General Terms and Conditions of Sales and Delivery
of sprd.net AG for Customers
§ 1 General Information
Your contractual partner for all orders within the scope of this online offer is sprd.net AG, represented by its Executive Board: Philip Rooke (CEO) and Tobias Schaugg, of Gießerstraße 27, 04229 Leipzig, Germany (listed in the Commercial Register at the Local Court of Leipzig under number HRB 22478), hereafter referred to as "Spreadshirt".
All deliveries from Spreadshirt to the customer are carried out based on the general terms and conditions given below. These underlie all offers and agreements between Spreadshirt and the customer and are accepted for the duration of the whole business relationship. Opposing or deviating conditions of the buyer are only binding if Spreadshirt has agreed to them in writing.
§ 2 Responsibility for Online Offer
(1) Two shop types are available on Spreadshirt´s platform. First, there are shops which are designed and operated by Spreadshirt itself (“Spreadshirt shops“), and second, there are shops which are designed and operated by independent shop owners (“partner shops”). Information on the respective owner of a shop can be viewed via the link “legal information“ in the respective shop.
(2) Spreadshirt is responsible for the articles and motifs offered in a “Spreadshirt shop” as well as the overall design of the shop.
(3) The Shop owner assumes sole responsibility for marketing, configuration and arrangement of the Shop as well as the articles and designs on offer. Spreadshirt does not appropriate the Shop owners’ content and ideas as long as these do not meet the regulations of this GT&C or the regulations of the Partner GT&C. In particular, this applies to breaches on the part of Shop Operators of the obligation to apply Spreadshirt’s General Terms and Conditions in their shops vis-à-vis the end Customer.
§ 3 Conclusion of the Contract
(1) The "offers" contained on the website represent a non-binding invitation for the customer to place an order with Spreadshirt.
(2) (2) By filling in and sending off the order form on the Internet, the Customer makes a binding offer for the conclusion of a contract of purchase and/or a contract for work and materials. Before finally sending off the order form, the customer has the opportunity to check that his/her details are right and if necessary to correct them on a summary page. The following languages are currently available for the ordering process: German, English, French, Spanish, Dutch, Italian, Norwegian, Swedish, Danish, Polish, Finnish.
Then Spreadshirt sends an order confirmation via e-mail to the customer and examines the offer regarding its legal and effective feasibility, in particular any possible infringement upon trademark rights of third parties. The order confirmation does not represent an acceptance of the offer but shall only acknowledge to the customer that their order was received by Spreadshirt.
The contract only materialises when Spreadshirt dispatches the product ordered to the Customer and confirms the dispatch to the customer with a second e-mail (“Shipping Confirmation”). The details of the order can also be viewed online in the user profile under "Orders" on www.spreadshirt.net.
(3) In connection with §2 (3) Spreadshirt as platform provider cannot pre-examine all print designs created by customers or shop owners for possible breaches. Spreadshirt reserves the right to reject received orders within the legal period of acceptance if, during the ordering process, it becomes known or it is suspected that third-party rights or statutory regulations will be violated by a print design.
(4) The conclusion of the contract shall depend on punctual and correct supply of the goods to Spreadshirt. This proviso shall not apply in the event of short-term disruption to deliveries or if Spreadshirt can be held responsible for non-delivery, in particular if Spreadshirt fails to make a congruent hedging transaction in good time. The Customer will be informed immediately that the service is not available. If Customer has already paid for the goods, this money will be reimbursed.
§ 4 Delivery / Shipment
(1) In principle, delivery is made within three weeks from the date when the Customer receives confirmation of his/her order. Delivery dates and times are only binding if they are expressly confirmed as such by Spreadshirt in writing.
(2) Delivery is available to Germany and many other countries: More information can be found at www.help.spreadshirt.com/hc/en-gb.
(3) Delivery shall be conducted by a shipment service provider chosen by Spreadshirt. The customer has to pay standard shipping costs which may depend on order value, and where it is shipped to.
(4) If in exceptional circumstances delivery is not possible within the period of three weeks after conclusion of the contract mentioned in (1), Spreadshirt shall promptly inform the customer about it in writing, at the latest with the expiration of this time limit (§ 126b of the German Civil Code). The customer is then entitled to a right of withdrawal, which they, in turn, shall exercise immediately in writing (§ 126b of the German Civil Code).
§ 5 Prices
(1) For customers ordering from EU states, the prices as given are the gross prices and include the statutory incidental taxes, in particular Value Added Tax. Postage and packing is charged for separately and shown separately in the invoice. The delivery address is definitive.
(2) For customers from outside the EU all stated prices are net prices. The shipping address is decisive. If, according to the statutory regulations, the goods are subject to sales taxes in the recipient country, then these shall be paid additionally upon receipt of the goods. Furthermore, the goods may be subject to import duties which the customer shall pay additionally upon receipt of the goods.
(3) The customer has to pay shipping and handling, which may depend on order value and the delivery location.
(4) Purchase price, along with shipping and handling charges are immediately payable, without deduction.
§ 6 Payment
(1) The customer chooses the method of payment, which may be direct debit (SEPA direct debit mandate), credit card, advance payment, PayPal or direct transfer. Spreadshirt reserves the right of restricting the number of payment methods that a customer can choose from on the basis of factual criteria, as for example the order value. In case of direct debit payment (SEPA direct debit mandate), Spreadshirt will submit a pre-notification along with the order confirmation to the customer once the order has been completed (refer to § 3 par. 2). Settlement of accounts are effected by means of direct debit entries with the bank in charge of the customer’s account in Germany, Austria and Spain 1 day on submitting a pre-notification at the earliest, and in other countries 5 days on submitting a pre-notification at the earliest.
(2) In case of the method of payment chosen by the customer not being practicable, where Spreadshirt has met its contractual obligations, in particular if it is the case that a direct debit from the customer´s account is not possible due to a lack of funds or provision of wrong information, then the customer shall reimburse any additional costs incurred by Spreadshirt or a third party which carried out the transaction.
(3) Spreadshirt is entitled to make use of the services of trustworthy third parties for the handling of the payment:
a) If it comes to a default of payment of the customer, Spreadshirt is allowed to assign its claims to a debt collection agency and transfer the personal data required for the handling of payments to these third parties.
b) In the case of intervention of third parties in the handling of payments, then payment in relation to Spreadshirt only counts as made if the amount has been provided contractually to the third party, so that the third party can dispose of it as it sees fit.
(4) The customer agrees to electronic invoicing only. Invoices will be made available in PDF format and sent to the customer via email.
§ 7 Conditional Sale
(1) Up to the payment of any monies owed to Spreadshirt the goods remain the property of Spreadshirt. If the customer is a merchant according to the German Commercial Code (HGB), Spreadshirt remains owner of all delivery items up to the receipt of all payment due resulting from the business relationship.
(2) The customer is obliged to handle the product with care up to the transfer of ownership.
§ 8 Guarantee
(1) Information, drawings, figures, technical data, specifications of weight, measurements and services, which are contained in brochures, catalogues, newsletters, ads or price lists only are of an informational nature. No responsibility is accepted by Spreadshirt for the correctness of this information. Regarding type and scope of delivery only the information shall be decisive which is contained in the order confirmation.
(2) As far as there is a defect in the goods which falls under warranty, the customer shall be entitled in the context of statutory regulations to demand supplementary performance, withdraw from the contract or a reduction in purchase price.
(3) In the case of return shipments due to defects Spreadshirt will also pay for the cost of postage.
(4) Data communication via the internet, considering the current state of the technology, cannot be guaranteed as being flawless und/or available at any time. Thus, Spreadshirt shall not be liable for the continuous and uninterrupted availability of the online offer.
(5) The claims of the customer from warranty need as a prerequisite that they, as far as the customer is a merchant, have met their due obligations of examination and censure according to § 377 of the German Commercial Code (HGB).
