EFFECTIVE DATE: September 20, 2016
THIS IS A LEGALLY BINDING AGREEMENT THAT AFFECTS YOUR RIGHTS. PLEASE READ IT CAREFULLY
This website (“Site”) provides information regarding services offered through PinkyTee, LLC (“PinkyTee”). These Terms of Service (“Terms of Service”) apply to anyone who visits our site, and elects to utilize our Service.
These Terms of Service shall apply to your use of the Site, regardless of whether you access the Site as an Artist or a User. By using the Site, you agree to be bound by these Terms of Service. We may change these Terms of Service at any time by posting revisions to the Site, and your continued use of the Site indicates your agreement to the revised terms. Accordingly, we urge you to review the Terms of Service, and if you do not agree to the terms of this or any revision hereof, please exit the Site immediately. Any rights not expressly granted herein are reserved by PinkyTee.
- SITE ACCESS. This Site provides a venue for: (i) individual artists (“Artists”) to submit artwork for printing on T-shirts and other products; (ii) users (“Users”) to vote on which artist’s work is to be used; and (iii) the sale and distribution of T-shirts and other products (“Products”). All services available via this Website shall henceforth be referred to as the “Services.” You are hereby granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Service. PinkyTee may change, suspend, or discontinue any aspect of the Site at any time. PinkyTee may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site.
- PERMITTED USE. You are permitted to use the Site solely for its intended purposes as set forth in Section 1 of these Terms. You acknowledge and agree that PinkyTee does not screen or censor any information, submitted by you, other Users, or Artists (“Submitted Content”). PinkyTee does not have any control over the quality, suitability, truth, accuracy, timeliness, safety, or legality of any Submitted Content. PinkyTee facilitates exchanges between Users, but does not oversee, control, or monitor any transactions or exchanges between them.
BY USING THE SERVICE, YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER USERS. As further detailed below, PinkyTee shall not be responsible for any loss or damage of any kind incurred as a result of any such interactions and/or dealings and PinkyTee will have no obligation to become involved in such dispute.
- PROHIBITED CONDUCT. You agree that you are only authorized to visit and view the Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute any text, images, graphics, videos, or other information featured on the Site (collectively “Site Content”) for any purpose, unless otherwise specifically authorized by us to do so. The Site Content and software on this Site is owned or licensed to PinkyTee and is protected by U.S. and international copyright laws. You also agree not to:
- Violate or solicit the violation of any applicable local, state, national or international law;
- Infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights;
- Distribute or reproduce any copyrighted material, trademarks, service marks, or other proprietary information contained on the Site without obtaining the prior consent of the owner;
- Use any of the Site Content on any other website or in a networked computer environment, including, without limitation, by uploading or republishing Site Content on any internet, intranet, or extranet site or incorporating Site Content in any other database or compilation for any purpose
- Restrict, inhibit or otherwise interfere with any other user from accessing or using the website, including, without limitation, by means of “hacking” or defacing any portion of the website, or by engaging in spamming or flooding PinkyTee’s servers or networks connected to the website with requests or in any other action that imposes an unreasonable or disproportionately large load on our website’s infrastructure;
- Use any robot, spider, site search/retrieval application, or other device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the structure or presentation of the website (except that this restriction shall not be interpreted to preclude a search engine from using a spider, robot, or similar device or process to crawl and index the site for purposes of feeding search results in response to applicable legitimate search queries);
- Frame or link to any Site Content or information available from our website, unless permitted by these Terms or with prior written authorization;
- Use meta tags or code or other devices containing any reference to PinkyTee or the Site in order to direct any person to any other website for any purpose;
- Reverse engineer, decompile, or otherwise disassemble any portion of the Site or any software used on or for the website;
- Violate or attempt to violate the security of the Site, including but not limited to attempting to probe, scan or test the vulnerability of a system or to breach authentication or other security measures without proper authorization;
- Post or otherwise transmit through our website any software or other materials that contain any virus, worm, time bomb, Trojan horse, spyware, adware or any other computer code, files or programs designed to interrupt or harm the functionality of any computer software or hardware or telecommunications equipment;
- Express or imply that any statements you make are endorsed or approved by PinkyTee without our prior written consent;
- Impersonate any person or entity or misrepresent your affiliation with any other person or entity;
- Stalk, harass, incite harassment or advocate harassment of any person, group, or company;
- Solicit personally identifying information for commercial or unlawful purposes from other users;
- Delete or modify any Submitted Content posted by any other person or entity;
- Post, upload, transmit, publish, display, or otherwise submit on or through the website any content or links to content that is unlawful, false, fraudulent, misleading, libelous, defamatory, vulgar, obscene, pornographic, sexually explicit, abusive, hateful, threatening, harassing, discriminatory, racist, implicitly or explicitly offensive to the online community, likely to cause annoyance or embarrassment, infringing upon an individual’s rights to privacy or publicity, or is otherwise objectionable as determined by PinkyTee’s discretion;
- Any advertisements, solicitations, or other content that involves the transmission of “chain letters”, “junk mail”, “spamming”, pyramid schemes, investment opportunities, or other unsolicited commercial communication, except as otherwise expressly permitted by PinkyTee;
- Any hyperlinks, other than those specifically authorized by PinkyTee;
- Any non-public information about a company without the company’s express authorization;
- SUBMITTING ARTWORK. If you submit works of art (“Artwork”) for the purpose of having it featured on a Product, you do so under the following terms:
(a) Original Works: All Artwork must be an original work of art that you created and to which you have sole and exclusive rights to display, publish, sell, and distribute.
(b) Ownership Rights: You will retain all copyright and other intellectual property rights in and to your Artwork. In the event your Artwork is featured in any Product, you grant a license to PinkyTee to utilize the Artwork for this purpose as set forth in Section 7.
(c) No Obligation: You will not submit Artwork that is obscene, pornographic, indecent, or offensive to persons of ordinary sensibility. PinkyTee has no obligation to accept your submission, and reserves the right to refuse to accept, post, or display any Artwork for any reason whatsoever, at its sole discretion.
(d) Voting: Unless rejected by PinkyTee, all Artwork shall be submitted to a public vote on whether it is to be included in a Product. PinkyTee reserves the right to refuse to produce and sell any Products that feature your Artwork regardless of the results of the voting.
(e) Sales: If your Artwork is chosen to be incorporated into a Product, you agree that PinkyTee shall have the sole right to sell T-shirts and other apparel that feature the Artwork for the day(s) that such Products are available for purchase on the Site.
(f) Commissions: PinkyTee will pay Artists whose Artwork is chosen to be featured on Products a commission of One Dollar ($1.00) per item sold by PinkyTee. Commissions are only payable on final sales, and will not be paid for items that are canceled, refunded, or exchanged (unless exchanged for another Product that bears your Artwork). Commissions are paid via PayPal two weeks following the conclusion of the sale day(s).
- LICENSES, REPRESENTATIONS, AND WARRANTIES. By submitting your Artwork, you are agreeing to the following:
- You grant- and represent and warrant that you have the right to grant- PinkyTee a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, copy, display, reproduce, adapt, modify, distribute, and publish such Artwork through the Site, social media platforms, and other media channels for the purpose of promoting such Artwork and/or PinkyTee, and to grant and authorize sublicenses (through multiple tiers) of the foregoing;
- You grant- and represent and warrant that you have the right to grant- PinkyTee a perpetual, irrevocable, non-exclusive, royalty-free, transferable worldwide license authorizing PinkyTee to incorporate such Artwork in Products in any manner and to any extent determined by PinkyTee, at its sole discretion;
- You represent and warrant that you are the creator and sole owner of the Artwork, that the Artwork is an original work of art, and that the public posting and use of your Artwork in the manner set forth herein will not violate the law or violate or infringe the rights of any third party (including but not limited the owner of any data, text, photographs, logos, images, videos, or other content incorporated into the Artwork), including all patent, trademark, service mark, copyright rights, and rights of publicity and privacy.
- If any element of your design incorporates or refers to the intellectual property of any third party, you represent and warrant that your design represents a satire, parody, critique, or independently valid social comment relating to said property.
- If at any time you receive a Notice of Infringement, Cease and Desist Letter, Takedown Notice, or any notification indicating that your Artwork my infringe upon the copyright or other rights or any third party, you will immediately notify PinkyTee of the same.
- SALES POLICIES. PinkyTee accepts Visa, Mastercard, American Express, and PayPal. Items purchased will ship within fourteen (14) days of the date of sale. Refunds and Returns are only accepted for defective items, or items received in the wrong size or color than what was ordered. All returns must be within 30 days from date of purchase. If you wish to return your product please email us at firstname.lastname@example.org and include your order number.
