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Thank you for visiting www.udesigntees.com (the “Site”) which is owned and operated by Udesigntees (“Udesigntees”, “We” or “Us”).
Udesigntees is a website created with the purpose of spreading creativity and individuality. Udesigntees is the new meeting site for designers, artists, and users with unique concepts created and have them printed on products available on U Design Tees.
It is significantly important for all types of users of Udesigntees including customers, browsers, and shop owners to respect the ownership rights of the created designs and contents, as well as copyrights and trademarks. Only the designs created by the individuals themselves can be uploaded and authorized for permission to others to use them. All clients including a buyer, designer/shop owner, and browsers, are considered a “User” (“User” or “You”) under these Terms and Conditions.
Designers/Shop Owners need to be aware of the legal responsibilities while publishing their work and ensure no laws are being violated in the process of sharing their product on Udesigntees.
Please read these Terms and Conditions carefully as they constitute a binding legal agreement between you and Udesigntees. By using our Site, you accept these terms. If the terms are not suitable for you, please do not use our Site.
Udesigntees offers some services (the “Services”) that enable you to publish, sell, discuss and purchase your work, interact with other members from all over the world, and benefit from U Design Tees’ facilitation of product fulfillment, including payment processing, customer services, and delivery of products to the customer.
We are the Marketplace that facilitates the sale of your products to the customers and you are an independent artist sharing your creations with the world on U Design Tees.
Your design or work includes, but is not limited to, any media, materials, designs, text, data, photos, graphics, images, stitch files, or any of these elements in combination (the “Content”).
The Services allow you to upload your Content on the Site and apply them to a variety of blank items to create physical products bearing your Content (the “Product”).
Your Content which you upload on the Site may be viewed by all users once you decide to publish it. You may order a physical product bearing one of your Contents or you may put your Content for sale in order to sell it to customers as a physical product. When a customer orders a product from the Site, Udesigntees will ship the physical product to them in the form specified by the customer.
Udesigntees facilitates the sale of your product that includes payment, processing, and arranging for manufacturing your Product in respect of the orders placed by the customers via the Site.
You need to set up a password-secured account (the “Account”) in order to become a registered member and you need to create a username and a password. In order to upload any content, sell a product, or make any comments on Udesigntees, Users must become a member. Udesigntees has the right to decline any username that is determined to be improper and/or decline any individual from becoming a member. Also, you are responsible for all activities which occur under your Account. You agree to notify us immediately of any breach of security or unauthorized use of your Account.
You are held responsible for the actions made on the Site using your password. This includes but is not limited to purchased or sold any products and content or messages posted/sent even if these activities were not authorized and intended by you. You are completely liable for any damage caused by any use of your password by you, or any other person.
You acknowledge that you will not reveal your password to anyone else and prevent it from being copied or used by anyone other than you. In the circumstance where someone else knows your password, you must change it immediately.
All Users are required to provide a complete and accurate email address along with their legal information. Lack of these details and legal information will prevent their contents from being viewed publicly and sold on our Site. False and deceitful information in required “legal information” will result in instant termination of the shop and restraining of possible existing commission.
Udesigntees does not claim ownership of any Content submitted by a User. Udesigntees is not entitled to distribute owners’ designs either in its own shops, in shops of third parties, or via other channels of distribution if the shop owner has not expressly agreed to this.
If the User uploads, downloads, posts, emails, or otherwise transmits any content to Udesigntees as a design for products available on this site or otherwise, the sufficient rights are granted to Udesigntees to use any such Content so that U Design Tees is not violating any rights the User may have in such Content.
You own and retain all rights in your Content and you keep the copyright in the contents which you upload to our Site. By uploading or submitting your Content to our Site, you hereby grant Udesigntees a worldwide, non-exclusive, royalty-free license to use, reproduce, publicly display, publicly perform, and archive your Content in accordance with these Terms and Conditions.
Once you upload your Content on our Site, you represent and warrant that:
You are the seller of your Contents and we are not your employer. Also, we do not pay your income. You sell your Content on our Site as an independent artist. You will charge customers for each Content you sell.
Product price includes the Udesigntees base price, design fees, and the fee you will charge customers for each Content (the “Commission”). Also, a shipping fee will be added to the product price. Udesigntees withholds the right to alter and change the base price of their products at any time. Your payment will be made quarterly within 45 days of the end of a calendar quarter. The minimum amount of commission is $50.00. It is your responsibility to provide Udesigntees with current, accurate, valid payment details. You will be held accountable for providing incorrect payment details.
It is your responsibility to deal with all applicable taxes regarding each transaction and you will account for any taxes imposed by government or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under these Terms and Conditions. All tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility.
The designers using the same payment account can't have it under different designer's accounts, we will proceed to delete all the duplicate accounts and keep it organized as it needs to be.
Will Udesigntees Be Issuing Me a 1099?
