TERMS AND CONDITIONS
Acceptance of Terms
WELCOME TO Apliiq Inc. ("APLIIQ"). APLIIQ PROVIDES ITS WEBSITE AND RELATED SERVICES ("SITE") TO YOU SUBJECT TO THE FOLLOWING USER AGREEMENT ("AGREEMENT"). IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW. APLIIQ CAN CHANGE THIS AGREEMENT AT ANY TIME BY POSTING AN UPDATED USER AGREEMENT ON THIS SITE AND APLIIQ MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE. IF YOU HAVE ANY QUESTIONS ABOUT THE AGREEMENT, YOU MAY CONTACT US AT USER_AGREEMENT@APLIIQ.COM.
If you become a Seller, you grant the additional rights set forth in the Sellers Agreement that is incorporated herein by this reference. If you act as a Seller in accordance with the Sellers Agreement, then the Apliiq Payout Schedule that are incorporated by this reference herein also apply. If Apliiq manufactures fabric using your Fabric Art, then the Fabric Art License Agreement that are incorporated by this reference herein also apply.
User Account, Password, and Security
You will create a password and user account upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to (a) immediately notify Apliiq of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Apliiq cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
In using this Site, you agree to not:
upload, download, post, email or otherwise transmit any materials including but not limited to text, data, photos, graphics, artwork, Fabric Artwork, videos or any of these elements ("Content") in combination as a Design for Products available on this Site or otherwise that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original Content that you have created yourself from original elements. This means you can't use images of celebrities or corporate products, nor images, text, or design that you've copied from a website without written permission from the owner. You cannot create a "new" image using elements from images other people have created. And you cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. However, any Designs saved including any Content associated with that design can be displayed in any Store. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, gather and transmit confidential information or limit the functionality of any computer software or hardware or telecommunications equipment;
upload, download, post, email or otherwise transmit false or misleading information;
disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites;
frame or link to the Site except as permitted in writing by Apliiq with the sole purpose of promoting Apliiq;
incorporate images or names that would violate a person's right of privacy or publicity; or
incorporate a celebrity, current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person's name or likeness (for Apliiq Stores, Products as imagery or text).
You also agree to comply with the Acceptable Use Policy incorporated by reference herein. If there is a conflict between the terms of this Agreement and the Acceptable Use Policy, the Acceptable Use Policy will control.
You acknowledge that Apliiq does not pre-screen submitted Content, but that Apliiq and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Content or Design that is available via the Site. Upon creating a Design, placing your order or establishing a Store, you acknowledge that Apliiq may review your Design, order, or Store and the Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement. Without limiting the foregoing, Apliiq and its designees shall have the right to remove any Content or Design or Store that violates the Agreement or is otherwise objectionable to Apliiq. You agree that you must evaluate, and bear all risks and liabilities associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content, Design or Store. You acknowledge that you may not rely on any Content, Design, or Store, created by or submitted to, Apliiq. You acknowledge and agree that you are responsible for the creation and compilation of any of your Content, Designs and Stores, and that neither Apliiq nor any other party involved with the production of any Product incorporating such Content or Design assumes that responsibility. Apliiq's production of any Product associated with or depicting your Content or Design does not indicate that Apliiq approves of the Content or Design, that the Content or Design obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content or Design.
You acknowledge and agree that Apliiq may preserve Content, Designs, or Stores and may also disclose Content, Designs or Stores if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content, Designs, or Stores violate the rights of third-parties; or (iv) protect the rights, property, or personal safety of Apliiq, its Users and the public.
You understand that the technical processing and operation of the Site, including your Content, Designs or Stores, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
You agree that you are responsible for actions and communications undertaken under your account. Apliiq takes no responsibility and assumes no liability for any Content, Designs or Stores uploaded or created or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against Apliiq and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, Content, Designs or Stores or materials on the Site. You agree to indemnify Apliiq and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.
You agree that you will use this Site and any Products and fabrics, ordered on this Site in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
You acknowledge and agree that any Content, Designs or Stores, including but not limited to text, data, photos, graphics, artwork, fabric artwork, videos etc. or other material contained or distributed on or through the Site, by Apliiq, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content, Designs, or Stores received through the Site without the authorization of the Content owner except as defined in this agreement. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content, Designs and Stores available through the Site, in violation of applicable copyright and other intellectual property laws.
You retain all ownership rights to your Content submitted to the Site. By submitting Content to Apliiq, you grant Apliiq a nonexclusive, perpetual, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your Content.
You acknowledge and agree that the Site and any software provided to you or used in connection with the Site, including, for example and without limitation, any API's or other scripts ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except to the extent that a separate click on agreement applies to a particular piece of Software, subject to your compliance with the terms and conditions of this Agreement, Apliiq grants you a non-exclusive, non-transferable, non-sublicenseable license to use the Software solely as necessary to use this Site and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
The intellectual property rights in or relating to any Design, Store, notes, messages, e-mails, postings, letters, ideas, suggestions, survey responses, concepts or other written materials which you submit or communicate to Apliiq (excluding your Content you submit) will automatically be deemed to be assigned, granted and transferred by you to Apliiq upon their submission or communication to Apliiq or its customers, and you do assign all rights therein to Apliiq and agree that the same will automatically become the property of Apliiq and that Apliiq may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose Apliiq may elect, forever.
Intellectual Property Policy
Apliiq respects the intellectual property rights of others. We ask our users to do the same. Apliiq may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.
If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify Apliiq's Copyright Agent, and provide the following information ("Notice"):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
a description of the copyrighted work and/or trademark claimed to have been infringed;
a description of where the claimed infringing Content is located on our Site;
your address, telephone number, and email address
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.
Apliiq's Copyright Agent can be reached at: content_agent@Apliiq.com.
YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OR PERPETUAL LICENSEE OF THE CONTENT WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS, TRADEDRESS AND TRADEMARKS) IMAGE AND LIKENESS OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT. YOU HEREBY REPRESENT AND WARRANT TO US THAT THIS AGREEMENT HAS BEEN DULY AND VALIDLY EXECUTED AND DELIVERED BY YOU AND CONSTITUTES YOUR LEGAL, VALID AND BINDING OBLIGATION, ENFORCEABLE AGAINST YOU IN ACCORDANCE WITH ITS TERMS; AND THAT THE EXECUTION, DELIVERY AND PERFORMANCE BY YOU OF THIS AGREEMENT ARE WITHIN YOUR LEGAL CAPACITY AND POWER; HAVE BEEN DULY AUTHORIZED BY ALL REQUISITE ACTION ON YOUR PART; REQUIRE THE APPROVAL OR CONSENT OF NO OTHER PERSONS; AND NEITHER VIOLATE NOR CONSTITUTE A DEFAULT UNDER THE (I) PROVISION OF ANY LAW, RULE, REGULATION, ORDER, JUDGMENT OR DECREE TO WHICH YOU ARE SUBJECT OR WHICH IS BINDING UPON YOU, OR (II) THE TERMS OF ANY OTHER AGREEMENT, DOCUMENT OR INSTRUMENT APPLICABLE TO YOU OR BINDING UPON YOU.
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 or Stores you create or submit, post to or transmit through the Site, (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.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes other than the selling of Apliiq Products, any portion of the Site, use of the Site or access to the Site without Apliiq 's express written consent.
You agree that Apliiq, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content, Designs or Stores you may have contributed to the Site, at any time for any reason or no reason. Apliiq may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Apliiq may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Further, you agree that Apliiq shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account.
The Site may provide, or third parties may provide, links to other websites or resources. Because Apliiq has no control of such sites and resources, you acknowledge and agree that Apliiq is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources or the policies of such sites and resources. Apliiq is not 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 such content, goods or services available on or through any such site or resource.
You acknowledge and agree that you will not use any Product ordered from the Site or Design or Store created on the Site in a way that would be damaging to Apliiq's public reputation or that of its employees, board members, shareholders, licensors, agents, other Users, vendors or solution partners. Additionally, you acknowledge that if you choose to display any Product ordered from Apliiq or Designs or Stores created, in a public setting, including on the Internet, in a way which disparages Apliiq, Apliiq's board members, employees, shareholders or partners, Apliiq reserves the right to demand immediate return of the product, to furthermore pursue all recourses and remedies available under the law.
