Apliiq Terms

Thanks For Visiting Apliiq!

Apliiq’s service (the “Apliiq Service”) is located at apliiq.com and is operated by Apliiq, Inc. The Apliiq Service provides designers with the ability to make digital mock ups of products, sellers with the ability to design, create and sell custom t shirts and other apparel with cut and sewn fabric embellishments and buyers with the ability to find high-quality, unique products.
We offer the Apliiq Service subject to the following Terms, including Apliiq’s Privacy Policy and Use of Apliiq Service. If you do not agree to these Terms, you are not authorized to use the Apliiq Service. These Terms apply to all of our products and services. From time to time, we include terms for other products and services, those provisions are incorporated into these Terms.

Use of the Apliiq Service

Information Provided By You:Certain features of the Apliiq Service require sign up. If you choose to sign up, you agree to provide and maintain accurate, current and complete information about yourself. Your data and personal information about you are governed by our Privacy Policy.
Your Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Please immediately notify Apliiq of any unauthorized use of your password or account or any other breach of security.
Promotions: Any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the Apliiq Service may be governed by specific rules that are in addition to these Terms. By participating in any Promotion, you will become subject to those rules. To the extent that the terms and conditions of the Promotion rules conflict with these Terms, the terms and conditions of the Promotion will control.
Age Requirement: If you are under 13 years of age, you are not authorized to use the Service. If you are under 18 years old, you may use the Apliiq Service only with the approval of your parent or guardian.
Applicable Laws: In connection with your use of the Apliiq Service, you will comply with all applicable laws, regulations and industry standards.
General Practices and Instructions Regarding Use: You will comply with any instructions provided to you by Apliiq in connection with your use of the Apliiq Service. Apliiq may establish general practices and limits concerning use of the Apliiq Service. Apliiq reserves the right to change its instructions, general practices and limits at any time, in its sole discretion, with or without notice.

Designers: Apliiq Design

The Apliiq Service allows you to create amazing branded products, which can be sold via campaigns and/or purchased online at apliiq.com or offline with the assistance of our customer service team. The following are specific obligations regarding designing, to the extent any design violates these Terms, we may choose to remove, delete, or modify the design in our discretion.
Artwork Quality: Content you provide must meet reasonable production standards (e.g. do not upload images with poor quality). Refer to frequently asked questions for more help on image quality.
Custom Labels: Apliiq offers ‘Brand’ users the opportunity to design and purchase custom woven labels to be applied to their orders. All Brand users should notify Apliiq when an order is placed or a campaign is launched that will use their custom labels to ensure they’re applied to the order.
Design Ownership: By creating a design through the Apliiq Service, you represent and warrant that you own or are the licensee of all trademark rights, copyrights, rights of publicity and other intellectual property or other proprietary rights necessary to create the design (“Design Content”), including any rights relating to the name, description, images, text or URL used for the campaign. You will provide Apliiq with evidence of your Design Content ownership upon request.
Apliiq does not claim any ownership rights in the content you upload to the Apliiq Service. Please be sure you maintain copies of all of your work. Apliiq has no responsibility or liability for the deletion or failure to store any content or information uploaded to the Apliiq Service. Apliiq retains all ownership rights in any designs created by Apliiq designers and may not be used by you, other than in connection with your campaigns on the Apliiq Service, without Apliiq’s express written consent.
For the purpose of producing your design and for the purpose of marketing the Apliiq Service, you hereby grant Apliiq a worldwide, non exclusive, transferable, fully paid up, sublicensable license under your Design Content to display, copy, modify and distribute the content (including all related images, text, content and information) you upload to the Apliiq Service in any medium Apliiq chooses.