- VIOLATION OF THESE TERMS OF SERVICE. You understand and agree that in PinkyTee’s sole discretion, and without prior notice, PinkyTee may terminate your access to the Site, or exercise any other remedy available if PinkyTee believes that you have violated these Terms of Service, or the rights of PinkyTee or any third party. You agree that monetary damages may not provide a sufficient remedy to PinkyTee for violations of these Terms of Service and you consent to injunctive or other equitable relief for such violations. PinkyTee may release user information about you if required by law or subpoena.
- ERRORS ON OUR SITE. PinkyTee attempts to make sure that the information on this site is correct and complete. However, we make no representation that the information on the site is correct, complete, or current, nor do we guarantee that any information will be correct, complete, or current. Errors in content and functionality may periodically occur. If so, they will be corrected where discovered, and we reserve the right to revoke any offer and correct any errors, inaccuracies, or omissions.
- LINKS AND SEARCH RESULTS. The Site may contain links to sites operated by third parties throughout the Internet. PinkyTee has no control over these sites or the content within them, and we do not guarantee, represent or warrant that the content contained in any third party sites is accurate, legal and/or inoffensive, nor do we endorse the content of any third party site. PinkyTee shall not bear responsibility for any damages or losses, whatsoever, resulting from your following any links included on the Site.
- INTELLECTUAL PROPERTY. The trademarks, logos and service marks displayed on this Site are the property of PinkyTee or are otherwise licensed from third parties. You are not permitted to use trademarks, logos and service marks without prior written consent. You acknowledge that all content and materials available on this Site are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by PinkyTee or our licensors. Except where otherwise noted, you may download, print or view individual pages for noncommercial use, provided you do not delete or change any of the information, including copyright or trademark notices. PinkyTee shall retain exclusive ownership of all data, material and other information regarding the Site. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited.
- DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY. If you are notifying PinkyTee of alleged copyright infringement, please be sure to provide the following information in the form required by 17 U.S.C. Section 512: (i) A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works; (ii) A description of the allegedly infringing material and information sufficient to permit us to locate the material; (iii) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address; (iv) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and (v) A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
Designated DMCA Agent for Notification of Claimed Copyright Infringement
NAME: PinkyTee DMCA Agent
ADDRESS: 2053 Village Park Way, No. 229, Encinitas, CA 92024
We reserve the right to remove any content alleged to be infringing without prior notice, at our sole discretion, and without liability to you, and/or to terminate your account if it is determined that you knowingly posted infringing content.
- DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “WEBSITE CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER PINKYTEE, NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE WEBSITE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL PINKYTEE, OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE
Some jurisdictions do not allow the limitation of liability. In such jurisdictions, our liability to you for any damage or loss which arises out of or is in any way connected with your use of the Site is limited to the greatest extent permitted by law, or the amount you paid to us for any Products you purchased from the Site.
- INDEMNIFICATION. You agree to defend, indemnify, and hold harmless PinkyTee, together with its officers, directors, employees, and agents (the “Indemnified Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) threatened against or sustained by the Indemnified Parties that arise from or relate to: (i) your use of the Site; (ii) our use of your Artwork; (iii) any claim that your Artwork (or any element thereof), violates the rights of or causes damage to any third party or (iv) your violation of any of these Terms. This indemnification obligation will survive and continue for a period of one (1) year following your last use of the Site.
- DISPUTES. These Terms of Service and your relationship with PinkyTee shall be governed by the laws of the State of California without regard to conflict of law provisions. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to use of our service or these Terms of Service, including any tort claim, shall be filed within one (1) year after such claim or cause of action arose or be forever barred. Furthermore, you and PinkyTee agree that any claim arising out of or related to use of our service or these Terms of Service, including any tort claim, shall be subject to final and binding arbitration submitted solely in San Diego County, San Diego, and conducted by an independent third-party arbitration provider chosen by PinkyTee. Either party may elect to appear via telephone in any arbitration proceeding.
- FOR RESIDENTS OF CERTAIN STATES. If you are a California resident, by using the Site, you explicitly waive the rights granted to you under California Civil Code 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” If you are a New Jersey resident, certain sections of this document, including Sections 13 and 14 may not apply to you pursuant to the New Jersey Truth in Consumer Contract, Warranty, and Notice Act.
- INTEGRATION AND SEVERABILITY. These Terms of Service constitutes the entire agreement between PinkyTee and you with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of the Terms of Service is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.
- CHANGES TO THESE TERMS OF SERVICE. PinkyTee reserves the right to change these Terms of Service at any time without advance notice. In the event we elect to make a change, we will inform visitors by posting a notice on our Site advising of the change.
PinkyTee USA, LLC
2053 Village Park Way, No. 229
Encinitas, CA 92024