Pricing, Shipping, and Terms of Sale
Prices for Products are described on the Site and are incorporated into this Agreement by reference. All prices are in US dollars unless otherwise shown. Prices, Products, Designs and fabrics may change at Apliiq's discretion. Apliiq reserves the right to change prices and apply discounts without notice. Apliiq reserves the right to determine the price at which Products are sold on the Site and affiliated sites. Title and risk of loss for all products ordered by you shall pass to you on Apliiq's shipment to the shipping carrier. Purchases are subject to Apliiq's Return Policy. Apliiq reserves the right to cancel any order for any Product that may violate the intellectual property rights of a third party and will notify the purchaser that the order has been canceled. Apliiq reserves the right to substitute a fabric or component of the Product with another component of similar characteristics.
Age and Geographic Restrictions
You must be at least 13 years of age to use this Site. Please contact us if you have any concerns or questions about this restriction.
Correction of Errors and Inaccuracies
The information and product listings on this Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to Design or Store description, name, pricing and availability. We also reserve the right to limit or restrict quantities of Products (including after you have submitted your order) for any reason, including, without limitation, if the Product or Design violates any terms of this Agreement or the materials for order fulfillment are no longer available or available at a reasonable price at the sole discretion of Apliiq. Apliiq reserves the right to cancel and refund any order.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, PROGRAMS AND MATERIALS AVAILABLE THROUGH IT ARE 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.
APLIIQ DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU AGREE THAT APLIIQ SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, STORES, DESIGNS DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH CONTENT, DESIGNS, STORES, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT APLIIQ DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, APLIIQ AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
YOU ACKNOWLEDGE THAT APLIIQ MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APLIIQ OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
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.
If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.
ACCEPTABLE USE POLICY
We would like for everyone to enjoy all the products that Apliiq has to offer. We fully respect the rights to free expression, and are thrilled that Apliiq products enable people to express themselves fully in the real world.
To ensure that Apliiq continues to be enjoyed by everyone, we have a few rules that we ask for everyone to abide by. The following content is not permitted at Apliiq:
No Content, text or images that infringe on any intellectual property rights including, but not limited to copyrights, trademarks and rights of privacy/publicity
No text or images of obscenity, pornography or nudity that is not artistic in nature
No text or images that encourages or glorifies drug use/abuse
No excessive violence
No content that is libelous or defamatory
No content that can reasonably be viewed as harassing, threatening, or otherwise harmful
No hate speech
No content that can reasonably be viewed as discriminatory based upon race, creed, ethnicity, national origin, sexual orientation, or disability
No content that violates or encourages anyone else to violate any law
Any products that are deemed unacceptable by the rules above, or deemed offensive or in bad taste at the sole judgment of Apliiq will have the Content, Designs or Stores cancelled and removed from the Site with or without notice.
At the time you publish a Design, you will be asked to provide information (title, description, tags, categories) about your Design so that visitors to the Site can search and find relevant products. You will make best efforts to provide accurate, non-misleading information about your Designs and you will not submit unrelated information in connection with your Design for any purpose. If Apliiq determines that information is misleading or inaccurate or that it violates the rights of a third party, Apliiq may delete such information or your Design, in its sole discretion.
If you have any concerns about a product, you may contact our Content Management Team at content_review@Apliiq.com.
SPECIAL NOTE FOR CUSTOMIZATION OF OFFICIALLY LICENSSNED MERCHANDISE
Apliiq is proud to be in association with a myriad of content partners. With the power of Apliiq, you may have the ability of online customization for your favorite movie characters, music artists and branded products. In addition to our Acceptable Content Guidelines, we ask you to follow a few more rules.
Here you will find the guidelines of what is generally prohibited for customizing with officially licensed merchandise:
No text or images that may be considered offensive or be controversial to others in any manner
No sexual connotations
No names of politicians or political statements
No business advertising
No company names, school names, or sports teams, trademarks, slogans or tag lines without expressly written permission from the owner.
No events other than those with a family name incorporated ("Johnson Family Reunion")
No text or images that may place the brand or any of its affiliates in a negative light or which the brand does not wish to have placed on its products
For a full description of our acceptable content guidelines, please see our Terms & Conditions.
