1.1 "Seller," "Artist," "You" and "Your" refer to the user who signs up for an artist and/or a Seller account though the BustedTees.com Platform located at www.BustedTees.com.com.
1.2 "Seller Link" and/or "Your Link" refer to a hyperlink containing a Seller’s unique identification code placed by the Seller on web sites, social media accounts, or other permitted methods that link back to the BustedTees.com Platform. Links may take many forms, including but not necessarily limited to text, images, buttons, banners, and videos.
1.3 "Seller Site" and/or "Your Site" refer to web sites, blogs, and/or social media where a Seller places a Seller Link or any method of communication/advertising permitted by this Agreement related to Your Site.
1.4 "Commission" and "Sale Commission" refer to the earned percentage of an individual sale total charged to the Visitor, not including shipping costs, or to the earned bounty (flat rate) per individual sale that BustedTees.com agrees to pay to an Active Seller for a completed sale via the BustedTees.com Platform. A sale shall be deemed completed only when the Product is accepted by the end consumer.
1.5 "Design" and/or "Your Design" refer to the original artwork, including illustrations, graphics, vector files, renderings, and other text or images in hard copy or digital format provided by the Artist for display on the BustedTees.com Platform or on physical or electronic products made by or for BustedTees.com.
1.6 "My Manager" refers to the section of the BustedTees.com Platform that an Artist and/or Seller may access with their unique username and password combination for the purposes of managing a Seller Account and/or an Artist Account. A Seller and/or Artist must provide and edit profile information, payment preferences, Seller Site information, Seller Link information, upload and edit the Design and mockup, track product views and sales, and to address any other information BustedTees.com determines, in its sole discretion, is required to meet the purposes of this Seller Agreement, through the My Manager section. Furthermore, a Seller’s Payments Earned and Payout history may be viewed by the Seller in the My Manager section. Lastly, the Royalty and Payout history may be viewed by an Artist in the My Manager section.
1.7 "Payout" refers to an aggregate of Royalties paid to an Active Artist and/or to an aggregate of Commissions paid to an Active Seller.
1.8 "Product" refers to any physical or electronic products, including but not necessarily limited to apparel, stickers, promotional materials, and/or anything BustedTees.com decides, in its sole and complete discretion, to have as an option for purchase.
1.9 "Purchase Price" means the price paid by the customer, retailer, wholesaler, or merchant partner, adjusted by any promotional discounts or coupons, and shall not include shipping or other additional charges.
1.10 "Royalty" and "Royalties" refer to the percentage of an individual sale amount charged to the customer, or retailer, wholesaler, or merchant partner, not including shipping costs, that BustedTees.com agrees to pay to an Active Artist as a licensing fee for a Design.
1.11 "Sub-Seller" refers to a Seller who has signed up for the Seller Marketing Program through a referral from an approved "Parent Seller" and who signs up under that Parent Seller’s referral code.
1.12 "BustedTees.com Site," "Site," "BustedTees.com Platform," and "Platform" refers to any website(s) owned or operated by or for BustedTees.com.
1.13 "Visitor" refers to any person or user that clicks on a Link to the BustedTees.com Platform or otherwise uses a computer or other electronic device to view the BustedTees.com Platform.
2.1 To sign up as a Seller or an Artist for BustedTees.com YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE, and supply a valid tax ID. A valid tax ID can include a Social Security Number for individuals or a federal tax ID for corporations or other business entities. If You are not a U.S. citizen or a representative of a U.S. business, You may be required to provide additional personal or business information for tax reporting purposes.
2.2. To remain eligible to receive Commissions, Sale Commissions, Royalties or Payouts, You must be considered an Active Seller or an Active Artist. "Active" shall mean that you have logged into your account at least once in the last three months.
2.3 THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN THE BUSTEDTEES.COM SELLER MARKETING PROGRAM: ADULT SITES; SITES THAT DISPLAY ADULT BANNERS; SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED; SITES THAT PROMOTE ILLEGAL ACTIVITY. WHETHER A SITE QUALIFIES AS BEING ONE OF THE AFOREMENTIONED PROHIBITED TYPE OF SITES SHALL BE WITHIN THE SOLE AND EXCLUSIVE DISCRETION OF BUSTEDTEES.COM.
