Terms of Service

Effective Date: January 1, 2025v20250106

INTRODUCTION

WHO WE ARE

Printzones hosts a global online marketplace platform (located at ...) (“Printzones”). We are formed with the goal of giving independent artists or/and designers all over the world (“Sellers”) a way to introduce and sell their creative works to consumers around the world. Using the Printzones platform, third-party Sellers can elect to have their works imprinted and sold on daily used products including, but not limited to: apparel, stationery, housewares, bags, wall art and much more. The Sellers shall list and sell such products bearing their creative works through the Printzones. In addition, the Printzones software automatically performs various online services to facilitate the transactions that occur through the Printzones. The Printzones software connects Sellers automatically to third-party manufacturers who print and pack the products before third-party shippers pick up the products and deliver them to customers. The Printzones also provides Sellers access to third-party payment processors who collect and process customer payments. This transaction process is entirely Seller-directed and automated by the Printzones software. We do not design or upload the designs for the Products to the Printzones; it did not review such designs prior to upload, or at any other time until it learned of them under any notice from the third parties; it did not manufacture or deliver any products; and it did not offer or sell those products via the Printzones.

WE ARE NOT A SELLER OF GOODS

Before a Seller can upload creative works and/or sell products bearing those works on the Printzones, the Seller must become a registered user. All registered users are required to comply with our User Agreement (set forth below) and various published policies. These policies specify that Sellers using the Printzones must possess the applicable rights to upload and sell their works; that the Sellers, not us, are responsible for such content; and that the Sellers, not us, are the sellers of the products.

SELLERS CONTROL THEIR WORKS

A Seller on the Printzones has control over the works they upload and must select the physical product type to which the work may be applied. They set the product prices, input a title for their listing, and may also input the text for one or more keyword “tags” so that other users of the Printzones may search for their product offerings. The search results are based on the keyword tags and title, which are created solely by the Seller. When a consumer places an order, software automatically routes the order to a third-party fulfillment services provider (“Manufacturer”), which manufactures the product. A third-party delivery services provider (“Courier”) then delivers the product directly to the consumer. We keep no inventory of products for sale on the Printzones as the products are not ours, and no such product ever passes through any facilities owned or operated by Printzones. Each time a consumer purchases a product from a Seller through the Printzones, Printzones collects the total purchase price on behalf of the Seller and the platform automatically remits the sale proceeds to the Seller, after deducting the services fees payable to third-party Manufacturer and Courier, and our service fee, which is fixed regardless of the overall sale price set by the third-party Sellers.

USER AGREEMENT

ACCEPTING THE TERMS

This is an agreement between you and Printzones (with its affiliates, “Printzones” or “we” or “our”). Please read these Terms of Services, Privacy Policy, Intellectual Property Policy, and the other applicable rules, policies, and terms available at our website, or on or through the Printzones (collectively, this “Agreement”) before using our services. By using our services, you agree to be bound by the terms of this Agreement on behalf of yourself and all members of your household and others who use our services under your account. If you do not accept the terms of this Agreement, then you may not use our services and you may return your Product in accordance with any applicable return policy. Your use of any of our services is subject to any additional rules, policies, and terms that apply to our services.

PRICE AND PAYMENT

Users set merchandise prices; we process customer payments and deduct the base price (including fees). Our service fee is fixed regardless of the overall sale price set by the third-party Sellers. Any remaining profit is remitted to the user.

BY USING ANY SERVICES, UPLOADING ANY CONTENTS TO AND VIA OUR WEBSITE AND Printzones, YOU AGREE THAT:

  • You shall comply fully with our Terms of Service as outlined in this document.
  • All Licensed Rights, including trademarks, service marks, and copyrights, must be used in accordance with any stipulated restrictions or conditions set by the original rights holder.
  • You shall own or possess proper licensing for all artwork or text uploaded, including associated copyrights and trademarks. If you are not the rights holder, you must provide proof of permission from the owner.
  • It is prohibited to upload or use content in merchandise that infringes upon the intellectual property rights of others, including but not limited to copyrights, trademarks, trade dress, or publicity rights.
  • We retain the authority to remove any materials deemed to promote hate speech, violence, racial intolerance, criminal exploitation, or violate the intellectual property rights of third parties.
  • Your contact details may be shared with a third party who, in accordance with our Intellectual Property Complaint Policy, provides sufficient evidence of unauthorized use of their intellectual property.
  • Allegations of infringement received in compliance with our Intellectual Property Complaint Policy may result in immediate campaign termination, profit forfeiture, and account suspension or deactivation at our sole discretion.
  • You are strictly prohibited from providing false or misleading details regarding product availability, origin, or intended beneficiaries of profits.
  • Soliciting buyers through content for purposes beyond the primary item’s sale, such as raffles or prize offerings, is not allowed.
  • You agree to indemnify and hold harmless our company and affiliates against all claims, losses, or expenses, including legal fees, resulting from service misuse, Agreement violations, or infringement of others’ rights.
  • We disclaim liability for indirect, incidental, or special damages, including loss of profits, arising from actions taken under this Agreement or your use of our services.
  • If any disputes may arise from you and any third parties, you understand and allow us to suspend any pending financial amount with our sole decision until the disputes are no longer available, and you also authorize us to spend such pending financial amount to cover any expenses or/and any damages which may arise from the disputes.
  • Frequently check any amendments of the Terms and agree that by your use of our services and websites, you totally agree with the prevailing Terms and the amendments.

