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Mojo.com > Terms of Service
USER AGREEMENT
("Agreement")ACCEPTANCE OF TERMS THROUGH USE
By using this site or by clicking "I agree" to this Agreement, you ("User")
signify your agreement to these terms and conditions. If you do not agree to
this Agreement please do not use this site and do not click "I agree". Please
check this Agreement periodically for changes as the owner of this site PrintMojo.com ("Company") reserves the right to revise this Agreement and your continued
use of this site following the posting of any changes to the Agreement constitutes
acceptance of such changes. The Company reserves the right to terminate a User's
use of this site at any time without notice and may do so for any breach of
this Agreement or the instructions on this site by User. This Agreement applies
to licensors and advertisers as well.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood and agreed to by a person
over 18. If a parent or guardian wishes to permit a person under 18, and under
his or her supervision, to use this site, he or she should email the Company
with his or her explicit permission and acceptance of full legal responsibility
for the minor to do so.
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, the Company hereby grants you a non-exclusive,
non-transferable limited license to use this site in strict accordance
with the terms and conditions in this Agreement and as permitted via instructions
on this site. You agree not to make any false or fraudulent statements
in
your use of or to gain access to this site. You acknowledge and agree
that all content
and services available on this site are property of the Company and its
advertisers and licensors and are protected by copyrights, moral rights,
trademarks,
service marks, patents, trade secrets, and other proprietary rights and
laws, in the
U.S. and internationally. This does not include content submitted by Users.
All user submitted content or artwork remains the intellectual property of
the user. All rights not expressly granted herein are fully reserved by the
Company.
PRINTING MINIMUMS AND FEES
PrintMojo.com printing services include professional quality screen printing
and embroidery.
SCREEN PRINTING
Users will be able to purchase their designs
on screen printed merchandise at wholesale prices with a 24 piece minimum.
This minimum is 24 of the same design on the same shade of garment (ie. 24
white/light colored garments or 24 dark colored garments).
PrintMojo.com will
not charge any setup fees, film fees on any screen printing order for PrintMojo
merchants that use our fulfillment services. For merchants that do not use
our fulfillment services, and request that ALL or more than half of their current inventory (per product) be shipped
to them, a screen fee of $15 per color, a film fee of $12 per color, UPS Shipping
costs, and any applicable art fees. For those merchants that use our fulfillment
service, screen and film fees will not apply except under the following circumstances:
Orders at 24 pieces can have a maximum of 2 colors printed on the front AND 2 colors printed on the back (or 4 total colors on a one-sided print) before
there will be a screen/film fee of $27 per color above that amount. Orders at 50
pieces can have a maximum of 4 colors printed on the front AND 4 colors printed on the back (or 6 total colors on a one-sided print) before there are
screen/film charges of $27 per per color. Any order with 7 colors or more on either side will require a minimum order of 100 pieces.
On jobs above 8
total colors PrintMojo.com will have the final decision on whether screen charges
will apply. You will be notified of any necessary screen charges before we
print your order.
ARTWORK
All artwork and designs to be printed (words, logos, phrases, designs) must be supplied to PrintMojo by the merchant. PrintMojo provides a file upload function within the user's account during the ordering process.
When artwork is uploaded in one of our preferred formats (vector files or high resolution raster files), PrintMojo.com will not charge any artwork fees to prepare your design
for printing.
If PrintMojo.com is working from non preferred artwork formats (Microsoft Word, hand drawn artwork, low resolution graphics pulled from the web, verbal or written descriptions of a design or phrase), we will provide up to 30 minutes of free artwork time with our in house art department. We will make every reasonable effort to get your artwork request completed to your satisfaction within the 30 minutes, however, if there are several revision requests or other changes that cause time delays, an artwork fee of $35 per hour may be charged.
EMBROIDERY
Users will be able to purchase their designs on embroidered merchandise
at wholesale prices with 12 piece minimum. This minimum is 12 of the
same design regardless of garment color. The setup location must be the same for all 12 items (12 hats or 12 shirts or
6 t-shirts and 6 polos). Headwear locations are separate from lower body locations.
PrintMojo.com will offer free digitizing for all jobs under 12,000 stitches.
If the design is very detailed or has a large print area over 12,000
stitches, it may be necessary to charge a one time digitizing fee ranging
from $25-$100.
CUSTOMER SUPPLIED GARMENTS
PrintMojo.com can print on customer supplied garments upon request. Please note that not all garments have a surface texture and size suitable for screen printing or embroidery. PrintMojo.com will not be responsible for misprints on customer supplied garments.