Sellers Agreement: Campaigns & Campus

The Apliiq Service allows sellers to set up campaigns and sell custom apparel and accessories through those campaigns. Please find following specific obligations concerning the creation of any campaign. To the extent any campaign violates these Terms, we may choose to terminate, delay or modify the campaign in our discretion. For additional information about the Apliiq Service, please refer to Apliiq’s Frequently Asked Questions page.
Your Campaign Content Ownership: By creating a campaign through the Apliiq Service, you represent and warrant that you own or are the licensee of all copyrights, rights of publicity, trademark rights and other intellectual property or other proprietary rights necessary to create and conduct the campaign (“Campaign Content”), including any rights relating to the name, images, description, text or URL used for the campaign. You will provide Apliiq with evidence of your Campaign Content upon request.
Apliiq does not claim any ownership rights in the content you upload to the Apliiq Service. Please be sure you maintain copies of all of your work. Apliiq has no responsibility or liability for the deletion or failure to store any content or information uploaded to the Apliiq Service. Apliiq retains all ownership rights in any designs created by Apliiq designers and may not be used by you, other than in connection with your campaigns on the Apliiq Service, without Apliiq’s express written consent.
For the purpose of setting up and fulfilling your campaign and for the purpose of marketing the Apliiq Service, you hereby grant Apliiq a nonexclusive, worldwide, fully paid up, transferable, sublicensable license under your Campaign Content ownership to copy, display, distribute, modify the content (including all related images, text, content and information) you upload to the Apliiq Service in any medium Apliiq chooses.
Acceptable Use: Your use of the Apliiq Service, including the creation and setup of campaigns, is subject to these Terms (including our Use of Apliiq Service). To the extent any campaign violates or is alleged to violate our Use of Apliiq Service or any other part of these Terms, in addition to any other remedies, you agree that Apliiq has the right to withhold and direct any funds collected relating to the campaign, which funds will be disbursed based on Apliiq’s internal policies (for example, Apliiq may give the funds to a copyright owner where a campaign infringed upon an owner’s rights) and to control the defense or settlement of any claim or suit resulting from any such violation or alleged violation; and you agree to fully cooperate with Apliiq in such activities.
Indemnity: you agree to defend, indemnify and hold apliiq and apliiq's officers, directors, shareholders, other users, employees, agents, vendors, solution partners and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) content, designs, campaigns you create using The Service (b) your use of the site, (c) your connection to the site, (d) your violation of the agreement or (e) your violation of any rights of a third party.
Accuracy Of Campaign Content: All of your marketing, advertising and campaign descriptions, including content that is uploaded to the Apliiq Service, must be complete, correct and accurate.
Campaign Earnings: If you create a campaign through the Apliiq Service, you will be given a “cost each” from Apliiq for each product. You will also have the opportunity to set the “sale price” for each product. Once your campaign is launched and products are sold, you will earn the difference between the base price and your sale price, less returns. You understand that if your sales goal is not reached you are not entitled to any earnings or payouts.
Campaign Payouts: Apliiq will pay earnings via Paypal on or around the 15th of every month for the campaigns that are successfully funded the previous month. (For example, if you successfully complete your campaign in January, you will be paid out in February). You are solely and fully responsible for payment of any income taxes applicable to the amounts you earn through the Apliiq Service. Prior to receiving your payout, you may be required to provide additional information to Apliiq as needed by Apliiq to comply with its reporting obligations.
For example, if you campaign ends in January, you are paid on or around the 15th of February.

Apliiq Right to Change Sales Goal: You will be able to set the “sales goal” for each campaign. You agree that Apliiq may, in its sole discretion, increase or decrease your sales goal or begin to fulfill orders before your sales goal is met.
Nonprofits & Fundraising: You represent and warrant that any campaign you create that implicitly or explicitly relates to a charity or fundraising effort is authorized by such charity or fundraising effort, and you will ensure that your campaign description clearly and accurately states the percentage of proceeds that will be donated and to whom those proceeds will be donated.
Campus:
Application & Termination:
You can apply to Apliiq Campus to become a ‘Rep.’ As a Rep, you are given the opportunity to get sales and marketing experience by referring sales to the Apliiq Service. Apliiq in it’s sole discretion determines which users get to become a Rep. Apliiq can terminate a Rep at any time for any reason.
Rep Code: As a Rep, you are given a code that you can share with prospective customers. When a customer enters your Rep code during checkout you are given credit for the ‘Net Price’ (total transaction amount less refunds, cancellations, shipping, and taxes) of that sale. Only one tracking code can be used for each transaction. Tracking codes cannot be used for purchases of woven labels, gift cards, or campaign sales.
Earnings: The Net Amount of each transaction is multiplied by your commission rate to establish your ‘Earned Amount.”
Campus Payouts: Apliiq will pay earnings via Paypal on or around the 15th of every month for the campaigns that are successfully funded the previous month. (For example, if you successfully complete a sale in January, you will be paid out in February). You are solely and fully responsible for payment of any income taxes applicable to the amounts you earn through the Apliiq Service. Prior to receiving your payout, you may be required to provide additional information to Apliiq as needed by Apliiq to comply with its reporting obligations.
For example, if a customer uses your Rep code is used in January, you will be paid on or around February 15th.

Disputes: If you work with other people on your campaign or as part of campus, and there is a dispute between you and your team, regardless if Apliiq receives notice of the dispute, Apliiq is permitted to make payouts to the user that created the campaign or joined campus and claimed the sale. In Apliiq’s sole discretion, Apliiq may also withhold payouts until the dispute is resolved.
Apliiq Right To Allocate Earnings: In the case that your design includes labels and you sell more items in your campaign than you have labels in stock; Apliiq reserves the right to withhold funds to cover the purchase of additional labels needed to fulfill your campaign. Labels are 100 labels for $100.

Intellectual Property

If Apliiq receives any complaint or allegation that your campaign or any resulting merchandise constitutes an unauthorized use of a third party’s rights, you understand that Apliiq may terminate or delay your campaign, in its sole discretion. In addition, you understand that Apliiq may release your contact information to any third party that satisfactorily alleges a violation of its rights.
Apliiq reviews complaints infringement only from parties that own, or have the exclusive right to exploit, the applicable intellectual property. If you believe that an Apliiq user has infringed upon your rights, please notify Apliiq by emailing cs@apliiq.com. You may also contact us via the information provided at the end of these Terms, attention Legal Department.
You must include with 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 Apliiq campaign(s) or products used in connection with the sale of 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 subsisting 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; and
• 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 copyright or other right that is allegedly infringed.