(6) The term of limitation for claims under warranty for the goods provided is two years starting from the receipt of such goods. If the customer is in business then the term of limitation is one year.
§ 9 Limitation of Liability
(1) Apart from that, liability on the part of Spreadshirt follows statutory provisions, insofar as nothing else is determined in these general terms and conditions. Spreadshirt only bears unlimited responsibility for damages, no matter what the legal ground, in the case of deliberate action and gross negligence. In addition, Spreadshirt also bears unlimited responsibility for damages in cases of mild negligence resulting in loss of life, bodily harm or damage to health. In the case of mild negligence and breach of an essential contractual obligation (cardinal obligation) Spreadshirt´s liability is limited to the payment of the foreseeable, typically occurring damage. Liability of Spreadshirt according to the German Product Liability Act remains unaffected by the abovementioned provisions.
(2) As far as liability of Spreadshirt is excluded or limited in these general terms and conditions then the same applies for personal liability for damages on the part of employees, representatives and agents of Spreadshirt.
§ 10 Information about the right of withdrawal for consumer
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us (sprd.net AG, Gießerstr. 27, 04229 Leipzig, Deutschland, Telefon +49 (0) 341 59 400 5900, Fax +49 (0) 341 59 400 5499, firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of approximately 4 GBP. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
To sprd.net AG, Gießerstr. 27, 04229 Leipzig, Deutschland, Fax +49 (0) 341 59 400 5499, email@example.com:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
Exceptions to the right to cancel
Revocation of this contract is not possible with regard to the delivery of goods that have not been pre-fabricated, and which have been either selected individually or that have been explicitly personalised by the customer to meet his personal preferences.
§ 11 Copyrights to Print Designs, Release from Liability
(1) If the Customer provides his/her own motif or otherwise influences the product (personalisation of text), the Customer assures Spreadshirt that the text and motif are not subject to any rights held by third parties. In such case the cost of any breaches of copyright, personal rights or rights to the use of a name will be borne solely by the Customer. The Customer also assures Spreadshirt that by personalising the product he is also not breaching any other rights held by third parties.
(2) The customer releases Spreadshirt from all demands and claims which are made due to the infringement of such third-party rights, as far as the customer is responsible for the breach of duty. The customer shall reimburse Spreadshirt for all defense costs and other damages resulting from any such action.
§ 12 Technical and Design Deviations
When fulfilling the contract, we expressly reserve the right to deviate from the descriptions and information in our brochures, catalogues and other written and electronical documents with respect to material, color, weight, measurements, design or other features, as far as these can be considered reasonable for the customer. Reasonable cause for change may result from fluctuations customary in trade and technical production processes.
§ 13 Data Protection
Spreadshirt uses personal data of the customer for appropriate purposes and according to statutory regulations. The personal data given (i.e. name, e-mail address, mailing address, bank details) for ordering products are used by Spreadshirt for fulfillment and handling of the contract. This data is treated confidentially by Spreadshirt and is not given to any third parties who are not part of the ordering, delivery and payment procedures. The customer shall be entitled to access information on the personal data which Spreadshirt has saved about them free of charge. Moreover, they are entitled to the correction of incorrect data, and the blocking and deletion of their personal data, insofar as there is no legal obligation to retain such data.
§ 14 Dispute resolution
The European Commission provides a platform for Online Dispute Resolution (OS) which can be accessed here. We are neither required nor prepared to participate in a dispute settlement procedure before a consumer arbitration panel.
§ 15 Place of Jurisdiction – Place of Fulfillment – Choice of Law
(1) Place of fulfillment for all services is the place of business of Spreadshirt in Leipzig.
(2) As far as the customer is a merchant according to the Commercial Code of Germany (HGB), a legal entity under public law or special fund under public law, then Leipzig is the place of general jurisdiction. In such case, Spreadshirt is also entitled to sue the customer according to the opinion of Spreadshirt at their resident court. The same applies if the customer does not have their place of general jurisdiction in Germany, relocates their place of residence or habitual residence abroad after conclusion of the agreement, or their place of residence or habitual residence is unknown at the time of filing of an action.
