Terms Of Service

 

Please read carefully before using the services offered by store-pm-a.byburgerprints.com

provides users with an automated Internet-based service to design and sell t-shirts and other custom products. By using and its services in any capacity, you have agreed to the terms and conditions of this Agreement and agree to use the site and service solely as provided in this Agreement.For additional clarification on these Terms of Service, please refer to ’s Frequently Asked Questions section.

USER AGREEMENT

By violating this User Agreement in any capacity, you are subject to an immediate removal of your campaign(s), possible forfeit of profit(s), and potential suspension or termination of your account.

store-pm-a.byburgerprints.com provides its website and related services to you (“Seller” or “you”) subject to this User Agreement (the “Agreement”), the Intellectual Property Complaint Policy, the Counter-Notice Policy, the Repeat Intellectual Property Complaint Policy, the Refund Policy, and the Privacy Policy (this Agreement and the foregoing policies collectively referred to as “Terms of Service”). All of the terms and obligations set forth in the foregoing policies are incorporated by reference.

Delivery Procedure

Any time quoted for delivery is an estimate only; provided, however, that shall use commercially reasonable efforts to deliver all merchandise on or before the stated delivery date. No delay in shipment or delivery of any merchandise relieves Seller of their obligations under this Agreement.

Print Variance

Product production is generated from the artwork uploaded by the seller. The estimated positioning of the art work is provided by the seller. Print size and exact location may vary based on the product size. Colors are best matched to the artwork provided. may substitute comparable products if stock becomes an issue. Exact print size, location, and colors are not guaranteed; and are completely dependent on the artwork uploaded by the seller.

Price and Payment

Seller shall determine the price of the merchandise sold for each campaign, shall retain from the customer payments, will determine the base price as the cost of goods sold (including any additional expenses and fees determines necessary to comply with the terms of this Agreement), and remit to Seller any amount in excess of such base price (“Seller Profits”).

BY CREATING A CAMPAIGN ON THE SITE:

You agree to accept and abide by ’s Terms of Service in their entirety.
With respect to any trademarks, service marks, or copyrights that you have licensed from the owner thereof (the “Licensed Rights”), you agree to comply with any restrictions or conditions imposed on the use of the Licensed Rights.

You agree that you are the owner, or licensee, of all rights associated with any created or uploaded artwork or text, including but not limited to, the trademarks and copyrights that may be associated with said material. If you are not the owner, you agree to provide with evidence of the permission given to you by the owner.

You agree that the description and title of the campaign do not, either in and of themselves or in addition to the text and images featured in the created merchandise, infringe upon the rights of any third party.

You understand and agree that reserves the right to remove any content that may be considered to promote hate, violence, racial intolerance, or the financial exploitation of a crime.

You understand and agree that may, in its sole discretion, release your contact information to a third party that satisfactorily alleges, pursuant to ’s Intellectual Property Complaint Policy below, unauthorized use of its intellectual property.
Upon receipt by of an allegation of infringement that comports with ’s Intellectual Property Complaint Policy, in ’s sole discretion, your campaign may be subject to immediate cancellation, possible forfeiture of any profits, and suspension or termination of your account with .

You agree not to provide untrue information in your campaign including, but not limited to: the amount of product for sale, the origin of production of the product, or the intended recipient of profits.

You agree not to solicit potential buyers through information posted in your campaign other than the purchase of the primary item(s). This includes raffles, chances to win, and other representations of additional opportunities beyond the sale of the primary item being sold.
You agree to defend, indemnify, and hold and its affiliates harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or relating to your use of ’s site and services, your violation of this Agreement, or your violation of any rights of another.

You agree that is not responsible for any consequential, indirect, or any special damages, including, but not limited to, lost profits, associated with any action taken by pursuant to this Agreement or your use of the service.

INTELLECTUAL PROPERTY COMPLAINT POLICY

provides users with a platform to sell their own merchandise. User contractually agree to all terms prior to use of services. contractually prohibit users from using its services to sell merchandise that infringes upon third party intellectual property rights (such as copyright, trademark, trade dress, and right of publicity).

It is policy to block and remove any content that it believes in good faith to infringe the intellectual property rights of third parties following receipt of a compliant notice; and to terminate service for repeated infringement.

If you believe that your intellectual property rights have been infringed upon by a user, please notify at [email protected]. You must include within your notification the following information:

  1. 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
  2. The URL to the campaign(s) used in connection with the sale of the allegedly infringing merchandise.
  3. Identification of the copyright, trademark, or other rights that allegedly have been infringed, including proof of ownership (such as copies of existing trademark or copyright registrations).
  4. Your full name, address, telephone number(s), and email address(es).
  5. 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.
  6. 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 intellectual property or other right that is allegedly infringed.

COUNTER-NOTICE POLICY

If you believe that a claim of intellectual property infringement was filed by mistake or misidentification you may file a counter-notice. If you materially misrepresent in your counter-notice that your design is not infringing upon the intellectual property, you may be liable for damages to the intellectual property owner (including costs and attorney’s fees). Therefore, if you are unsure whether or not the material infringes on the intellectual property, please contact an attorney before filing the counter-notice. The counter-notice should be submitted to [email protected] and must include the following information:

  1. Your physical or electronic signature;
  2. Your full name, address, telephone number(s), and email address(es);
  3. Identification of the material and its location before it was removed, either by URL to the campaign(s) used in connection with the sale of the allegedly infringing merchandise or campaign number;
  4. A statement under penalty of perjury that the claim of intellectual property infringement that led to the removal or blockage of access to material was filed by mistake or misidentification;
  5. Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.);
  6. Your consent to accept service of process from the party who submitted the takedown notice or an agent of that party.

If you submit a counter-notice, a copy of the counter-notice may be sent to the complaining party informing the complaining party that may replace the removed material or cease disabling it in 10 business days. Unless the intellectual property owner files an action seeking a court order against you, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice.

REPEAT INTELLECTUAL PROPERTY COMPLAINT POLICY

If receives repeated notices that you have posted others’ intellectual property without permission, may terminate your account. has a system for keeping track of repeat violators of intellectual property rights of others, and determining when to suspend or terminate your account.

reserves the right to terminate accounts that act against the spirit of the Terms of Service, regardless of how many strikes are involved.

WITHHOLDING AND TAX MATTERS

It is contemplated that the services and transactions described in this Agreement will not impose a withholding obligation upon under Section 1442 of the Internal Revenue Code, as amended (the “Code”). Notwithstanding the foregoing, in the event concludes that it has an obligation to withhold under Section 1442 of the Code (or other applicable law) with respect to Seller Profits, will withhold all applicable income tax from any payments or Seller Profits otherwise due to Seller.

 SERVICE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT OTHERWISE OWED TO SELLER AS SELLER PROFIT.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING A BUYER’S RIGHT TO RETURN MERCHANDISE AND OBTAIN A REFUND TO THE EXTENT DESCRIBED IN OUR RETURN POLICY, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY CAMPAIGN, MERCHANDISE OR SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability