Please read carefully before using the services offered by Alltopicsoflife.com
Alltopicsoflife.com provides users with an automated Internet-based service to design and sell t-shirts and other products. By using Alltopicsoflife.com and its services in any capacity, you have agreed to the terms and conditions of the Terms of Service (“Agreement”) and agree to use the site and service solely as provided in this Agreement. For additional clarification on these Terms of Service.
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.
Any time quoted for delivery is an estimate only. No delay in shipment or delivery of any merchandise relieves Seller of their obligations under this Agreement.
Product production is generated from the artwork uploaded by the Seller. The estimated positioning of the art work is provided by the Seller. Print size and exact location may vary based on the product size. Colors are best matched to the artwork provided. Exact print size, location, and colors are not guaranteed; and are completely dependent on the artwork uploaded by the Seller.
Price and Payment
Seller determines the price of the merchandise for each campaign; Alltopicsoflife.com processes customer payments; the base price is the cost of goods sold (including any additional expenses and fees necessary to comply with the terms of this Agreement); and Alltopicsoflife remit to Seller any amount in excess of such base price (“Seller Profits”).
BY CREATING A CAMPAIGN ON THE Alltopicsoflife SITE:
You agree to accept and abide by Alltopicsoflife.com’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 Alltopicsoflife.com 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 Alltopicsoflife.com reserves the right to remove any content that may be considered to promote hate, violence, racial intolerance, or the financial exploitation of a crime.
You understand and agree that Alltopicsoflife.com may, in its sole discretion, release your contact information to a third party that satisfactorily alleges, pursuant to Alltopicsoflife.com’s Intellectual Property Complaint Policy below, unauthorized use of its intellectual property.
Upon receipt by Alltopicsoflife.com of an allegation of infringement that comports with Alltopicsoflife.com’s Intellectual Property Complaint Policy, in Alltopicsoflife.com’s sole discretion, your campaign may be subject to immediate cancellation, possible forfeiture of any profits, and suspension or termination of your account with Alltopicsoflife.com.
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 Alltopicsoflife.com 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 Alltopicsoflife.com’s site and services, your violation of this Agreement, or your violation of any rights of another.
You agree that Alltopicsoflife.com is not responsible for any consequential, indirect, or any special damages, including, but not limited to, lost profits, associated with any action taken by Alltopicsoflife.com pursuant to this Agreement or your use of the Alltopicsoflife.com service.
Intellectual Property Rights and license
By submitting listings to Alltopicsoflife, you grant Alltopicsoflifea 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 Alltopicsoflife(and its successors’ and affiliates’) services and business in facilitating the sale of your product, including without limitation for promoting and redistributing part or all of the Alltopicsoflife site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Alltopicsoflife site 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 the Alltopicsoflife site. The above licenses granted by you in user comments you submit, are perpetual and irrevocable.
All intellectual property rights in this website and the Alltopicsoflifeservice (including the software and systems underlying the Alltopicsoflifeservice, and text, graphics, logos, icons, sound recordings and software) are owned by or licensed to Alltopicsoflife. Other than for the purposes of, and subject to the conditions prescribed under relevant Copyright and Trade Mark legislation 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 Alltopicsoflife written permission.
If you use any of Alltopicsoflife trade marks in reference to Alltopicsoflife activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks 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
Alltopicsoflife.com provides users (“You” or “Seller”) with a platform to sell their own merchandise. By using Alltopicsoflife.com in any way, Seller agrees to all terms of this Intellectual Property Complaint Policy. Seller agrees to not sell merchandise that infringes upon third party intellectual property rights (such as copyright, trademark, trade dress, and right of publicity).
Alltopicsoflife may block and remove any content that it believes to infringe the intellectual property rights of third parties following receipt of a compliant notice; and to terminate service for repeated infringement.
If you believe that your intellectual property rights have been infringed upon by a Alltopicsoflife.com Seller, please notify Alltopicsoflife.com to email us. 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 Alltopicsoflife.com campaign(s) used in connection with 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.
If you believe that a claim of intellectual property infringement was filed by mistake or misidentification you may file a counter-notice. If you materially misrepresent in your counter-notice that your design is not infringing upon the intellectual property, you may be liable for damages to the intellectual property owner (including costs and attorney’s fees). Therefore, if you are unsure whether or not the material infringes on the intellectual property, please contact an attorney before filing the counter-notice. The counter-notice should be submitted to email us and must include the following information:
- Your physical or electronic signature;
- Your full name, address, telephone number(s), and email address(es);
- Identification of the material and its location before it was removed, either by URL to the Alltopicsoflife.com campaign(s) used in connection with the allegedly infringing merchandise or Alltopicsoflife.com campaign number;
- A statement under penalty of perjury that the claim of intellectual property infringement that led to the removal or blockage of access to material was filed by mistake or misidentification;
- 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.);
- Your consent to accept service of process from the party who submitted the takedown notice or an agent of that party.
If you submit a counter-notice, Alltopicsoflife will send a copy of the counter-notice to the complaining party informing the complaining party that Alltopicsoflife.com may replace the removed material or cease disabling it in 10 business days. Unless the intellectual property owner files an action seeking a court order against you, Alltopicsoflife may replace or restore access to the removed material in 10 to 14 business days after receipt of the counter-notice.
REPEAT INTELLECTUAL PROPERTY COMPLAINT POLICY
If Alltopicsoflife.com receives repeated notices that a Seller has posted others’ intellectual property without permission, Alltopicsoflife.com may terminate the Seller’s account. Alltopicsoflife.com has a system for keeping track of repeat violators of intellectual property rights of others, and determining when to suspend or terminate a Seller’s account.
Alltopicsoflife.com reserves the right to terminate accounts that act against the spirit of the Terms of Service, regardless of how many strikes are involved.
WITHHOLDING AND TAX MATTERS
It is contemplated that the services and transactions described in this Agreement will not impose a withholding obligation upon Alltopicsoflife.com under Section 1442 of the Internal Revenue Code, as amended (the “Code”). Notwithstanding the foregoing, in the event Alltopicsoflife.com concludes that it has an obligation to withhold under Section 1442 of the Code (or other applicable law) with respect to Seller Profits, Alltopicsoflife.com will withhold all applicable income tax from any payments or Seller Profits otherwise due to Seller.
Seller shall be solely responsible for payment of its own tax liabilities which may arise under the Agreement, and shall indemnify Alltopicsoflife.com 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 Alltopicsoflife.com and Alltopicsoflife.com’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, Alltopicsoflife.com’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 Alltopicsoflife.com including with respect to any indemnification arising out of the Agreement or the Terms of Service, Seller hereby grants Alltopicsoflife.com a security interest in all proceeds of the merchandise (including Seller Profits and insurance proceeds). Alltopicsoflife.com shall be entitled to all applicable rights and remedies of a secured party under applicable law.
IN NO EVENT SHALL Alltopicsoflife’S 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 THE Alltopicsoflife SERVICE IS AT YOUR SOLE RISK. THE Alltopicsoflife 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, Alltopicsoflife 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
Alltopicsoflife WILL 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 Alltopicsoflife HAS 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 Alltopicsoflife TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Alltopicsoflife OR Alltopicsoflife 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
Alltopicsoflife.com preserves 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 Alltopicsoflife.com 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
Terms of Service 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 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.
This Agreement constitutes 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.
Seller may not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Alltopicsoflife.com. Alltopicsoflife.com may assign any of its rights or delegate any of its obligations hereunder in Alltopicsoflife.com’s sole discretion.
If any term or provision of this Agreement 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 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 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 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 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.