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.