(3) According to these general terms and conditions the agreement is exclusively subject to the law of the Federal Republic of Germany. Recourse to the UN Convention on Contracts for the International Sale of Goods is excluded. As far as the client is a consumer according to § 13 of the German Civil Code and is generally not resident in Germany, the mandatory regulations of this country remain unaffected.
(4) If individual provisions of these general terms and conditions are ineffective or oppose the statutory regulations, the rest of the agreement remains unaffected.
06 INFO | LEGal
SHOP ONE - SPREADSHIRT
SIX ONE SEVEN 1®
Six One Seven 1® | A brand new start up clothing company (2018). Currently looking for funding and investment.
We currently hold no stock as we use 3rd party companies to produce, print and ship our (outer printed) branded clothing.
Our first main "shop provider" is "Spreadshirt". Our second shop provider is "DizzyJam" For full terms and conditions read the general information below (shop one & shop two). The products used will be various brands (inner label) Our own unique branding/logo's will be placed on the outer of the clothing. If you have any problems with the products please see the returns info supplied by our 3rd party suppliers.
All of the products are made to order, one off prints. So it is very important you are 100% happy with our designs before placing your order. Our "shop providers" cannot accept returns unless the product is faulty. Remember to check the size chart to be sure you are ordering the correct size, our "shop providers" cannot accept returns if the product is too big or too small because they are one off prints and "they" cannot resell these products.
We thank all of you for the support and for your custom. We hope you are 100% satisfied with our designs.
Founder & Designer
SHOP TWO - DIZZYJAM
UK VAT number 187 3287 69.
Terms of Service
Effective Date: September 1, 2009
Thank you for visiting the Dizzyjam.com ("Dizzyjam", "our" or "we") website. The Dizzyjam website has been made available to you subject to your compliance with the terms and conditions set forth below (the "Terms of Service"). Please read this document carefully before accessing or using the Dizzyjam website.
By accessing or using this website, you are agreeing to be bound by the Terms of Service. If you do not wish to be bound by the Terms of Service, you may not access or use the website.
Modification of the Terms of Service
Dizzyjam reserves the right to change the terms, conditions, and notices at any time we see fit and without notice, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Terms of Service and additional terms or notices posted on the Dizzyjam website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement.
What service does Dizzyjam provide?
Dizzyjam provides a service allowing certain users (“Clients”) to create customised products, including without limitation, merchandise, books, compact discs, VCDs, and CD-ROMS (collectively, "Products"). Clients, also known as Artists, DJs, Bands, Clubs or Events may create and purchase individual Products for their own use or sell Products through their own page on the Website ("Artist Shops" or “Shop” or “Shops”). Clients who would like to sell Products through Shops must agree with all the conditions set out in this document . All users may browse the Website and purchase Products from the Shops. Dizzyjam may offer a number of other services on its Website, including without limitation, message boards, contests, and newsletters, which may change from time to time.
What are my obligations?
General. Clients must use the Shops Service in a manner that demonstrates common sense and respect for the rights of Dizzyjam and third parties and in accordance with applicable laws and regulations.
Shop Content. If you open a Shop, you will be solely and exclusively responsible for ensuring that your Shop(s), any content or materials that you submit to Dizzyjam for use with your Products ("Content"), and any websites linked to your Shop comply with the terms and conditions of this Agreement and all applicable laws, regulations and rules. All Shop Content must comply with terms stated in this document. While Dizzyjam has no obligation to monitor the transactions or communications made through its Website, it reserves the right, in its sole and absolute discretion, to cancel any transaction or remove any Content from the Website at any time without notice and without any liability to you or any third party.
