Important Legal Notice
Please read this user agreement carefully, including the mandatory arbitration provision in the section titled “dispute resolution by binding arbitration,” which requires that disputes are resolved by final and binding arbitration on an individual and not a class-wide or consolidated basis. If you do not wish to be subject to arbitration, you may opt out of the arbitration provision by following the instructions provided at the end of the section titled “dispute resolution by binding arbitration.” By accessing or using this website, our create & buy process, or other services provided via our website, you agree to be bound by this user agreement and all terms incorporated by reference. If you do not agree to all of the terms and conditions of this user agreement in their entirety, do not use any cafepress provided service, including this website.
Welcome to CafePress, the World’s Customization Engine Through theattirefactory.com and any other websites we own or operate (the “Website”), we provide various Internet-based services to help you express your creativity. Use of the Website is governed by this The Attire Factory User Agreement, which includes its Exhibits (the “Agreement”).
The Website lets you upload your original art, sayings, phrases, text, materials, tags, data, photos, designs and other creations (“Content”), apply it to a variety of blank products to create virtual products bearing your Content (“Products”), and then buy or sell your Products as follows:
- “Create & Buy” or “C&B” – create and purchase your own products;
- “Services” – offer your Products for purchase by others, including through;
- “Marketplace” – a shared marketplace hosted by The Attire Factory;
- “Fan Portals” – create designs using various entertainment properties, and offer them for sale on a variety of blank products through website fan portals;
- “Shops” – your own private store (extra fees apply), set up and run by you and hosted by The Attire Factory;
The Attire Factory only sells the blank products for you to customize, and the services needed to fulfill orders for your Products. The Attire Factory does not sell any content, and you acknowledge and agree that you are the seller of your products’ content.
General terms and conditions
I. This Agreement
- Acceptance: This Agreement establishes the terms, conditions, rights, and responsibilities applicable to your use of the Website. To use the Website, you must accept this Agreement by clicking the [I ACCEPT] button during account setup. If you do not click the “I ACCEPT” button, you are not authorized to use the Website, C&B and/or the Services.
- Amendments/Modifications: We may change this Agreement at any time, for any reason. We will notify you of changes by an e-mail from us and we will post the revised Agreement on the Website for thirty (30) days before the new version takes effect. If you don’t agree with the new version, you must terminate your Account before the new version’s effective date.
- Age and Capacity Requirements: No one under the age of 13 may use the Website, and use by individuals between the ages of 13 and 18 must be supervised by a parent or guardian who is bound by this Agreement. By using the Website, you represent and warrant that you meet the age requirements and are able to enter into legally-binding contracts.
- Breach: Your breach of this Agreement results in the automatic termination of the rights and licenses granted to you under this Agreement.
II. Your Account
- Opening an Account: An account (“Account”) is required to use the Website. You must provide complete and accurate contact, payment, and tax identification information, and select a password, to open an Account. Account registration is located here.
- Maintenance: You must keep all Account information current, and your failure to do so means you will not receive Payments for any Products you sell through the Services.
- You are responsible for keeping your password confidential, and for any and all use of your password and Account (including unauthorized use). You must immediately notify us if you think your password has been stolen, or if there has been any actual or attempted access involving your Account, to which you did not consent.
- Account Termination
- Your Rights: You may close your Account by completing the online account termination form
- Your Obligations: On termination of your Account, you must immediately remove all links to the Website and stop representing yourself as a user of our Services.
- Our Rights: We may, with or without notice:
- suspend, limit your access to, or terminate your Account(s) for any reason, or no reason, including, but not limited to:
- lack of Account activity for twelve (12) consecutive months; or
- repeated infringement of the intellectual property rights of CafePress or third parties.
- remove any or all of your Content and/or Products from the Website, our servers and/or directories; and
- ban you from use of the Website by any available means, including blocking your IP address.
- suspend, limit your access to, or terminate your Account(s) for any reason, or no reason, including, but not limited to:
- Termination Fees: If you use our Services and earn any Payments, and your Account is terminated (by you or by us), we will charge you a Twenty-Five Dollar ($25.00 USD) processing fee (“Processing Fee”) and will deduct that amount from any final Payment sent to you. If your Account contains less than the Processing Fee, we will keep the entire Account balance and you will not receive any Payment.
- Waiver: Any Payment which is outstanding and unclaimed for twelve (12) months or more after it is made to you becomes our sole property to retain or otherwise dispose of as we deem fit, without liability to you or anyone else.
III. Rights and Licenses
- CafePress Intellectual Property: We own all intellectual property and other rights, title and interest in and to the Website, C&B service, and the Services including, but not limited to, the CAFEPRESS trademark, the Website copyrights, and technologies used to provide C&B and the Services. You do not have, and will not acquire, any right, title or interest in or to any of our intellectual property except as specifically detailed in this Agreement. You have a limited, non-exclusive, revocable license to access and use the Website in accordance with this Agreement.
- Your Intellectual Property: You own all intellectual property and other rights, title and interest in and to any Content that you upload to the Website. You are solely responsible for your Content, and we do not have, and will not acquire, any right, title or interest in or to your Content except as specifically detailed in this Agreement. By uploading any Content to the Website, you grant us the following rights and licenses:
- For C&B: a royalty-free, worldwide, transferable, exclusive, sub-licensable right and license to use your Content in all media, existing now or created in the future, as we deem necessary to enable you to use the C&B Services. Our right to sublicense is limited to the use of third-parties to provide the Services, process your order, and/or produce and ship your Products.
- For the Services: a royalty-bearing, worldwide, transferable, non-exclusive, sub-licensable right and license to use your Content in all media and sales channels, existing now or created in the future, as we deem necessary to provide the Services including, but not limited to:
- allowing you to design, market, make available for sale, sell, produce and distribute Products bearing your Content;
- promoting, marketing and advertising your Content and/or Products by displaying them on the Website, marketing them through our affiliates and distribution partners, and featuring them in magazines, television shows, and movies;
- automatically adding your Content to additional blank products offered through the Shops and Marketplace portions of the Services via the auto-populate feature (“CP Admin”); and
- modifying your Content for purposes of improving the printing quality, display-ability, or enhancing its appearance on your Products by cleaning up JPG artifacting, resizing to fit dimensions of the blank products that you have chosen to apply your Content to, adjusting colors for different printers and Products, and adjusting placement on Products.
- For the CP Admin Auto-Populate Feature: a royalty-free, worldwide, transferable, exclusive, sub-licensable right and license to use your Content in all media, existing now or created in the future, as we deem necessary to enable you to use the C&B Services. Our right to sublicense is limited to the use of third-parties to provide the Services, process your order, and/or produce and ship your Products.
- Submissions: You grant us the perpetual, non-exclusive, sub-licensable right to use any questions, comments, suggestions, ideas, message board postings, web forms, contest entries, communications or any and all other materials or information that you submit to us (“Submissions”) for marketing and other promotional purposes, and waive any claim arising from or relating to use of your Submissions.
- Payment: You will be paid either a Royalty or a Commission (collectively “Payment” or “Payments”) for all Products sold using the Services.
- For Products you sell through the Marketplace and/or Shops, you will receive Payment in the form of a “Royalty” or “Royalties”.
- For Products you sell through a Fan Portal or under any Affiliate Agreement you will receive Payment in the form of a “Commission,” calculated in accordance with Exhibit B.
- Taxes: You are responsible for determining what, if any, taxes apply to Payments you receive, for maintaining any required documentation, and for collecting, reporting and remitting taxes to the appropriate authorities.
- Timing of Payments: As you sell Products, Royalties and/or Commissions will accumulate in your Account. You will be paid by PayPal (unless another method of payment is selected in the Payee Information section of your Account) once your Account balance reaches your designated payment threshold. Payments will be automatically pushed to you within sixty (60) days after the last day of the month during which your Account balance reaches the threshold.
- Content Usage Policy: You are responsible for uploading your Content according to the The Attire Factory All Content must comply with the Content Usage Policy in Exhibit C.
- We reserve the right, but do not assume the obligation, to determine whether Content complies with the Website upload instructions, the Content Usage Policy, and this Agreement. We may remove Content that appears to be non-compliant, and withhold Payment for any Products sold bearing Content that appears to be non-compliant.
- Costs of Creation: You are responsible for the cost of creating your Content.
VI. Use of the Website
- Your use of the Website must be in accordance with this Agreement, and must comply with all applicable laws, rules and regulations.
- You may not cause any harm to, or otherwise interfere with, the Website and/or Services by (but not limited to):
- introducing viruses or using programs or technology intended to disrupt or damage software or hardware;
- modifying, creating derivative works from, reverse engineering, decompiling or disassembling any technology;
- interfering with or disrupting the access of any user, host or network via any means including, but not limited to, overloading, flooding, spamming, scripting Content creation, or linking to coupon sites;
- creating an undue burden on the Website;
- collecting email addresses or other information using the Website;
- impersonating another person or entity;
- using meta tags, search terms, key terms, etc. containing the word “CafePress” or our other trademarks;
- helping or encouraging any third party to engage in activity prohibited by this Agreement;
- purchasing, registering, or bidding on any keywords, search terms or other identifiers including the term (or variations of) “cafepress” (i.e. “cafepress”, “cafe press”, “CafePress.com”, etc.) for use in any search engine, portal, sponsored advertising service or other search or referral service.
- You may not use “spam,” “blast-faxes” or recorded telephone messages to promote, market or sell your Content and/or Products. You may not spam or attempt to deliberately subvert the results of our directory or search engine with false, misleading, or unnecessarily repetitive information.
VII. Representations and Warranties
- Mutual Representations and Warranties: You represent and warrant to us, and we represent and warrant to you, that: (1) each of us has the full power and authority to enter into and perform this Agreement; (2) the execution of this Agreement and performance of our obligations will not breach, and does not conflict with, any other agreement or arrangement by which we are respectively bound; and (3) each of us understands and agrees that this Agreement is a legal, valid, and binding obligation enforceable by law according to its terms and conditions.
- Your Representations and Warranties: You represent and warrant that:
- your use of the Website does not infringe the rights of any third-party including, but not limited to, copyrights, trademarks, patents, trade secrets, and rights of privacy and publicity;
- your use of the Website does not violate any applicable laws, regulations and rules including, without limitation, exploitation of the images or likeness of minors;
- there are no pending or threatened lawsuits, claims, or demands involving, arising from or relating to your Content; and
- your use of the Website is and will at all times remain in full compliance with this Agreement.