Udesigntees does not collect taxes on your behalf and issue 1099s to you. We are not your employer and we do not pay your income. We are the Marketplace that facilitates the sale of your products to the customers and you are an independent artist sharing your creations with the world on Udesigntees.
Tax is a really important matter. We kindly suggest you ask your questions to a tax professional who knows your local laws or the IRS.
The proposals offered on Udesigntees and in partner shops on the website serve as a non-binding request for the customer to purchase an order with Udesigntees.
By completing an order application and sending the request to purchase a Product on the Site, the buyer makes a binding offer for a contract of sale of the content product offered on the Site. The buyer then will receive an e-mail with the order confirmation. This e-mail validates and shall only inform the buyer that their order was received by Udesigntees and does not suggest an approval of the offer. The contract is only accepted and becomes active when Udesigntees ships the ordered product to the buyer and confirms the shipment of the product to the buyer in a second e-mail.
The contract becomes terminated with full delivery to the address provided by the buyer to Udesigntees. Udesigntees will attempt to replace the product with an identical substitute transaction if any disruption of shipment of the product occurs. If Udesigntees fails to comprise the unavailable product in a business timeframe, the buyer shall be informed immediately about the non-availability of the product and the service. If the buyer has already made a payment, the payment shall be refunded.
Udesigntees maintains the right to deny any given orders for any reason with notice to the customer. Udesigntees also may cancel an order if it is believed to violate these Terms and Conditions or infringe on the rights of any person or any law. A purchased product order may be canceled even if it has been confirmed and the customer has made payment. We retain this right until the time the customer receives the product ordered. If such a cancellation occurs after the customer has made a payment for the product, the charged amount will be refunded back to the customer’s account.
Buyers can purchase products on the Site using a valid credit card. The price of the purchased product is fixed at the time of ordering. The cost of the product will be charged at the time your order is placed.
Udesigntees has the right to rely on trustworthy third-party services for handling payments. In the event of delinquency of payment from the customer, Udesigntees has the right to transfer the claims to a debt collection agency along with personal information needed for the handling of payments to third parties.
It is the buyers/users/customers obligation to provide the correct delivery shipment address. Udesigntees takes no accountability for any product the customer does not obtain due to an incorrect address provided for shipment to Udesigntees.
You may not cancel an order once it has been submitted unless informed otherwise. Once a printing of a product begins, cancellation cannot be performed. Orders enter the printing process as early as the same day or the next business day after the order has been placed on the Site.
Cancellation on orders before printing begun can be done with a fifteen percent (15%) cancellation fee of the order total. The fifteen percent cancellation fee includes costs associated with preparing for an order, including artwork processing, prepress processing, and material preparation costs. Orders are processed as early as minutes after they are placed on Udesigntees.
Customers have 30 days guaranteed after the order has been shipped in order to get a refund or exchange. Once the customer receives the purchased product from our Site and the product received is not the right ordered merchandise or physically damaged due to an error on our part or the seller’s, Udesigntees will contact the seller to address the issue for the replacement of the product after receiving reasonable proof of the issue from the buyer. If you receive a damaged product, then you must contact Udesigntees customer service within 14 days of receipt with the nature of the damage and to arrange for a new product to be sent to you at no cost to you.
Buyers/Customers must be aware that published products by the sellers are regulated and controlled by the seller and Udesigntees does not screen all the content on the Site. Therefore, it is the customer’s duty to validate the quality of the content including but not limited to grammar errors, misspelled words or overall presence of the product before making the purchase. The exchange policy does not apply to content but only to the physical product.
You understand that even though we have legitimate cautions with the products on our Site, the content might be posted at an incorrect price or information or may be nonexistent. You understand and acknowledge that we cannot process an order where such an error exists and hereby inform us to cancel such an order where we can take other actions as required.
Ordered product will be delivered to the address instructed by the buyer by the postal/shipment service provider chosen by Udesigntees and will be paid by the buyer during the time of purchase. The shipping charges will fluctuate according to the size, weight, price, and the delivery location of the ordered product. The ordered product will be shipped between a few days to three weeks at the latest. Depending on the location of the delivery, the arrival time of the ordered product may vary. Delivery is available in the United States and other countries of the world.
Also, you authorize Udesigntees to discard and dispose of any product that becomes excess due to refunds, reprints, fraud, product sampling, or promotional activities, in any way.
The Content published on the Site does not get examined and scanned before it gets displayed on the Site. Therefore, there might be some content that is inappropriate and neglects the agreement for our Site.
Even though Udesigntees does not regularly review and analyze the posted content on the Site, Udesigntees has the right, but not obligated, to remove or edit such content.
Customers can inform Udesigntees immediately regarding any inappropriate, or potentially inappropriate content posted on the Site. If you are convinced that copyright or other intellectual property rights are being infringed, you can make a formal complaint to us.
All Users must confirm and assure that using the Site and our Services are not illegal or prohibited by laws that apply to all Users.