FULFILLMENT FEE
PrintMojo.com charges a fulfillment fee per order that it ships out for the
Merchant. This fee is charged to the Merchant and not to the customer. The
fulfillment fee is currently $3.50 per order, however, PrintMojo.com reserves
the right to adjust this figure at any time with at least 14 days notice
to the Merchant. The fulfillment fee will be taken out of the Merchant's
profits before a check payment is sent to the Merchant. It is the Merchant's responsibility to consider the fulfillment fee that they will be charged when deciding on the pricing for their products they offer for sale.
COMMISSION PAYMENTS
PrintMojo.com will pay you each month, for the prior month's sales totals.
This includes the money owed to you for the inventory sold, plus your markup
amount, minus our fulfillment fee per order. If you earn less than
the minimum payment threshold, currently set at $10, then the amount of such
compensation will not be paid, but will accrue to your account until such time
as it becomes equal to or greater than the Payment Threshold. PrintMojo.com
will send a check for the amount of such compensation no later than 45 days
after the end of the month in which the total amount of accrued compensation
may reach or exceed the Payment Threshold. PrintMojo.com may, at its option,
send you a check before your accrued compensation reaches or exceeds the Payment
Threshold.
In the event that your store does not meet the minimum payment threshold in
its first 365 days of operation, PrintMojo.com will send you all accrued
compensation, minus our fulfillment fee. At this time, any inventory remaining
in your store
will be shipped to you at your expense, and your account will be closed.
If your store has been open at least 365 days and you have gone 180 without
a sale or 180 days without meeting the minimum Threshold amount, PrintMojo.com
will send you all accrued compensation, minus our fulfillment fee. At this
time, any inventory remaining in your store will be shipped to you at your
expense, and your account will be closed.
LICENSE RESTRICTIONS
1.Use
Except as may be explicitly permitted through this site, you agree not to save,
download, cut and paste, sell, license, rent, lease, modify, distribute,
copy, reproduce, transmit, publicly display, publicly perform, publish, adapt,
edit, or create derivative works from materials, code or content on or from
this site. Systematic retrieval of data or other content from this site to
create or compile, directly or indirectly, a collection, compilation, database
or directory without written permission from the Company is prohibited. In
addition, use of the content or materials for any purpose not expressly permitted
in this Agreement is prohibited.
2.Security
You agree that if you are issued a Username and Password by the Company,
you shall use your best efforts to prevent access to this site through your
Username and Password by anyone other than yourself, including but not limited
to, keeping such information strictly confidential, notifying the Company immediately
if you discover loss or access to such information by another party not under
your control and supervision, and by using a Username and Password not easily
guessed by a third party.
You agree that you shall not try to reverse engineer, reverse assemble,
reverse compile, decompile, disassemble, translate or otherwise alter any executable
code, contents or materials on or received via this site. You understand that
such actions are likely to subject you to serious civil and criminal legal
penalties and that the Company shall pursue such penalties to the full extent
of the law to protect its rights and the rights of its other licensors.
INTELLECTUAL PROPERTY RIGHTS
PrintMojo does not own anything you upload to our servers.
You retain all rights
to your artwork, designs and intellecutal property.
To legally operate, we need to have the ability to use the images you upload.
This is called a license. Your PrintMojo account allows you to give us
a free license to use the images for the following purposes:
Printing onto items your buy as inventory to sell in your shop.
Creating product shots and ads to help you promote your store.
We will always
say the images we use of yours are yours.
You are free to use your images
with any other service.
SITE SUBMISSION RULES
By using features of this site that allow you to post or otherwise transmit
information to or through this site, or which may be seen by other users, you
agree that you shall not upload any images that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, invasive of another's privacy, tortious, obscene,
sexually explicit
or graphic, or otherwise in violation of this site's rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group
of individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability;
- infringes any patent, trade mark, service mark, trade secret, copyright,
moral right, right of publicity, privacy or other proprietary right of any
party;
- contains software viruses or any other computer code, files, or programs
that are designed or intended to disrupt, damage, or limit the functioning
of any software, hardware, or telecommunications equipment or to damage or
obtain unauthorized access to any data or other information of any third party
PrintMojo.com will generally pre-screen all artwork before printing. This site
and its agents have the right, at their sole discretion, to remove any content
that, in this site's sole judgment, does not comply with the Site Submission
Rules or is otherwise harmful, objectionable, or inaccurate. This site is
not liable for any failure, delay, damages or results, in removing such content.
