TERMS OF SERVICE
Please read carefully before using the services offered by BurgerPrints.com
Brand is an innovative, user-driven online service that gives people the ability to design and sell t-shirts as well as other custom products. By using brand and its properties, you have agreed to the terms and conditions of this document and agree to only use the site and its service as allowed and outlined in this Agreement. If you have any other questions not addressed in this terms of service, kindly refer to our Frequently Asked Questions page.
By violating any clauses in this User Agreement, we are reserved the right to remove your campaign(s), forfeit your profit(s), and suspend or terminate your account as we see fit, under the guidelines set in this agreement.
Arrangement between the Parties. Subject to the terms and conditions of this Agreement, during the Term, Brand shall produce - manufacture and deliver - on behalf of Seller, the merchandise as specified and arranged by Seller in accordance to this Agreement.
Ordering and Delivery Procedure. The ordering procedure of the merchandise shall be agreed upon as specified on the brand’s website. The brand shall select the shipment method and the carrier of the merchandise, unless otherwise requested by the seller and agreed by brand. Quoted delivery hours are only time estimates, and can change depending on available resources or circumstances; provided, however, that brand shall utilize any commercially reasonable efforts to deliver all merchandise on or before the quoted delivery date. No delay in shipment or delivery in any merchandise relieves Seller of the obligations under this Agreement.
Price and Payment.
The Seller shall specify the price of merchandise/goods sold for each of campaign, which Brand shall retain. The specified price (base price) shall be the total due cost sold from customer payment, wherein also is inclusive of additional expenses and fees that brand determines necessary to comply with the terms of this Agreement), and remit to Seller any amount in excess of the said base price, or “Seller Profits.”
BY CREATING A CAMPAIGN ON THE BRAND SITE:
You agree to accept Brand’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 understand that in all your campaigns, and in your merchandise, you are the owner or licensee of ALL rights associated with any created or uploaded artwork, material, or text, including but not limited to: the trademarks and copyrights that may be associated with any material. When using licensed properties, you agree to provide Brand with evidence of the permission given to you by the said material’s owner.
You therefore understand that any texts used for the description and the titles of the campaigns do not infringe upon the rights of any party. Thus, you can name campaigns as you see fit.
Understand and agree that Brand may, when necessary or in its sole discretion, release your contact information to a third party that, with enough proof and documentation, satisfactory alleges, pursuant to Brand’s Intellectual Property Complaint Policy, unauthorized use of its intellectual property.
Upon receipt of an infringement complaint or allegation that comport with Brand’s Intellectual Complaint Policy, Brand may, in its sole discretion, suspend or cancel your campaigns and account, along with possible forfeiture of any profits from them.
You agree to only provide true information in your campaigns, including but to exclusive to: the amount of product for sale, the manufacturing location and origin of the product, and the intended recipient of profits.
You agree not solicit potential buyers other than the purchase of the primary item(s); such includes for to limited to: raffles, chances to win, coupons, and other opportunities that are beyond the transaction made on the site –the primary item(s) being sold.
You agree to defend, indemnify, and hold Brand and its partners and affiliates from and against any claims, damages, and any costs including attorneys’ fees, as a result or in relation to your usage of Brand’s website and service, in violation of this Agreement, or any rights of a third party, intellectual property use or otherwise.
You understand that Brand is not responsible for any damages – consequential, indirect, or punitive, including but not exclusive to: lost profits, associated with any action taken by Brand in pursuant to this agreement or use of Brand’s site and services.
INTELLECTUAL PROPERTY COMPLAINT POLICY
Brand prohibits users from using the website and service to display and sell merchandise that infringe upon third party intellectual property rights (such as copyright, trademark, trade dress, and right of publicity).
The brand will only consider infringement complaints only from parties that own or have the exclusive rights on the said intellectual property. Brand is not in a position to adjudicate disputes. If you believe a merchandise or campaign contain content that is not authorized to use an intellectual property, upon receipt of the information enumerated below, Brand will give the Seller / campaign owner with your complaint, request, or any correspondence along with your contact information. Brand will direct the campaign owner to contact you within seven (7) days to resolve this dispute however both parties see fit. If the campaign owner fails to contact you, or if the issue is persists or is not resolved to your liking, please let us know. In cases of an infringement complaints, Brand, in its sole discretion, may take down the campaign, the Seller account, and refund all buyers, provided that the conditions, below, are satisfied.