Prohibited Content. You may not design, produce, market or sell a Product that does not comply with this Section, as determined by Dizzyjam in its sole and absolute discretion. For example, but without limitation, you may not design, produce, market or sell a Product that Dizzyjam believes: (i) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, and rights of privacy and publicity; (ii) is defamatory; (iii) is obscene or pornographic; (iv) is racist; (v) sexist or (vi) violates any applicable law, rule, or regulation, including, without limitation, by exploiting images or the likeness of minors.
Use of the Web Site and Dizzyjam Service.
Eligibility. Dizzyjam will only knowingly provide the Dizzyjam Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Dizzyjam Service only under the supervision of a parent or legal guardian who agrees to be bound by this TOS. The Dizzyjam Service is not intended for children under the age of 13.
Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of this TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use Dizzyjam Service and the Website.
Your License to Use the Web Site and the Dizzyjam Service.
(a) Dizzyjam solely and exclusively owns all intellectual property and other rights, title and interest in and to the Dizzyjam Service and Website, except as expressly provided for in these TOS. For example and without limitation, Dizzyjam owns the trademarks DIZZYJAM, DIZZYJAM.COM; the copyrights in and to the Website, and certain technology used in providing the Dizzyjam Service. You will not acquire any right, title or interest therein under this TOS or otherwise to any intellectual property owned by Dizzyjam.
(b) Dizzyjam grants you a limited revocable license to access and use the Website and the Dizzyjam Service for its intended purposes, subject to your compliance with this TOS. This license does not include the right to collect or use information contained on the Website for purposes prohibited by Dizzyjam; to compete with Dizzyjam; to create derivative works based on the content of the Website; or download or copy the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach this TOS, Dizzyjam may revoke the license granted to you.
This Section does not pertain to your intellectual property rights.
Prohibited Use. You may only use the Dizzyjam Service as expressly permitted by Dizzyjam. You may not cause harm to the Website or the Dizzyjam Service. Specifically, but not by way of limitation, you may not: (i) interfere with the Dizzyjam Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Dizzyjam Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Dizzyjam Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain Dizzyjam's name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the Dizzyjam Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by this TOS.
3.3 Ordering Policy. If you purchase Products, you agree to do so in accordance with Dizzyjam’s Ordering Policy. We must receive full payment for the items you’ve purchased before your order can be processed. On receipt of payment we will confirm that your order has been received by sending you an e-mail to the e-mail address you provide in your registration form. Our acceptance of your order brings into effect a legally binding contract between us.
Reservation of Rights.
Monitoring. Dizzyjam reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If Dizzyjam determines, in its sole and absolute discretion, that you or another Dizzyjam user will breach a term or condition of this TOS or that such transaction or communication is inappropriate, Dizzyjam may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
Modification of the Service. Dizzyjam reserves the right to modify the organization, structure or "look and feel" of the Dizzyjam Service or the Website, and may change, suspend, or discontinue any aspect of the Dizzyjam Service at any time without any liability to you or any third party. Dizzyjam shall have complete discretion over the features, functions, prices and other terms and conditions on which the Dizzyjam Service is offered to Dizzyjam users.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant Dizzyjam permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that Dizzyjam will have no obligation to keep any Submissions confidential. You will not bring a claim against Dizzyjam based on "moral rights" or the likes arising from Dizzyjam's use of a Submission. This Section does not apply to your Content that you use in connection with the Create & Buy Service or Shops Service.
Representations and Warranties.
Mutual Representations and Warranties. You represent and warrant to Dizzyjam and Dizzyjam represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this TOS, (ii) the execution and performance of your or its obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this TOS is a legal, valid and binding obligation of the party entering into this TOS, enforceable in accordance with its terms and conditions.
By You. You represent and warrant to Dizzyjam that, in your use of the Dizzyjam Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to Dizzyjam that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) Dizzyjam will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that Dizzyjam incurs in providing the Dizzyjam Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
Effective Date: September 1, 2009
Welcome to the Dizzyjam Shops Agreement ("Agreement"). This Agreement contains the terms and conditions under which Dizzyjam offers the "Shops Service" (defined below). Use of the Dizzyjam Shops Service constitutes your agreement to and acceptance of this Agreement. Dizzyjam reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Dizzyjam Website. In the event of substantive changes to the terms of this Agreement, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Shops Service. Your continued use of the Shops Service following posting of a change notice or new agreement on the Dizzyjam Website will constitute binding acceptance of the changes.