2.4 As part of the registration process, You will select a username (email) and password combination that You use to access Your account via My Manager. YOU MAY NOT USE OUR MARK, "BUSTEDTEES.COM," "BUSTEDTEES.COM SHIRTS," OR ANY PART OF THE BUSTEDTEES.COM MARK, OR ANY COMBINATION OF WORDS, LETTERS, SYMBOLS, NUMBERS, OR SPECIAL CHARACTERS IN YOUR USERNAME THAT MIGHT IDICATE YOU ARE AN EMPLOYEE, TEAM MEMBER, PARTNER, AGENT, OR DESIGNEE OF BUSTEDTEES.COM, OR WHICH MIGHT OTHERWISE CAUSE CONFUSION ABOUT YOUR RELATIONSHIP WITH BUSTEDTEES.COM. You are responsible for maintaining the confidentiality of Your username and password, and You are responsible for all usage and activity on Your Account, including use of the account by a third party whether or not you’ve authorized the third party to use Your account. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your account by BustedTees.com and referral to the appropriate law enforcement agencies.
3.1 You represent to BustedTees.com that all information You provide in Your account is true and accurate, and any content You provide to BustedTees.com is solely owned by You or provided by You with the express authority of the person, partnership, company, organization, or other entity You represent; that it does not infringe upon any third-party rights, including without limitation, intellectual property rights; and that it is not defamatory, libelous, unlawful, or otherwise objectionable. You shall remain solely responsible for Your content, Your Link placement, and Your site.
4.1 You acknowledge and agree that any content, including but not limited to text, data, photos, graphics, etc., or other material contained or distributed on or through the BustedTees.com Platform, by BustedTees.com, its advertisers, affiliates, or other third parties, may be and/or is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any content received through the BustedTees.com Platform without the authorization of BustedTees.com or the content owner. You may not publish, reproduce, copy in whole or in part, nor upload, download, post, email, sell, or otherwise distribute content available through the BustedTees.com Platform in violation of applicable copyright and other intellectual property laws.
4.2 You retain all ownership rights to the Design submitted to the BustedTees.com Platform. By uploading the Design to the Platform, You hereby grant to BustedTees.com the nonexclusive, universal, transferable, irrevocable, sublicensable right to use, reproduce, publicly display, sell, and distribute the Design in or on Products available on the BustedTees.com Platform for direct purchase, or available through other retailers, wholesalers, distributors, merchants, or businesses working with BustedTees.com. By uploading Designs to the BustedTees.com platform, you specifically acknowledge and agree that these other retailers, wholesalers, distributors, merchants or businesses working with BustedTees.com may alter the price of products in their sole discretion and that such alteration may affect the amount of Your Payout.
4.3 By uploading the Design to the Platform, You further grant to BustedTees.com a nonexclusive, universal, transferable, irrevocable, sublicensable right to use, reproduce, publicly display, sell and distribute the Design in or on products in advertising, marketing, samples, and promotional materials for the purpose of promoting the BustedTees.com Platform and Products. Without limitation, this promotion, marketing, or advertising may consist of: display of Products bearing the Design; Product or content placement bearing the Design in magazines, television shows, movies, and other media; the sale of Products bearing the Design available on the BustedTees.com Platform through third party product feeds; and the sale of Products bearing the Design available on the BustedTees.com Platform to other retailers, wholesalers, and distributors or businesses. By uploading Designs to the Platform, you specifically acknowledge that You are permitting BustedTees.com to offer Products bearing the Design at a discounted price based upon any commercially reasonable basis (including, but not necessarily limited to, volume) and that such discounts may affect the amount of Your Payout.
4.4 You further grant BustedTees.com the right to make adjustments to the scale of a Design to ensure proper sizing on Products available through the BustedTees.com Platform. Although those uploading Designs to the Platform will on occasion ask BustedTees.com to modify the uploaded Design(s), BustedTees.com cannot and will not make modifications beyond adjustments for sizing as described herein under any circumstances. Any and all modifications to designs/a design, but for adjustments for sizing as described herein, must be made by the person originally uploading the subject Design(s).
4.5 You acknowledge and agree that the BustedTees.com Platform and any software provided to You or used in connection with the BustedTees.com Platform including, but not necessarily limited to, any APIs or other scripts containing proprietary and confidential information, is protected by applicable intellectual property and other laws.