If you believe your intellectual property rights have been infringed upon by a Brand Seller or user, please notify Brand at [email protected] You must include within your message the following information:
- A physical or electronic signature of an authorized personnel to act on behalf of the owner of the intellectual property that you believe is being infringed.
- The web address (URL) to the Brand campaign(s) that contains the allegedly infringing merchandise.
- Identification of the copyright, trademark, or other rights that you believe to have been infringed.
- Proof of ownership of the identified intellectual property (such as copies of existing trademark or copyright registrations).
- Complainant’s full name, street address, telephone number(s), and email address(es).
- A written statement that states that the use of the intellectual property by the Seller through the web address / URL submitted is unauthorized by the rights owner, or its licensee, and such tantamount to infringement under federal or state law.
- A statement, under penalty of perjury, that the provided information in the complaint is complete and accurate, and that you are given due authority to act on behalf of the owner of the intellectual property or other right that is reported to be infringed.
If you believe that an intellectual property infringement complaint was filed or reported in error or by misidentification, you may file a counter-notice. If you present false proof, or materially misrepresent in your counter-notice that your design does not infringe upon the intellectual property, you may be held liable for damages to the intellectual property owner (including costs and attorney’s fees). That said, if you are not sure whether the your design or other materials or terms used infringe on any intellectual property, please consult with an attorney before filing the counter-notice. The counter-notice should be submitted to [email protected] and must include the following information:
- Your physical or electronic signature ie: the person filing the counter-notice
- Your full name, address, telephone number(s), and email address(es);
- Identification of the material before it was removed, providing the URL to the brand campaign(s) with the sale of the said infringing merchandise, or the brand campaign number;
- A written statement, under penalty of perjury, that the complaint and claim of intellectual property infringement was filed by mistake or misidentification, which led the access to the said material to be removed or disabled;
- Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and
- Your consent to accept and abide to the service of process from the party who submitted the takedown notice (complainant) or an agent of that said party.
If you are to submit a counter-notice, a copy of your counter-notice may be sent to the complainant, informing them that brand may replace the removed or disabled material, or re-enable it in 10 business days. Unless the owner of the intellectual property files a court order against you, the removed or disabled material may be replaced, or your access to it restored in ten (10) to fourteen (14) business days after receiving the counter-notice.
REPEAT INTELLECTUAL PROPERTY COMPLAINT POLICY
If Brand receives repeated notices that you have used in your campaigns and merchandise intellectual property without permission or authorization, Brand may terminate your account. Brand keeps track of intellectual property rights infringement cases, and users with repeat violations, which Brand uses to determine when to suspend or terminate your account.
In most cases, when content is removed or blocked because of a legal request to do so from the intellectual property owner, you will incur an intellectual property strike. Penalties will vary with the number of strikes incurred over a one-year period:
- Three (3) intellectual property strikes will get your account will be suspended for one (1) month.
- Four (4) intellectual property strikes will get your account will be suspended for three (3) months.
- Five (5) intellectual property strikes will get your account will be suspended for six (6) months.
- Six (6) or more intellectual property strikes will get your account terminated.
If you submit a counter-notice to dispute the intellectual property owner’s complaint and that counter-notice is not acknowledged or answered by the intellectual property owner, or if the dispute leads to legal proceedings and the court findings clearly states that you have not infringed the owner’s intellectual property, brand will take away the incurred strike for the said violation. Likewise, if the intellectual property owner retracts the notice or complaint, brand will remove the strike.
Brand has the right to terminate accounts that violated its Terms of Service, regardless of how many strikes are involved.
BRAND RESPECTS THE PRIOR, LEGITIMATE RIGHTS OF THE FIRST TO PUBLISH A CAMPAIGN
In some cases, later campaigns copy earlier built campaigns that contain original artwork on our site. Our policy is that every original image or design uploaded onto Brand is protected against exact duplication, or use in a confusingly similar (trademark) or substantially similar (copyright) manner.
Brand will accept infringement complaints and notifications from customers that claim ownership of the aforementioned original content from an earlier campaign.