Shops Service. This Agreement provides the terms and conditions under which Dizzyjam provides its service that will allow you to create, produce, market, and sell Products through Shops (the "Shops Service").
Terms of Service. If you become a Shop Owner, you will continue to be bound by all of the terms and conditions of the Terms of Serice, which are incorporated into this Agreement by this reference. For clarity, the Shops Service is deemed part of the "Dizzyjam Service." All initially-capitalized terms not defined in this Agreement are defined in the Terms of Service, and any disputes you may have relating to your use of the Shops Service will be subject to confidential binding arbitration in accordance with the Terms of Service. If the terms of this Agreement conflict with the Terms of Service, this Agreement will govern and be given precedence.
Opening a Shop. Opening an Account. Only Clients have the right to use the Shops Service. To become a Client, you must open an account (an "Account") with Dizzyjam through its online registration process.
Contact Information. You must provide Dizzyjam with accurate and complete contact and payment identification information when you open an Account. You must immediately notify Dizzyjam if any of this information changes. If you do not provide Dizzyjam with complete, accurate, and updated contact and payment information, you may not be eligible to sell Products for-profit.
Account Security. You will need to select a password if you open an Account. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and Account, including, without limitation, any use by any unauthorized third party. You must notify Dizzyjam immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify Dizzyjam immediately if you become aware of any other breach or attempted breach of the security of your Account or the Dizzyjam Service.
Shop Services. Through the Artist Shops Service Dizzyjam provides, without limitation, premium products, programs, promotions, coupons, discounts, market data, special pricing structures and other fee-based services and programs ("Shop Services"). Use of the Shop Services constitutes your agreement and acceptance of the terms and conditions of the Shop Services. Dizzyjam may terminate or modify the Shop Services from time to time.
General. You must use the Artist Shops Service in a manner that demonstrates common sense and respect for the rights of Dizzyjam and third parties and in accordance with applicable laws and regulations.
Shop Content. If you open a Shop, you will be solely and exclusively responsible for ensuring that your Shop(s), any content or materials that you submit to Dizzyjam for use with your Products ("Content"), and any websites linked to your Shop comply with the terms and conditions of this Agreement and all applicable laws, regulations and rules. All Shop Content must comply with the Content Usage Policy. While Dizzyjam has no obligation to monitor the transactions or communications made through its Website, it reserves the right, in its sole and absolute discretion, to cancel any transaction or remove any Content from the Website at any time without notice and without any liability to you or any third party.
Prohibited Content. You may not design, produce, market or sell a Product that does not comply with the Content Usage Policy as determined by Dizzyjam in its sole and absolute discretion. For example, but without limitation, you may not design, produce, market or sell a Product that Dizzyjam believes: (i) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, and rights of privacy and publicity; (ii) is defamatory; (iii) is obscene or pornographic; or (iv) violates any applicable law, rule, or regulation, including, without limitation, by exploiting images or the likeness of minors.
Is my work or content licensed to Dizzyjam?
You will always retain full ownership of your logo, artwork and brand.
In uploading any of your design Content to the Website, you grant to Dizzyjam a royalty-free, worldwide, transferable, nonexclusive, right and license in such Content, in all media existing now or created in the future: (i) to permit you to use the Service to design, produce, market and sell Products, and (ii) to promote, market and advertise your Products, your Shop, or the Dizzyjam Service generally. Without limitation, this promotion, marketing, or advertising may consist of: (i) display of your Products, (ii) promotional "streams" of audio Content on the Website, (iii) display of Products on the Website, (iv) Product or Content placement in magazines, television shows, movies and other media, and (iv) the right to give away or sell any uploaded media where explicit permission has been granted. Dizzyjam may sublicense the rights that you grant it in this Section. This Section 4 only gives Dizzyjam the right to use your Content for the purposes stated above, and does not give Dizzyjam ownership of any of your Content.Product Creation.