4.6 BustedTees.com grants You a non-exclusive, revocable, and limited license to use the available content and BustedTees.com’s tools, images, and Product mockups for the purposes of promoting the BustedTees.com Platform on the condition that You provide appropriate attribution and a link to the BustedTees.com Platform. BustedTees.com reserves the right to terminate this license at any time.
4.7 The intellectual property rights in or relating to the content of any notes, messages, emails, postings, letters, ideas, suggestions, concepts, or other written materials which You submit or communicate to BustedTees.com (excluding the Design(s) submitted by You) will automatically be deemed to the assigned, granted, and transferred by You to BustedTees.com upon their submission or communication to BustedTees.com, and You do assign all rights therein to BustedTees.com and agree that the same will automatically become the property of BustedTees.com and that BustedTees.com 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 BustedTees.com may elect in perpetuity.
4.8 BustedTees.com grants You a revocable, non-exclusive, royalty-free license for the term of this Agreement, to access My Manager for the purposes of allowing You to market products for sale through a unique Seller Link to the BustedTees.com Platform, and to track Your qualifying sales.
4.9 BustedTees.com grants you a revocable, non-exclusive, royalty-free license for the term of this Agreement to use the images, trademarks, trade names, service marks, and logos of BustedTees.com, as provided in My Manager or via electronic mail without alteration, to be used solely for the purpose of marketing products for sale through a Link to the BustedTees.com Platform.
4.10 Except for the rights expressly granted herein, this Agreement does not transfer any intellectual property or technology of BustedTees.com to You, and all rights, titles, and interest in such intellectual property and technology, whether developed, licensed, or owned by BustedTees.com shall remain with BustedTees.com. You agree not to directly or indirectly reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets of BustedTees.com.
4.11 You acknowledge that BustedTees.com may, at any time, review the Design contemplated under this Agreement, and the content it contains for adherence to our guidelines, compliance with the terms and conditions set forth in this Agreement, and for compliance with intellectual property protections, and shall have the right, but not the obligation, in its sole discretion to remove any Design that is available on the BustedTees.com Platform.
4.12 BustedTees.com, in its sole discretion, reserves the right to reject or remove a Design or Designs that incorporates mature content, including but not necessarily limited to Designs that contain vulgar or crude language; contain lewd or lascivious depictions or descriptions of sex acts; contain depictions or descriptions of male or female genitalia; promote hatred, racism, homophobia, xenophobia, bullying, or scorn of individuals or groups; and/or promotes violence, self-harm, self-mutilation, or suicide.
5.1 Upon approval by BustedTees.com for acceptance into the Seller Marketing Program, You may post Links in accordance with this Agreement. If such Links are not dynamically updated through www.BustedTees.com.com, You are responsible for updating Your Links to the BustedTees.com Platform when notified to do so in order to earn Sale Commissions.
5.2 You may not use the following methods to place Links:
a. Newsgroups, unsolicited emails, ICQ, banner networks, counters, chatrooms, or guestbooks. Any Link placed must be done in such a way that it is not misleading to any potential Visitor and done with the intention of delivering valid sales.
b. GoogleAdWords, AdSense, or any other "pay-per-click" networks such as Yahoo! Or MSN to advertise directly to the BustedTees.com Platform. You may use pay-per-click networks to advertise Your Site, then link to BustedTees.com through your Seller Link, but the advertising verbiage may not include "BustedTees.com," "BustedTees.com Shirts," or any other word combination that resembles or implies the BustedTees.com company name, BustedTees.com trademarks, BustedTees.com service marks, or website URL.
c. Coupon, deals, or discount websites or lists, which imply that by the potential Visitor clicking on a link they will be getting a discount in some way, even if you remove all "coupon," "discount," or "deal" language from the listing you create.
d. Adware, Toolbars, or other "desktop" advertising software, including any and all third party advertising platforms that use a desktop application to display ads in any form.
e. Use of existing or future software products that block, alter, direct, redirect, substitute, insert, append itself to, or otherwise intercept or interfere in any manner with any click-through or other traffic-based transaction that originated from a BustedTees.com Seller with the result of reducing any compensation or other payment earned by or owing to BustedTees.com Sellers.