Buyers: Purchasing of Apliiq Products

Payment Information: You represent and warrant to Apliiq that payment information is true and that you are authorized to use the payment method. You will be responsible for all taxes associated with your purchase of Apliiq products through the Service.
Returns & Exchanges: You may find information about Apliiq’s returns & exchanges policy under that section of the Apliiq website. Apliiq reserves the right to modify our returns & exchanges at any time, for any reason.
Shipping: Title and risk of loss for all merchandise ordered by you will pass to you on our delivery to the shipping carrier. A special note for international orders, Apliiq is not responsible for any delay, damage, or additional fees, imposed by customs. Apliiq maintains current shipping policies under that section of the Apliiq website. Apliiq reserves the right to modify the shipping policy at any time, for any reason. Cancellation: We reserve the right to cancel any order for any reason.

Apliiq's Proprietary Rights

Service Content, Software and Trademarks: You are only authorized to use the Apliiq Service for the purpose of engaging in business transactions with Apliiq. You may not use any automated technology to mine, scrape or gather any information from the Apliiq Service or otherwise access the pages of the Apliiq Service for any unauthorized purpose. If you are blocked by Apliiq from accessing the Apliiq Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). The technology and software underlying the Apliiq Service or distributed in connection therewith are the property of Apliiq, our affiliates and our partners (the “Software”). You agree not to modify, copy, create a derivative work of, reverse assemble, reverse engineer or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.
The Apliiq Service contains images, artwork, fonts and other content or features (“Service Content”) that are protected by intellectual property rights and laws. Except as expressly authorized by Apliiq, you agree not to modify, frame, lease, loan, copy, rent, distribute, sell or create derivative works based on the Apliiq Service or the Service Content, in whole or in part. Any use of the Apliiq Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Apliiq.
The Apliiq name and logos are trademarks and service marks of Apliiq (collectively the “Apliiq Trademarks”). Other company, product and service names and logos used and displayed via the Apliiq Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Apliiq. Nothing in these Terms or the Apliiq Service should be construed as granting any license or right to use any of Apliiq Trademarks displayed on the Apliiq Service, without our prior written permission in each instance. All goodwill generated from the use of Apliiq Trademarks will inure to Apliiq’s exclusive benefit.
Third Party Material: Under no circumstances will Apliiq be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content or materials. To the maximum extent permitted under applicable law, the third party providers of such content and materials are express and intended third party beneficiaries of these Terms with respect to their content and materials.
Apliiq may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Apliiq, its users or the public.

Third Party Websites

The Apliiq Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Apliiq has no control over such sites and resources and Apliiq is not responsible for and does not endorse such sites and resources. Apliiq will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Apliiq Service are between you and the third party, and you agree that Apliiq is not liable for any loss or claim that you may have against any such third party.

Disclaimer of Warranties

YOUR USE OF THE APLIIQ SERVICE IS AT YOUR SOLE RISK. THE APLIIQ SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. to the fullest extent permissible pursuant to applicable law, apliiq and its affiliates expressly disclaim all warranties of any kind whether express or implied, including but not limited to any warranties of title, or implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Limitation of Liability

under no circumstances including, without limitation, its own negligence, shall apliiq or its parents, subsidiaries, officers, shareholders, employees, affiliates, directors, agents, suppliers, or any other party involved in creating, producing, transmitting, or distributing apliiq or related services be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if apliiq has been advised of the possibility of such damages), resulting from: (a) the use or inability to use the site; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the site; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the site or (e) any other matter relating to the site. some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. in such jurisdictions, liability is limited to the fullest extent permitted by law.

Termination

Apliiq, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Apliiq Service and remove and discard any content within the Apliiq Service, for any reason. Further, you agree that Apliiq will not be liable to you or any third party for any termination of your access to the Apliiq Service. upon termination of your account or discontinuation of your use of the website apliiq is not required to clear your designs, campaigns, Design Content, Campaign Content, text and related content.

Relationship

Each party is an independent contractor in the performance of each and every part of these Terms. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of its activities under these Terms. You do not have the authority to commit Apliiq in any way and will not attempt to do so or imply that you have the right to do so.

General

these terms and conditions and your relationship with apliiq shall be governed by and construed in accordance with the laws of the state of delaware, without resort to its conflict of law provisions. you and apliiq agree to submit to the personal and exclusive jurisdiction of the courts located within. no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this agreement. apliiq may assign its rights and responsibilities hereunder without notice to you. the failure of a party to exercise or enforce any right or provision of this agreement will not constitute a waiver of the right or provision. apliiq's failure to act with respect to a breach by you or others does not waive apliiq's right to act with respect to subsequent or similar breaches. this agreement, together with the Use of Apliiq Service agreement, the sellers agreement, privacy policy, shipping policy and return policy constitutes the entire agreement between you and apliiq, and supersedes all other communications, written or oral, with regard to the site and services provided by apliiq.

Questions? Concerns? Suggestions?

Please contact us with any questions regarding these Terms or the Apliiq Service.