You agree that your use of this site may be suspended or terminated immediately
upon receipt of any notice which alleges that you have used this site in violation
of these Rules and/or for any purpose that violates any local, state, federal
or law of other nations, including but not limited to the posting of information
that may violate third party rights, that may defame a third party, that may
be obscene or pornographic, that may harass or assault others, that may violate
hacking or other criminal regulations, etc. of its agents, officers, directors,
contractors or employees. In such event, you agree that the owner of this site
may disclose your identity and contact information, if requested by a government
or law enforcement body or as a result of a subpoena or other legal action,
and the owner of this site shall not be liable for damages or results thereof,
and you agree not to bring any action or claim against the owner of this site
for such disclosure.
This site reserves the right to revise these Site Submission Rules at its discretion,
so check back from time to time to be sure you are complying with the current
version.
THIRD PARTY SITES
You may be transferred to online merchants or other third party sites through
links or frames from this site. You are cautioned to read such sites' Terms
and Conditions and/or Privacy Policies before using such sites in order to
be aware of the terms and conditions of your use of such sites. These sites
may contain information or material that is illegal, unreasonable or that
some people may find inappropriate or offensive. These other sites are not
under the control of the Company, are not monitored or reviewed by the Company,
and the Company is not aware of the contents of such sites. You acknowledge
that the Company is not responsible for the accuracy, copyright compliance,
legality, decency, or any other aspect of the contents or any transmissions
received through such sites. The inclusion of such a link or frame does not
imply endorsement of this site by the Company, its advertisers or licensors,
any association with its operators and is provided solely for
your convenience. You agree that the Company
and its licensors have no liability whatsoever from such third party sites
and your usage of them.
DISCLAIMER OF WARRANTIES
THE COMPANY, ITS ADVERTISERS AND LICENSORS MAKE NO
REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION
CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE. ALL INFORMATION AND
USE OF THIS SITE ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS AND/OR ITS
LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION
CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE AND ANY SERVICES OR PRODUCTS
RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPESS, STATUTORY, AND IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT
THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS SITE ARE ACCURATE,
RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME
OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS
OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER AGREES
THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER
THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION
OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY
TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE,
THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS
SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION
APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR
ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THE COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS’
LIABILITY
IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED
BY LAW OF YOUR JURISDICTION.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its advertisers,
licensors, subsidiaries and other affiliated companies, and their employees,
contractors, officers, agents and directors from all liabilities, claims,
and expenses, including attorney's fees, that arise from your use of
this site,
or any services, information or products from this site, or any violation
of this Agreement. The Company reserves the right, at it own expense,
to assume
the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you shall cooperate with the Company
in asserting
any available defenses.
LEGAL COMPLIANCE
Company may suspend or terminate this Agreement or User's use immediately
upon receipt of any notice which alleges that User has used this site for any
purpose that violates any local, state, federal or law of other nations, including
but not limited to the posting of information that may violate third party
rights, that may defame a third party, that may be obscene or pornographic,
that may harass or assault others, that may violate hacking or other criminal
regulations, etc. of its agents, officers, directors, contractors or employees.
In such event, Company may disclose the User's identity and contact information,
if requested by a government or law enforcement body or as a result of a subpoena
or other legal action, and Company shall not be liable for damages or results
thereof and User agrees not to bring any action or claim against Company for
such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by the Company
from its offices within the State of California
, U.S. of America. It can be access from all 50 states as well as from other
countries around the world to the extent permitted by site. As each of these
places has laws that may differ from the state of California
, by accessing this site, both you and the Company agree that the statues and
laws of the shall apply to any actions or claims arising out of or in relation
to this Agreement or your use of this site, without regard to conflicts of
laws principles thereof. You and the Company also agree and hereby submit to
the filing of any claim only in the exclusive personal jurisdiction and venue
of Chico, California, and any legal proceedings shall be
conducted in English. The Company makes no representation that materials on
this site are appropriate or available for use in other locations, and accessing
them from territories where their contents are illegal is prohibited. This
Agreement shall not be governed by the United Nations Convention on Contracts
for the Sale of Goods.
MISCELLANEOUS
This Agreement incorporates by reference the Site Submission Rules if
this site allows posting and posts such Rules. This Agreement constitutes the
entire agreement between the parties related to the subject matter thereof,
supersedes any prior or contemporaneous (oral, written or electronic) agreement
between the parties and shall not be changed except by written agreement signed
by an officer of the Company. If any provision of this Agreement is prohibited
by law or held to be unenforceable, the remaining provisions hereof shall not
be affected, and this Agreement as much as possible under applicable law shall
continue in full force and effect as if such unenforceable provision had never
constituted a part hereof and the unenforceable provision shall be automatically
amended so as to best accomplish the objectives of such unenforceable provision
within the limits of applicable law. User shall not assign or transfer this
Agreement and any such transfer shall be void.
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