5.3 BustedTees.com shall monitor the use of Your unique Seller Link and collect data related to such use for purposes including without limitation tracking completed sales, calculating Commissions and Payouts, and improving the Seller Program.
6.1 Provided that You are an Active Artist, as defined in Section 2.2., BustedTees.com agrees to pay You a Royalty for each unit of Product sold bearing Your Design on the Site.
6.2 BustedTees.com reserves the right to retain Royalties for sales of any Products of inactive Artists or which involve a Design that violates this Agreement or constitutes a breach of Your warranties or representations.
6.3 If you are registered with BustedTees.com as both an Artist and a Merchant under the BustedTees.com Merchant Partners Program, BustedTees.com will not pay You a Royalty for the sale of any Products bearing Your Design that originate from Your Merchant site.
6.4 Royalties earned post to Your Account on a rolling basis and may fluctuate as credits and debits are applied. Such credits or debits may be the result of different circumstances including, but not necessarily limited to, the return of a Product; a duplicate entry/order or other clear error; a non-bona fide transaction where there is no Artist failure to comply with this Agreement; or, with respect to a sale, non-receipt of payment from, or refund of payment to, the customer, retailer, wholesaler, or merchant partner, (collectively known as a "Chargeback" or "Chargebacks," regardless of the reasoning). BustedTees.com may apply Chargebacks to Your account at any time BustedTees.com determines, in its sole discretion, that applying such Chargeback/Chargebacks is warranted.
6.5 Payouts are calculated on a rolling basis and may be requested once the Payout amount exceeds USD$50.00. No Payout can be requested, and no Payout will be made, until and unless You are an Active Artist and the Payout amount meets or exceeds the USD$50.00 threshold. If Your Payout meets or exceeds the USD$50.00 threshold, payment will issue according to the payment preference You choose for such payments as indicated on My Manager for Your account. There may be a delay in payout processing and BustedTees.com shall not be liable for any damages whatsoever for any such damages or injury based upon such delay, regardless of whether the reason for the delay is within or outside of BustedTees.com’s direct or indirect control. Payouts that may be issued, but that remain unrequested and age over 365 days, will be considered forfeited by the user and may be claimed by BustedTees.com in BustedTees.com's sole discretion.
6.6 Payouts may be delayed or withheld entirely if You fail to provide full and accurate payment information and tax documentation, where required.
6.7 You are responsible for accurately reporting all Royalties earned and Payouts received to the appropriate governmental entities, and shall be further responsible for any and all taxes and penalties to foreign, federal, state, municipal, etc., governments.
7.1 You shall select and maintain an Artist Name to be used for attribution on the BustedTees.com Platform.
7.2 An artist may create and edit a title, description, and keyword search terms for their Design in My Manager when uploading the necessary files and/or after the Design is live on the BustedTees.com platform. The product description and keywords must accurately reflect the content and representations of the Design and be logically connected to the Design.
7.3 You are prohibited from creating Product titles, descriptions, and keyword search terms that are false or misleading as to Product availability, cost, promotions, discounts, savings, or charitable partnerships and planned donations; that contain any words, images, or links that infringe on the rights of third parties, including without limitation intellectual property rights; that contain any warranty language, including express or implied warranties of merchantability and fitness for a particular purpose; that contain any guarantees as to delivery, availability, product origin, product brand, customer service, customer satisfaction; or that contain any such other promises that would establish an obligation between BustedTees.com and an end-user of the BustedTees.com Platform.
7.4 Product titles, descriptions, and keywords may be subject to review and revision by BustedTees.com without notice.
8.1 Provided that You are an Active Seller, as defined in Section 2.2., BustedTees.com agrees to pay You a Commission for completed sales through the BustedTees.com Platform by Visitors who are directed to the BustedTees.com Platform via your Seller Link. In order to place Links, You must first be approved as a Seller by BustedTees.com. You understand that the Commission may be changed at any time. You are responsible for determining if the Commission for a Link You have placed has changed or been discontinued.
8.2 Commissions earned post to Your account on a rolling basis and may fluctuate with credits and debits are applied. Such credits or debits may be the result of different circumstances including, but not necessarily limited to, the return of a Product; a duplicate entry/order or other clear error; a non-bona fide transaction where there is no Seller failure to comply with this Agreement; or, with respect to a sale, non-receipt of payment from, or refund of payment to, the customer, retailer, wholesaler, or merchant partner, (collectively known as a "Chargeback" or "Chargebacks," regardless of the reasoning). BustedTees.com may apply Chargebacks to Your account at any time BustedTees.com determines, in its sole discretion, that applying such Chargeback/Chargebacks is warranted.
8.3 Payouts are calculated on a rolling basis and may be requested once the Payout amount exceeds USD$50.00. No Payout can be requested, and no Payout will be made, until and unless You are an Active Seller and the Payout amount meets or exceeds the USD$50.00 threshold. If Your Payout meets or exceeds the USD$50.00 threshold, payment will issue according to the payment preference You choose for such payments as indicated on My Manager for Your account. There may be a delay in payout processing and BustedTees.com shall not be liable for any damages whatsoever for any such damages or injury based upon such delay, regardless of whether the reason for the delay is within or outside of BustedTees.com’s direct or indirect control. Payouts that may be issued, but that remain unrequested and age over 365 days, will be considered forfeited by the user and may be claimed by BustedTees.com in BustedTees.com's sole discretion.
8.4 You are only eligible to earn Commissions on completed sales occurring during the term of this Agreement. BustedTees.com reserves the right to withhold final payment for a reasonable time to insure against cancellations or returns.
8.5 Payouts may be delayed or withheld entirely if you fail to provide full and accurate payment information and tax documentation, where required.
8.6 You are responsible for accurately reporting all Commissions earned and Payouts received to the appropriate government entities, and shall be further responsible for any and all taxes and penalties to foreign, federal, state, municipal, etc., governments.
9.1 If you place Links on a website or section of a website that is covered by the Children’s Online Privacy Protection Act (COPPA), You must notify BustedTees.com in writing (either by First Class U.S. Mail or electronic mail) or those websites or sections of those websites, and You must not use interest-based advertising to target: (a) past or current activity by users known by You to be under the age of thirteen (13) years or (b) past or current activity on sites directed at users under the age of thirteen (13) years.
9.2 You must comply with the Federal Trade Commission guidelines, rules, and laws regarding commercial advertising, including advertising by placing Seller Links on websites and social media sites (e.g. Facebook, MySpace, Twitter, Tumblr, Instagram). You are required to disclose the commercial nature of your Seller Link posts or emails by a clear and conspicuous indicator (e.g. "Seller Link," or "Advertisement") included in the post or email. You may not engage in any false advertising, and your posts must not infringe upon the rights of third parties. If you are stating that a design is to be offered only for a limited period of time, You must use My Manager to actually limit the time a design is available in conformity with your statement.
10.1 You may not claim, in advertisements, Product descriptions, titles, or otherwise that any monies (proceeds, profits, or otherwise) from sales are going to be donated to, sent to, or directed to, charity UNLESS You follow the below notification procedure:
10.1.1 Notify BustedTees.com by sending an email to legal@BustedTees.com.com (with the words "CHARITY PROGRAM" in the subject line) containing the following information:
10.1.1.1 The name of the charitable organization; and
10.1.1.2 The website associated with the charitable organization; and
10.1.1.3 The address of the charitable organization; and
10.1.1.4 The name, title, phone number, address, and email address of the contact person for the charitable organization; and
10.1.1.5 The amount to be directed to the charitable organization (by dollar amount per sale, percentage of proceeds, or percentage of profits).
10.2 If You falsely claim that all or a portion of any sale (regardless of whether or not the portion is specifically identified or not) is being directed toward charity (whether a specific charity is identified or not), BustedTees.com may, in its sole discretion, terminate Your account. Furthermore, regardless of whether such termination occurs, any and all monies owing to You by BustedTees.com may, in the sole discretion of BustedTees.com, be redirected to a charity of BustedTees.com’s choosing if You make a false claim of charitable contribution. A claim may be considered false if the above notification procedure is not followed and/or if BustedTees.com, in its sole discretion, has any other reason to believe the claims of charitable contribution are not genuine.
11.1 You must comply with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the "CAN-SPAM Act"). The CAN-SPAM Act does not only apply to bulk email or targeted email marketing campaigns, but applies to "any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service," including email that promotes content on commercial websites.
11.2 All email messages containing an Seller Link must comply with the following requirements:
f. You may not sell or transfer a recipient’s email address once that recipient has requested to opt-out of future emails, except to transfer the address to a company you’ve hired specifically to help you comply with the CAN-SPAM Act.
11.3 Violations of the CAN_SPAM Act may be subject to penalties of up to $16,000.00 per individual occurrence (i.e. per email). Moreover, violations may result in the immediate termination of Your account and the withholding of Commissions generated as a result of each violation.
12.1 This Agreement shall be in effect from and after the moment You acknowledge that You have read and agree to the Terms and Conditions for an Artist and/or Seller Account and will remain so until terminated pursuant to the provisions of this Agreement.
12.2 An Artist or Seller may terminate their account upon giving five (5) business days’ notice in writing (either by mail or electronic mail) of the terminating party’s intent to terminate.
12.3 BustedTees.com reserves the right, in its sole an unfettered discretion, to suspend or terminate Your Account or any part thereof and/or to suspend or terminate Your access to My Manager immediately and without prior notice for any reason including, but not necessarily limited to, inactivity of Your account, violations of this Agreement or other terms and conditions of the BustedTees.com Platform, and/or for illegal activity of any kind.
12.4 BustedTees.com may, in its sole and unfettered discretion, decide to discontinue providing the BustedTees.com Platform, or any part thereof, with or without notice.
12.5 You acknowledge that BustedTees.com, in its sole discretion, may remove a Design from being offered for sale or display on the BustedTees.com Platform and/or may exclude a Design from advertising, marketing, or promotions for any reason and at any time.
12.6 All rights herein as to a Design shall terminate upon cancellation of this Agreement, provided however You must notify us in writing if You desire BustedTees.com to remove Designs Your uploaded to the platform. BustedTees.com may continue to allow its other Users to use a previously active Design unless and until You send us written notice to remove them. Furthermore, upon termination, You will not accrue any more Sales Commissions or Artist Royalties and Your access to My Manager will be suspended at that time.
12.7 You agree that BustedTees.com shall not be liable to You or any third-party for any termination or Your access to the BustedTees.com Platform. Should you object to any terms and conditions of this Agreement or become dissatisfied with the BustedTees.com Platform in any way, Your only recourse is to immediately discontinue use of the BustedTees.com Platform and/or terminate Your Account.
12.8 Any termination of this Agreement shall not affect the respective rights and obligations (including, unless otherwise stated herein, payment obligations) of the parties arising before the date of termination.
BustedTees.com reserves the right to change, modify, add, or remove portions of this Agreement at any time and for any reason and further may add to, change, suspend, or discontinue any aspect of the art submission process or the Seller Program (including the Parent Seller portions thereof) at any time and for any reason. Any changes to this Agreement shall be effective upon posting. Though it may provide notice of any changes made, BustedTees.com shall be under no affirmative obligation to notify You of any such changes, whether those changes are material or otherwise, and You are specifically accepting that it is Your obligation to periodically review this Agreement to determine if there have been any changes. By accessing your Seller or Artist Account after a change in the terms and conditions, you are specifically agreeing to be bound by the terms and conditions as modified unless You cancel Your Account within six (6) hours from the time You first access Your Account after said change(s) is/are posted.
BustedTees.com will provide support for My Manager, the art submission process, and the Seller Program as indicated on the BustedTees.com Platform and in accordance with the terms and conditions set forth in this Agreement.
BustedTees.com reserves the right to send email to You for the purposes of informing You of applicable changes or additions to Your ability to upload and sell Products, to the Seller Marketing Program, or regarding any BustedTees.com-related products and/or services.