LICENSING YOUR INTELLECTUAL PROPERTY RIGHTS

By using our website or/and our services, you grant us a non-exclusive, worldwide, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of and display the content of such listings in connection with our (and our successors' and affiliates') services and business in facilitating the sale of your works and products, including without limitation for promoting and redistributing part or all of our website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of our website a non-exclusive license to access your content through the site, and to use, reproduce, distribute, and display such content as permitted through the functionality of the site and under this Agreement. The above licenses terminate within a commercially reasonable time after you remove or delete your listings from our website. The above licenses granted by you in user comments you submit, are perpetual and irrevocable.

All intellectual property rights in this website and our service (including the software and systems underlying our service, and text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under relevant intellectual property regulations throughout the world, and except as expressly authorized by this agreement, you may not in any form or by any means:

  • use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
  • commercialize any information, products or services obtained from any part of this website, without our written permission.

If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks in or as the whole or part of your own trade marks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including this website).

INTELLECTUAL PROPERTY COMPLAINT POLICY

We provide you with a platform to sell your own works and merchandise. By using our website and services in any way, you agree to all terms of this Intellectual Property Complaint Policy and attest that you shall not sell merchandise that infringes upon third party intellectual property rights (such as copyright, trademark, trade dress, patents, right of publicity and all other intellectual property objects).

We may block and remove any content that we believe to infringe the intellectual property rights of third parties following receipt of a compliant notice; and to terminate service for repeated infringement.

    Here's how to submit a formal notification of intellectual property infringement:

  • Identify the Infringing Material:

    • Clearly specify the copyrighted work or intellectual property that you believe has been infringed.
    • Provide details about the infringing content, such as its location on our platform (e.g., specific URLs, product pages, etc.).
    • If applicable, include registration numbers for your copyrighted work, trademarks, patents, etc..
  • Explain the Infringement:

    • Describe how the content on our platform uses your copyrighted work or/and registered patents or/and trademarks, etc. in a way that constitutes infringement.
    • Be specific about the nature of the infringement (e.g., counterfeit, unauthorized use, reproduction, distribution).

Provide Your Contact Information: Include your full name, mailing address, phone number, and email address for us to contact you regarding your report.

Declare Good Faith Belief: State that you have a genuine belief that the use of the copyrighted material is not authorized by the copyright owner, their agents, or the law.

Accuracy Statement: Declare, under penalty of perjury, that the information provided in your notice is accurate and that you are the rights holder or are authorized to act on behalf of the rights holder.

Provide Authorized Signature: Include an electronic or physical signature from the rights holder or their authorized representative.

Consequences of Infringement: We take intellectual property rights seriously. Upon receiving a valid infringement notice, we may take the following actions:

  • Remove or Block Access: We may remove or block access to the infringing content on our platform.
  • Terminate Service: In cases of infringement, we may terminate the accounts of the offending users.
  • Suspend any pending financial amount: In case of disputes, we shall suspend any pending financial amounts in connection with your accounts until the disputes are no longer available.

Please note: Falsely claiming that material is infringing may have legal consequences.

SUBMITTING A COUNTER-NOTICE

    If you believe that content was removed or blocked in error, you may submit a counter-notice to the original complainant. To submit a counter-notice, you must include:

  • Identification of the Removed Content: Clearly specify the removed content and its original location on our website.
  • Good Faith Belief: Declare under penalty of perjury that you believe the removal was a mistake.
  • Your Contact Information: Provide your full name, address, phone number, and email address.
  • Jurisdictional Consent: Agree to the jurisdiction of the Federal Court in the district where our business is located.
  • Your Signature: Include your electronic or physical signature.
  • After submitting a counter-notice:

    • We may send a copy of the counter-notice to the original complainant.
    • The removed content may be restored within 10-14 business days, unless the copyright owner files a court order to prevent its restoration.
    • Strictly follow the DMCA process under the prevailing laws.

