawful right to Transmit, that would infringe the intellectual or proprietary rights of any third party (including, without limitation, copyright, trade secret, trademark, service mark or patent rights), or that would violate any person's right of privacy or publicity;

Engage in any conduct that would interrupt, destroy, limit or harm the Services or enable you to gain unauthorized access to the Services, including, without limitation, by using viruses, Trojan horses, worms or malicious computer code, programs or files;

Reproduce, copy, sell, or commercially use (including, without limitation, the right to access) the Services;

Solicit personal information from anyone under the age of eighteen (18);

Harvest or collect email addresses or other contact information of other users from the Services by electronic or other means;

Further or promote any criminal activity or provide instructional information about illegal activities; or

Engage in any other activity or conduct we deem inappropriate.

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