If you create a Design, you must agree to our Sellers Agreement.
The Fine Print:
1. We reserve the right to decline to use your uploaded image or text at our sole discretion.
2. Prior to uploading an image or text, you must read carefully and make certain you understand our Terms & Conditions.
3. You may not upload an image or text that violates the Terms & Conditions.
You must own all rights (including copyright and trademark) in the image and text you upload or have the written permission of ALL persons who own (a) the rights to upload the image or text and (b) the rights to authorize the uses permitted in the Terms & Conditions. If someone other than you is the owner of the image or appears in it or has created the text, you must obtain such permission from those persons. If you upload any image or text that violates our Terms & Conditions, your account may be terminated.
By ordering, publishing, saving, sharing your Design or by clicking "sell it" you certify that (a) you have read and agree to the Terms & Conditions; (b) the Content does not violate the Terms & Conditions; (c) you own or have obtained all rights necessary to upload this image and/or text and authorize the uses permitted in the Terms & Conditions; and (d) you are granting Apliiq the license to make all such uses of the image and/or text.
The following terms of this Sellers Agreement ("Agreement") apply if you become a Seller.
Commission. Apliiq will pay you a commission for all sales of public Products from your store or customizer ("Commission"). Apliiq's standard Commission Rate is 10%. Apliiq may in its sole discretion change your Commission Rate with or without notice. Your Commission will be calculated as follows: Your Commission Rate multiplied by Net Sales of Products sold from your Store (including your Shop or Custom Workshop). Net Sales means the purchase price received by Apliiq minus amounts charged for shipping, handling, packaging, discounts, promotions, insurance, credit card fees including chargebacks and sales or similar taxes; refunds, credits, and reversals.
Currently Apliiq is required to issue IRS Form W-9 to any vendor who accumulates Commissions exceeding $600 on an annual basis. At the first point your account exceeds $600 in one year Apliiq will send a W-9 to you via email. If you do not fully execute the IRS Form W-9 for Apliiq, Apliiq will not pay you more than $600, even if your site has generated in excess of $600. Apliiq is required by law to issue IRS Form 1099 to you if your Commission exceeds $600. You are responsible to report your income as required by law.
Ineligible Sales. Apliiq will not pay you a Commission for sales of any Products which incorporate a Design that violates this Agreement, the Apliiq User Agreement, the Acceptable Use Policy or any of your representations below. For example, if Apliiq discovers that one of your Designs infringes someone else's copyright or that you do not have the right to use the Design, Apliiq reserves the right to reverse all Commissions for such Designs, whether due or already paid.
Statements and Payments. Commissions are payable for all sales of Designs from your Store. Apliiq maintains a statement of your Commissions (both pending and paid). You may check your statement in the "My Apliiq" section of your account. Apliiq will pay your Commission in accordance with the information you provide in the "My Account" section of your My Apliiq account. Apliiq pays Commissions in accordance with the Apliiq Payout Schedule listed above.
On the Account Detail page of your My Apliiq Account, you may also add or edit your paypal email. Currently Apliiq only distributes funds via Paypal. Apliiq, in its discretion, may change the methods of payment that are available, and certain methods of payment may not be available for all balances. For example, if you choose to receive payment by check when such option is available, Apliiq may set a minimum balance as a pre-requisite to issuing a check. In such case, you will be required to select an alternative payment method in order to receive payment of a balance below the minimum. Any such restrictions will be reflected on the Account Detail page, which may be updated by Apliiq from time to time.
Marketing & Promotions. Apliiq may market, promote, and sell Products, Stores and Designs on the Site, on other websites, and/or through distributors and wholesale or retail channels. Apliiq may in its sole discretion run discounts and promotions (including volume discounts and special sales discounts). You acknowledge that your Commission will be based on the amount of Net Sales Apliiq actually receives for the sale of Products.
Termination of Store (including Shop, Custom Workshop and Fabric Library), Content or Design within your account at any point with or without notice. If your store remains inactive with no sales for over 6 months, Apliiq reserves the right to inactivate or delete the Store and all saved Designs, Custom Workshops, Fabric Libraries, landing pages, links, selections and data contained in such Store.