When notified, Brand, in its discretion, may remedy any alleged infringement by temporary removing unauthorized content. Alternatively, Brand may notify the allegedly infringing party and provide a warning. Further infractions may lead to suspension or termination of the alleged infringing party’s account.
If you want to know more about these policies, please reference Brand’s Frequently Asked Questions section.
If you spotted a merchandise or campaign that contains your original image or design and would like to report it to Brand, send us a notification at [email protected] with the following information:
- The web address(es) / URL(s) that contains the sale of the allegedly infringing merchandise; and
- The web address(es) / URL(s) of your campaign and date of first use.
WITHHOLDING AND TAX MATTERS
It is understood that the transactions and services aforementioned in this Agreement will not impose a withholding obligation upon Brand under Section 1442 of the Internal Revenue Code, as amended (the “Code”). Notwithstanding the foregoing, if Brand concludes that it has an obligation to withhold under Section 1442 of the Code (or other applicable law) with respect to Profits of the Seller, Brand will withhold all applicable income tax from any payments or Seller Profits otherwise due to Seller.
The Seller shall be solely responsible for payment of its own taxes, which may be referenced or arise under the Agreement, and shall cover Brand for any tax obligations, including for federal income tax withholding, which may arise as a result of this Agreement.
Seller shall indemnify, defend and hold harmless Brand and its affiliates, employees, officers, directors, and agents from and against all suits, claims, demands, actions, damages, liabilities, losses, settlements, costs and expenses (including attorneys’ fees) which may arise out of or in relation to (i) any content posted or submitted by the Seller, (ii) The Seller’s use of, or in connection with Brand’s website, (iii) Seller’s violation of any of the terms specified in this Agreement or the Terms of Service, or (iv) Seller’s violation of any rights of a third party. To secure Seller’s complete and prompt payment and performance of any and all present and future indebtedness, obligations and liabilities of Seller to Brand, including with respect to any indemnification arising out of the Agreement or the Terms of Service, the Seller hereby grants Brand a security interest in all of the Seller’s proceeds of the merchandise from the Brand website (including Seller Profits and insurance proceeds). Brand shall be entitled to all applicable rights and remedies of a secured party under applicable law.
IN NO EVENT SHALL BRAND AGGREGATE LIABILITY ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE TERMS OF SERVICE, WHETHER ARISING OUT OF OR IN RELATION TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT OTHERWISE OWED TO SELLER AS SELLER PROFIT.
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 set forth for each campaign, to govern exclusively 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. Attempts to modify, supplement, supersede 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. The parties associated are independent. 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 authority to bind 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 without the receiving party’s prior content.
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. The Seller is not allowed to assign any or the entirety of its rights or delegate any of its obligations under this Agreement without the prior written consent of Brand. Brand may assign any of its rights or delegate any of its obligations hereunder in Brand’s sole discretion.
Severability. It is the intention of the Parties to comply with all given laws. 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 Florida, without regard to conflicts of laws principles thereof. Each party consents to the personal jurisdiction of the Federal, state, or local county courts located in Hillsborough County, Florida. 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 herein waives any of its right to a trial by jury in respect of any legal action arising out of or relating to this Agreement or the Terms of Service.
Brand works hard and in confidence, makes sure that our all of our campaigns’ merchandise are printed with high-quality standards possible & shipped accurately and in a timely manner as requested. Brand accepts returns, and will issue a replacement or refund within a 30-day period at he end of the campaign, or 10 days of the delivery (whichever is later) for any of the following reasons (with visual confirmation): The product delivered is flawed; the printing quality of the merchandise is substandard or poor; or if the final product is reasonably and materially different than the design presented in the campaign where the merchandise was purchased. If your purchase meets any of the above criteria, please contact Brand at [email protected]
API Orders (3rd Party Applications). If you have any claims for misprinted/damaged/defective items resulting from 3rd-party application orders, these complaints must be submitted within 30 days of the receipt of the product. If there are claims that are found to be an error on our part, you will be eligible for refund or replacement at our expense.
These Services are operated and provided by Brand L.L.C. If you have any concerns or any other clarifications and questions about these Terms, please contact brand at [email protected]