Delivery of Content. You will upload or ship to Dizzyjam all Content that you want to use in your Shop in accordance with the applicable instructions on the Website. You must also upload or ship all other Content required to package and market any of your Products, such as cover artwork, titles, and complete and accurate credits. Dizzyjam may, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use with the Shop.
Approvals and Consents. You must have all necessary approvals and consents to use all Content and you must deliver copies of those approvals and consents to Dizzyjam, if Dizzyjam requests them.
Costs of Creation. You will be solely responsible for the creation of the electronic and digital Content that you upload or ship to Dizzyjam, and will pay all costs associated with its creation and copies thereof,
Who owns the content I upload to Dizzyjam?
Description. Dizzyjam offers a service (the "Create & Buy Service") that allows you to upload images, video, audio, data, and other content (collectively, "Content") to the Website to create, produce and purchase Products featuring the uploaded Content for your own use.
Delivery of Content. You will upload or deliver to Dizzyjam all Content that you want to use with the Create & Buy Service in accordance with the applicable instructions on the Website and in accordance with the “Obligations” Section above. . Dizzyjam may, in its sole and exclusive discretion, determine whether any Content complies with such instructions.
Licensing Your Content to Dizzyjam. You will retain ownership of the Content that you upload to the Website. You hereby grant to Dizzyjam a royalty-free, worldwide, transferable, nonexclusive, right and license to use such Content, in all media existing now or created in the future, as Dizzyjam deems necessary to enable you to use the Create & Buy Service to create, produce and purchase Products. Dizzyjam may sublicense the rights that you grant it in this Section to a third party subcontractor only for purposes of providing the Dizzyjam Service, processing your order, and producing and shipping your Products.
Disclaimers and Exclusions.
DISCLAIMER OF WARRANTIES. Dizzyjam PROVIDES THE WEBSITE AND Dizzyjam SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. Dizzyjam DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, Dizzyjam SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. Dizzyjam MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
Limitation of Liability.
LIMITATION OF LIABILITY. Dizzyjam WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE Dizzyjam SERVICE OR THIS TOS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THIS TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS TOS EXCEED THE GREATER OF (i) THE AMOUNT PAID BY Dizzyjam TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.
You must indemnify and hold Dizzyjam and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any provision of this TOS through any act or omission. If you have to indemnify Dizzyjam under this Section, Dizzyjam will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Dizzyjam's express written permission.
Termination. In its sole discretion, with or without notice to you, Dizzyjam may: (i) suspend, limit your access to or terminate your use of the Website and/or the Dizzyjam Service, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your Content from Dizzyjam's servers and directories and (iv) prohibit you from using the Dizzyjam Service and/or the Website.
Survival. Notwithstanding Section 11.1 above, this TOS will survive indefinitely unless and until Dizzyjam chooses to terminate this TOS.
Effect of Termination. If you or Dizzyjam terminates your use of the Website or the Dizzyjam Service, Dizzyjam may delete any Content or other materials relating to your use of the Dizzyjam Service on Dizzyjam's servers or otherwise in its possession and Dizzyjam will have no liability to you or any third party for doing so.
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by electronic mail. If you give notice to Dizzyjam, you must use the following addresses: firstname.lastname@example.org. If Dizzyjam provides notice to you, Dizzyjam will use the contact information provided by you to Dizzyjam. All notices will be deemed received as follows: by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement. .
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.
These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of England, Scotland and Wales without reference to conflict of law principles. This TOS is not assignable or transferable by you without the prior written consent of Dizzyjam. This TOS (including all of the policies and other Agreements described in this TOS, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Dizzyjam are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Six one seven 1 is a registered trademark (UK)
Registered Number UK00003265871
Six one seven 1 is a registered trademark (UK)
Registered Number UK00003265871