16.1 YOU REPRESENT AND WARRANT THAN ANY DESIGN YOU UPLOAD IS AN ORIGINAL WORK CREATED AND WHOLLY OWNED BY YOU, OR THAT YOU ARE UPLOADING THE DESIGN ON BEHALF OF AND IN COOPERATION WITH THE OWNER OF THE DESIGN, OR THAT YOU HAVE ACQUIRED THE PROPER LICENSING RIGHTS TO USE A DESIGN FOR REPRODUCTION, DISPLAY, AND DISTRIBUTION FROM THE OWNER OF SAID DESIGN AND YOU ACKNOWLEDGE THAT NEITHER BUSTEDTEES.COM NOR ANY OTHER PARTY INVOLVED WITH THE PRODUCTION OF ANY PRODUCT INCORPORATING OR USING A DESIGN YOU UPLOAD ASSUMES THE RESPONSIBILITY FOR OBTAINING SUCH LICENSING, AND THAT BUSTEDTEES.COM’S PRODUCTION OF ANY PRODUCT DEPICTING A DESIGN YOU UPLOAD DOES NOT INDICATE THAT BUSTEDTEES.COM APPROVES OF THE DESIGN, THAT THE DESIGN CONFORMS WITH ANY APPLICABLE LAWS, OR THAT YOU ARE ABSOLVED OF ANY LIABILITY OR HARM ARISING FROM YOUR UPLOADING AND/OR USE OF THE DESIGN.
16.2 YOU REPRESENT AND WARRANT THAT THE DESIGN DOES NOT INFRINGE ON ANY RIGHTS OF THIRD PARTIES, INCLUDING COPYRIGHTS, TRADEMARKS, SERVICE MARKS, TRADE SECRETS, PATENTS, MORAL RIGHTS, RIGHTS OF PUBLICITY, OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND THAT THE DESIGN DOES NOT CONTAIN ANY SCANDALOUS, LIBELOUS, DEFAMATORY, OR OTHER UNLAWFUL CONTENT.
16.3 YOU REPRESENT AND WARRANT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS, OR OTHER RIGHTS IN A DESIGN OR ANY PARTS OF A DESIGN YOU UPLOAD TO THE BUSTEDTEES.COM PLATFORM.
16.4 YOU UNDERSTAND THAT BUSTEDTEES.COM WILL COOPERATE WITH INTELLECTUAL PROPERTY RIGHTS HOLDERS AND LAW ENFORCEMENT IN THE EVENT OF LEGAL PROCEEDINGS OR AN INVESTIGATION RELATED TO YOUR ACCOUNT AND/OR RELATED TO ANY DESIGN YOU UPLOAD TO THE BUSTEDTEES.COM PLATFORM. YOU FURTHER UNDERSTAND THAT BUSTEDTEES.COM WILL COMPLY A LAWFULLY ISSUED SUBPOENA TO PROVIDE USER INFORMATION AND SUCH OTHER INFORMATION INCLUDING SALES DATA AND YOU HEREBY RELEASE BUSTEDTEES.COM, ITS REPRESENTATIVES, ATTORNEYS, AGENTS, AND/OR ASSIGNS FROM ANY AND ALL LIABILITY FOR THE RELEASE OF SUCH INFORMATION. FURTHERMORE, BUSTEDTEES.COM MAY WITHHOLD ANY AND ALL PAYMENTS DUE TO THE PERSON UPLOADING THE INFRINGING DESIGN (REGARDLESS OF WHETHER THOSE FUNDS ARE RELATED TO THE SALE OF THE INFRINGING DESIGN OR OTHERWISE) AND YOU HEREBY RELEASE BUSTEDTEES.COM, ITS REPRESENTATIVES, ATTORNEYS, AGENTS, OR ASSIGNS FROM ANY AND ALL LIABILITY FOR PERMANENTLY WITHHOLDING.
16.5 YOU UNDERSTAND THAT BUSTEDTEES.COM HAS ADOPTED A "REPEAT INFRINGER" POLICY WHEREIN AN ACCOUNT WILL BE TERMINATED AND BANNED FROM USING, OR EVEN ACCESSING, THE BUSTEDTEES.COM PLATFORM. IF AN ACCOUNT IS TERMINATED PURSUANT TO THE REPEAT INFRINGER POLICY, ANY AND ALL MONIES DUE AND OWING TO THE ACCOUNT HOLDER AT THE TIME OF THE DESIGNATION MAY BE WITHHELD AND YOU HEREBY RELEASE BUSTEDTEES.COM, ITS REPRESENTATIVES, ATTORNEYS, AGENTS, OR ASSIGNS FROM ANY AND ALL LIABILITY FOR PERMANENTLY WITHHOLDING.
