Terms of Service

TERMS OF SERVICE

IP Policy

CN Policy

Repeat IP Complaint

First Rights to Publish

Withholding & Tax Matters

Indemnification

Miscellaneous Provisions

Return Policy

Deposits

SmarDIY provides users with an automated Internet-based service to design and sell t-shirts and other custom products. By using SmarDIY and its services in any capacity, you have agreed to the terms and conditions of this Agreement and agree to use the site and service solely as provided in this Agreement. For additional clarification on these Terms of Service, please refer to SmarDIY’s Frequently Asked Questions section.

SMARDIY USER AGREEMENT:
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.

SmarDIY, L.L.C. (“SmarDIY”) provides its website and related services to you (“Seller” or “you”) subject to this User Agreement (the “Agreement”), the Intellectual Property Complaint Policy, the Counter-Notice Policy, the Repeat Intellectual Property Complaint Policy, the Refund Policy, and the Privacy Policy (this Agreement and the foregoing policies collectively referred to as “Terms of Service”). All of the terms and obligations set forth in the foregoing policies are incorporated by reference.

Arrangement between the Parties. Subject to the terms and conditions of this Agreement, during the Term, SmarDIY shall manufacture and deliver on behalf of Seller, the merchandise as specified and arranged by Seller pursuant to this Agreement.

Ordering and Delivery Procedure. The ordering procedure with respect to the sale of merchandise shall be as agreed upon by the parties as provided on the website of SmarDIY. Unless otherwise expressly agreed by the parties in writing, SmarDIY shall select the method of shipment of and the carrier for the merchandise. Any time quoted for delivery is an estimate only; provided, however, that SmarDIY shall use commercially reasonable efforts to deliver all merchandise on or before the requested delivery date. No delay in the shipment or delivery of any | merchandise relieves Seller of its obligations under this Agreement.

Price and Payment. Seller shall determine the price of the merchandise sold for each campaign, and SmarDIY shall retain from customer payment its determined base price as the cost of goods sold (including any additional expenses and fees Viral Style determines necessary to comply with the terms of this Agreement), and remit to Seller any amount in excess of such base price (“Seller Profits”).

BY CREATING A CAMPAIGN ON THE SMARDIY SITE:
You agree to accept and abide by SmarDIY’s 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 SmarDIY 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 SmarDIY may, in its sole discretion, release your contact information to a third party that satisfactorily alleges, pursuant to SmarDIY’s Intellectual Property Complaint Policy below, unauthorized use of its intellectual property.

Upon receipt by SmarDIY of an allegation of infringement that comports with SmarDIY’s Intellectual Property Complaint Policy, in SmarDIY’s sole discretion, your campaign may be subject to immediate cancellation, possible forfeiture of any profits, and suspension or termination of your account with SmarDIY. 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 SmarDIY and its affiliates harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or relating to your use of SmarDIY’s site and services, your violation of this Agreement, or your violation of any rights of another.

You agree that SmarDIY is not responsible for any consequential, indirect, or any special damages, including, but not limited to, lost profits, associated with any action taken by SmarDIY pursuant to this Agreement or your use of the SmarDIY service.

IP Policy

SmarDIY prohibits 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).

SmarDIY will consider complaints of possible infringement only from parties that own, or have the exclusive right to exploit, said intellectual property. SmarDIY is 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, SmarDIY will provide the campaign owner with your correspondence and contact information and direct the campaign owner to contact you within seven (7) days to resolve this dispute. If the campaign owner 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, SmarDIY 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 SmarDIY user, please notify SmarDIY at legal@smardiy.com. You must include within your notification the following information:

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.

The URL to the SmarDIY campaign(s) used in connection with the sale of the allegedly infringing merchandise.

Identification of the copyright, trademark, or other rights that allegedly have been infringed, including proof of ownership (such as copies of existing trademark or copyright registrations).

Your full name, address, telephone number(s), and email address(es).

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.

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 intellectual property or other right that is allegedly infringed.

Indemnification

Seller shall indemnify, defend and hold harmless SmarDIY and SmarDIY’s affiliates, employees, officers, directors, and agents from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, costs and expenses (including attorneys’ fees) which arise out of or relate to (i) any content submitted or posted by Seller, (ii) Seller’s use of, or connection with, SmarDIY’s website, (iii) Seller’s violation of any of the terms of this Agreement or the Terms of Service, or (iv) Seller’s violation of any rights of a third party. To secure Seller’s prompt and complete payment and performance of any and all present and future indebtedness, obligations and liabilities of Seller to SmarDIY including with respect to any indemnification arising out of the Agreement or the Terms of Service, Seller hereby grants SmarDIY a security interest in all proceeds of the merchandise (including Seller Profits and insurance proceeds). SmarDIY shall be entitled to all applicable rights and remedies of a secured party under applicable law.

IN NO EVENT SHALL SMARDIY AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TERMS OF SERVICE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT OTHERWISE OWED TO SELLER AS SELLER PROFIT.

Miscellaneous Provisions

Terms of Agreement Prevail Over Seller’s Campaign Purchase Order. The parties intend for the express terms and conditions contained in this Agreement (including any schedules and exhibits hereto), and the pricing terms as set forth for each campaign, to exclusively govern and control each of the parties’ respective rights and obligations regarding the subject matter of this Agreement, and this Agreement is expressly limited to such terms and conditions. Any attempt to modify, supersede, supplement or otherwise alter this Agreement, will not modify this Agreement or be binding on the parties unless such terms have been fully approved in a signed writing by both parties.

Relationship of the Parties. Nothing in this Agreement or the Terms of Service creates any agency, joint venture, partnership or other form of joint enterprise, employment or fiduciary relationship between the parties. Neither party has any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party or to bind the other party to any contract, agreement or undertaking with any third party.

Entire Agreement. This Agreement (and the Terms of Service) constitute the entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.

Assignment. Seller may not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of SmarDIY. SmarDIY may assign any of its rights or delegate any of its obligations hereunder in SMARDIY’S sole discretion.

SERVERABILITY:
If any term or provision of this Agreement (or the Terms of Service) is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability does not affect any other term or provision of this Agreement (or the Terms of Service) or invalidate or render unenforceable such term or provision in any other jurisdiction.

GOVERNING LAW; VENUE:
This Agreement and the Terms of Service shall be governed by the laws of the State of Arizona, without giving effect to the principles of conflicts of laws. Each party consents to the personal jurisdiction of the Federal, state, or local county courts located in Maricopa County, Arizona. Each party agrees that any such court shall have in personam jurisdiction over such party and consents to service of process by notice sent to the address set forth above and/or by any means authorized by law.

Waiver of Jury Trial. Each party waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement or the Terms of Service.

Deposits

All payments before the 30th of each month will be paid on the 7th every month. All payments before the 7th of the month will be paid on the 14th of each month.

See “Support” or “F&Q” for more information.

If you still have questions feel free to click “Contact Us” and write us a description of your question.