By violating this user agreement in any capacity, you are subject to an immediate removal of your campaign(s), possible forfeit of profit(s), and potential suspension or termination of your account.
By creating a campaign on the site:
· You agree to accept and abide by our Terms of Service in their entirety.
· With respect to any trademarks, service marks or copyrights that you have licensed from the owner thereof (the “Licensed Rights”), you agree to comply with any restrictions or conditions imposed on the use of the Licensed Rights.
· You agree that you are the owner, or licensee, of all rights associated with any created or uploaded artwork or text, including but not limited to, the trademarks and copyrights that may be associated with said material. If you are not the owner, you agree to provide us with evidence of the permission given to you by the owner.
· You agree that the description and title of the campaign do not, either in and of themselves or in addition to the text and images featured in the created merchandise, infringe upon the rights of any third party.
· You understand and agree that we may, in our sole discretion, release your contact information to a third party that satisfactorily alleges—pursuant to our Complaint policy, below— unauthorized use of its intellectual property.
· Upon receipt by Threadfully of an allegation of infringement that comports with our Complaint Policy, in our sole discretion, your campaign may be subject to immediate cancellation, possible forfeiture of any profits, and suspension or termination of your account with us.
· You agree not to provide untrue information in your campaign including, but not limited to: the amount of product for sale, the origin of production of the product, or the intended recipient of profits.
· You agree not to solicit potential buyers through information posted in your campaign other than the purchase of the primary item(s). This includes raffles, chances to win, and other representations of additional opportunities beyond the sale of the primary item being sold.
· You agree to defend, indemnify and hold us and our affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use of our site and services, your violation of this agreement, or your violation of any rights of another.
· You agree that we are not responsible for any consequential, indirect or any special damages, including, but not limited to, lost profits, associated with any action taken by us pursuant to this Agreement or your use of our service.
Intellectual Property Complaint Policy
We prohibit users from using the service to sell merchandise that infringes upon third party intellectual property rights (such as copyright, trademark, trade dress and right of publicity).
We will consider complaints of possible infringement only from parties that own, or have the exclusive right to exploit, said intellectual property. We are not in a position to adjudicate disputes. If you believe a campaign contains content that is not authorized, upon receipt of the information enumerated below, we will provide our customer with your correspondence and contact information and direct the customer to contact you within seven (7) days to resolve this dispute. If the customer does not contact you, or if the issue is not resolved to your satisfaction, please let us know. In cases of an alleged infringement, in our sole discretion, we may take down the campaign and refund all buyers, provided that the conditions, below, are satisfied.
If you believe that your intellectual property rights have been infringed upon by a user, please notify us at firstname.lastname@example.org. You must include with your notification the following information, in PDF format.
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that you allege is being infringed;
2. The URL to the campaign(s) used in connection with the sale of the allegedly infringing merchandise;
3. Identification of the copyright, trademark or other rights that allegedly have been infringed, including proof of ownership (such as copies of subsisting trademark or copyright registrations);
4. Your full name, address, telephone number(s) and email address(es);
5. A statement that you have a good-faith belief that use of the material in the URL submitted is unauthorized by the rights owner, or its licensee, and such use amounts to infringement under federal or state law; and
6. A statement, under penalty of perjury, that the information in the notification is complete and accurate and that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.
We Respect the Prior, Legitimate Rights of the First to Publish a Campaign
Sometimes, later campaigns copy earlier campaigns that contain original artwork. Our policy is that every original image or design uploaded onto our site is protected against exact duplication, or use in a confusingly similar (trademark) or substantially similar (copyright) manner.
We will accept complaints and notification of possible infringement from customers that claim ownership of said original content from an earlier campaign.
Once notified, we, in our discretion, may remedy any alleged infringement by removing unauthorized content. Alternately, we may notify the allegedly infringing party and provide a warning; instances of further infractions can lead to possible suspension or termination of their accounts.
If you see a campaign containing your original image or design and would like to report it to us, contact us at email@example.com with the following information:
1. The URL(s) used in connection with the sale of the allegedly infringing merchandise; and
2. The URL(s) of your campaign and date of first use