PREVENTING REPEAT INTELLECTUAL PROPERTY INFRINGEMENT

If we receive repeated notices that a Seller has infringed others’ intellectual property without permission, we may terminate the Seller’s account at our own decision, regardless of how many complaints/reports are involved. Our software contains a mechanical process for keeping track of repeat violators of intellectual property rights of others, and determining when to suspend or terminate a Seller’s account.

TAX AND FINANCIAL RESPONSIBILITIES

Users are responsible for understanding and fulfilling their tax obligations. We may withhold taxes if required by law.

INDEMNIFICATION

Seller shall indemnify, defend and hold harmless to us and our 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, our 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 us, including with respect to any indemnification arising out of the Agreement or the Terms of Service, Seller hereby grants us a security interest in all proceeds of the merchandise (including Seller Profits and insurance proceeds). We shall be entitled to all applicable rights and remedies of a secured party under applicable law.

IN NO EVENT SHALL OUR 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.

Disclaimer of Warranties: YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK. OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING A BUYER’S RIGHT TO RETURN MERCHANDISE AND OBTAIN A REFUND TO THE EXTENT DESCRIBED IN OUR RETURN POLICY, WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY CAMPAIGN, MERCHANDISE OR SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability: WE SHALL NOT BE LIABLE 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 (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), 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. IN NO EVENT WILL WE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US OR WE HAS PAID YOU IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Exploiting system vulnerabilities: We preserve the right to deal with individuals and organizations that intentionally exploit system vulnerabilities in order to usurp benefits. Individuals and organizations who have intentionally exploited the system vulnerabilities of we are obligated to recover the damage caused. Damage includes, but is not limited to, the categories listed below

  • Loss of money and other benefits
  • System interruption
  • The damage caused by ddos and other forms of attack

MISCELLANEOUS

RELATIONSHIP OF PARTIES: This Agreement does not create any joint ventures, partnerships, or similar relationships.

ENTIRE AGREEMENT: This document constitutes the full agreement between users and us and overrides all prior communications or understandings.

SEVERABILITY: If any part of this Agreement is found invalid, the remaining provisions remain effective.

GOVERNING LAW: This Agreement is governed by the laws of the State of Florida. Disputes will be resolved in courts located in Hillsborough County, Florida.

WAIVER OF JURY TRIAL: Both parties waive their right to a jury trial in any legal dispute related to this Agreement.

API POLICIES: Users integrating with Printzones APIs (e.g., Shopify, WooCommerce) agree to comply with all platform-specific rules and avoid misuse or violations. Printzones reserves the right to modify API access and features without prior notice.

PRINTING & PRODUCTION: Users are responsible for ensuring the accuracy of submitted artwork and order details. Variations in print quality, color, and size are possible and shall not be guaranteed by us.

DELIVERY & RETURN: All quoted delivery times are estimates and not guarantees. Delays in shipment or delivery do not absolve users from their obligations under this Agreement. For more detail, please see our Delivery Policy, Return Policy here.

LOST & STOLEN SHIPMENTS: We do not guarantee domestic and/or international shipments nor handle returns or exchanges. Certain countries are considered "high risk" for issues such as lost or stolen and/or lost-in-transit shipments. Shipping Products domestically & internationally are at the sole risk of the Seller. We are not liable for shipments that do not deliver successfully.

CANCELLATION, REFUNDS & EXCHANGES: If upon delivery of the Product you feel that your order was incorrect, such as the wrong color, item size, or design, please email us within 30 (thirty) days of your delivery. Claims will be handled on a case basis. Other than where goods are faulty, you have no right to cancel any order or return any goods and all orders are final. Please kindly note, for all orders shipped outside the US, as the middleman, we can support all defective or unwanted orders within 60 (sixty) days from the date of delivery by contacting the related third parties for the solutions.

ORDER RECORDS: We only keep the information records of each order, including tracking number, manufacturing and delivery status, etc., for 90 (ninety) days from the delivery date. After this 90-day-period passed, we shall not be able to provide you with further information of the order records and you shall bear full responsibilities regarding such orders and waive all the obligations of us regarding the same orders.

AMENDMENTS OF THE TERMS:. We may change, suspend, or discontinue our services, or any part of them, at any time without notice. We may amend any of this Agreement's terms at our sole discretion and may, at our best efforts, post the amendments on our website. It is your obligation to regularly check and understand any updates/amendments of the terms. Your continued use of our services after the effective date of the amendments constitutes your acceptance of the terms without any questions.

TERMINATION: Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms. In case of such termination, we may immediately revoke your access to our services. our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.

CONTACT US

If you have any questions about the Terms, please email us at [email protected]