All Users of Udesigntees must be at least 18 years of age or older or have permission and consent from their parent or guardian to have access to our Site. With reference to Federal Children's Online Privacy Protection Act of 1998 (COPPA), Udesigntees will never intentionally solicit, nor will accept, personally identifiable information from members known to be under thirteen (13) years of age.
It is the Users’ responsibility to protect themselves during the process of accessing Udesigntees’s website.
To avoid any type of risk from our Site and the Services provided, including viruses, malicious computer code, or other forms of interference that might damage their computer system, Users must take their own precautions. It is not our responsibility for any obstruction or harm to any computer system that occurs in connection with your use of this Site or any linked website.
We are not accountable for any losses caused directly or indirectly from a failure to supply the Udesigntees Service, errors or loss of data, corruptions or interruptions, any suspension or termination of the Udesigntees Service, or any transmissions by others in infringement of the registered members’ obligations as set out in these Terms and Conditions.
All users must understand that Udesigntees may not be able to validate the identity of other registered members or prevent them from demonstrating deceitful deceptions or any behavior that infringes the rights of any individual and people.
All intellectual property rights in the Site and the Udesigntees Services including the designs, texts, graphics, logos, icons, artworks, contents, software, user interfaces, and photographs are owned by us and/or are licensed to Udesigntees. Udesigntees reserves all of its rights.
Except for the intention of and matter to the conditions defined under appropriate Trademark and Copyright legislation worldwide, and except as expressly provided in these Terms and Conditions or otherwise permitted by law, you cannot in any form/format use any Udesigntees Content.
You cannot copy, adapt, reproduce, modify, store, republish, upload, distribute, perform, post, print, display, create derivative works from any part of this Site, publicly display including of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without our written permission and prior written consent from us.
We respect the intellectual property rights of others and are against the wrong use as well as unauthorized use of copyrighted or trademarked material in our online store. We only welcome true original artists and fight against infringing materials on a daily basis by removing such content when we receive a proper notice of infringement.
We reserve the right to remove the content which infringes the copyrights, trademark rights, other intellectual property rights, or publicity rights of others from our Site and, in appropriate circumstances, to terminate the accounts of users who are repeat infringers. To be able to get detailed information regarding intellectual property rights, you should check Our Intellectual Property Rights Policy.
You solely understand and agree that using any service on Udesigntees is at your sole risk. We do not guarantee and promise that any services on Udesigntees’s website or any of its contents are error-free and virus-free. You must take your own precautions against these viruses as we accept no responsibility for any infection by virus or error or by anything which has destructive properties.
To the maximum extent permitted by applicable law, Udesigntees Service is provided on an “as is” and “as available” basis, without warranties, conditions, representations, or guarantees of any kind, either expressed, implied, statutory, or otherwise, including but not limited to, any implied warranties or conditions of merchantability, satisfactory quality, title, non-infringement or fitness for a particular purpose. Udesigntees does not warrant the operations of its offerings will be uninterrupted or error-free.
No oral or written information or advice given by Udesigntees or our authorized representatives shall create a warranty. This disclaimer of warranty constitutes an essential part of the terms and conditions.
We do not accept any responsibility for any defective services including loss or damage, either directly or indirectly experienced in connection with the use of this Site or any linked website, any loss due to your use of or reliance on information enclosed on or accessed by using this Site.
Udesigntees shall not be responsible for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data, or other intangible losses, whether based on contract, tort, negligence, strict liability, or otherwise, resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any merchandise, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; or (iv) any other matter relating to the Service.
You agree to indemnify, defend and hold harmless Udesigntees and/or Udesigntees’ Affiliates, including, officers, directors, employees, agents, and representatives, third-party advertisers, and all other products sold through the website from and against any and all claims, demands, damages, losses, liabilities, and costs including legal expenses incurred by Udesigntees and/or U Design Tees Affiliates regarding any claim arising out of 1. the breach of these Terms and Conditions; 2. your use of our Site; 3. any accusation that any information that you present to us or submit to U Design Tees that infringe or another way breaches the copyright, trademark, or intellectual property or other rights of any third party; or 4. the infringement or misappropriation by you, or a third party using your computer, of any account or password to access and/or use the Site.
Udesigntees reserves the right, but has no obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.
These Terms and Conditions will be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. With respect to any dispute arising from or in connection with these Terms and Conditions and the use of the Site, you and Udesigntees agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Burlington,New Jersey.
Udesigntees accepts no liability for any failure to abide by these Terms and Conditions where such failure is due to conditions beyond our reasonable control. Any rights waived by us that are accessible to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any of the terms of this agreement are held to be ineffective, illegitimate, or illegal for any reason, the remaining terms and conditions will still continue in full force.
Delivery and Services of Udesigntees are entirely subject to the general terms and conditions of Udesigntees. The Shop Owners may not enforce additional terms and conditions with their contents.