16.6 YOU HEREBY REPRESENT AND WARRANT TO BUSTEDTEES.COM 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 IS WITHIN YOUR LEGAL CAPACITY AND POWER, HAS BEEN DULY AUTHORIZED BY ALL REQUISITE ACTION ON USER’S PART, REQUIRES THE APPROVAL OR CONSENT OF NO OTHER PERSONS, AND NEITHER VIOLATES NOR CONSTITUTES A DEFAULT UNDER THE (a) PROVISION OF ANY LAW, RULE, REGULATION, ORDER, JUDGMETN, OR DECREE TO WHICH USER IS SUBJECT OR WHICH IS BINDING UPON YOU, OR (b) THE TERMS OF ANY OTHER AGREEMETNS, DOCUMENT, OR INSTRUMENT APPLICABLE TO USER OR BINDING UPON USER; AND THAT THE ACTIONS TO BE TAKEN BY YOU UNDER THIS AGREEMENT NEITHER INFRINGE NOR VIOLATE ANY PATENT, COPYRIGHT, TRADE SECRET, TRADEMARK, OR OTHER INTELLECTUAL OR PROPRIETARY RIGHT OF ANY THIRD PARTY.
BUSTEDTEES.COM OR ITS SUPPLIERS OR RESELLERS OR VENDERS SHALL NOT BE LIABILE TO YOU OR ANY OTHER PERSON OR ENTITY FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OR INABILITY TO USE THE BUSTEDTEES.COM PLATFORM OR ANY INFORMATION PROVIDED ON THE BUSTEDTEES.COM PLATFORM OR ANY OTHER HYPERLINKED WEBSITE INCLUDING, BUT NOT NECESSARILY LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF BUSTEDTEES.COM OR A BUSTEDTEES.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES ON THE BUSTEDTEES.COM PLATFORM OR ANY HYPERLINKED WEBSITE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN USCH JURISDICTIONS, BUSTEDTEES.COM’S LIABILITY IS LIMITED TO THE SMALLES AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
You agree that BustedTees.com has no responsibility or liability as a result of Your placement of Links from Your website or as to Your Design. You agree to indemnify, defend, and hold harmless BustedTees.com and BustedTees.com’s members, managers, employees, and agents from and against any and all liability, claims, losses, damages, injuries, or expenses (including reasonable attorney’s fees) relating to the placement of Links, a breach of Your obligations under this Agreement, claims arising in tort (such as libel, slander, or defamation), or because of the infringement of any third party intellectual property rights.
19.1. You may not assign this Agreement, in whole or in part, without BustedTees.com’s prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
19. 2. This Agreement shall be interpreted under the laws of the State of Michigan without regard to conflicts of laws provisions thereof. Any action arising under or in connection with this Agreement shall only be brought in a court of competent jurisdiction sitting in Otsego County, State of Michigan ("Permitted Courts") and You: (a) consent to the jurisdiction of the Permitted Courts in such actions and (b) agree not to plead or claim that such litigation brought in the Permitted Courts has been brought in an inconvenient forum.
19. 3. Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, intergalactic conflict, a Zombie Apocalypse, meteor strike resulting in the extinction of the human race, Armageddon, earthquakes, war (or similar), governmental action, labor conditions, acts of God or any other cause which is beyond the reasonable control of such party.
19.4. The relationship between You and BustedTees.com shall be that of independent contractors. Neither party will be considered an agent, employee, joint venture, or partner of the other.
19.5. If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be construed as being so limited.
19.6. The headings for each section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.
19.7. You agree to be bound by any electronic affirmation, assent, or agreements transmitted through the BustedTees.com Platform. You represent and warrant that You have the authority to agree to this Agreement. You agree that any decision or action to click on an "I agree," "I consent," or other similarly worded "button" or entry field using a mouse, keystroke, other computer device, or if You continue to use the BustedTees.com Platform after being informed that such continuance of usage shall constitute Your specific agreement, shall constitute a legally binding and enforceable affirmation, assent, or agreement that is the legal equivalent of Your handwritten signature.
19.8. You acknowledge that You have read this Agreement and agree to all the terms, conditions, and provisions herein. You have had the opportunity to seek advice of independent counsel prior to undertaking the obligations contained herein, You have independently evaluated the desirability of undertaking this Agreement, and You are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
19.9. This Agreement constitutes the entire agreement between You and BustedTees.com and supersedes any prior understanding or representation of any kind preceding the term of this Agreement. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Agreement.
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