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.
By creating a campaign on the POPRAGEOUS site:
- You agree to accept and abide by POPRAGEOUS’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 POPRAGEOUS 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 POPRAGEOUS may, in its sole discretion, release your contact information to a third party that satisfactorily alleges—pursuant to POPRAGEOUS’s Complaint policy, below—unauthorized use of its intellectual property.
- -Upon receipt by POPRAGEOUS of an allegation of infringement that comports with POPRAGEOUS’s Complaint Policy, in POPRAGEOUS’s sole discretion, your campaign may be subject to immediate cancellation, possible forfeiture of any profits, and suspension or termination of your account with POPRAGEOUS.
- 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 POPRAGEOUS and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use of POPRAGEOUS’s site and services, your violation of this agreement, or your violation of any rights of another.
- You agree that POPRAGEOUS is not responsible for any consequential, indirect or any special damages, including, but not limited to, lost profits, associated with any action taken by POPRAGEOUS pursuant to this Agreement or your use of the POPRAGEOUS service.
- You agree not to create a campaign relating to the death of one or more individuals for the sake of personal profit.
- You agree that any campaign you create that either implicitly or explicitly relates to a charity or fundraising effort is authorized by such charity or fundraising effort and clearly and accurately states the percentage of proceeds (as defined by user’s profit from product exclusing any direct or indirect costs associated with the promotion of the shirt) that will be donated and to whom it will be donated.
- You agree to allow POPRAGEOUS, at its sole discretion, to donate up to 100% of the profits derived from your campaign in the event it is in receipt of a bona fide complaint from a charity, fundraiser or an aggrieved family and/or the campaign is deceptive, misleading or likely to cause confusion or mistake.
- In the case that your campaign is profitable, has sold more than five items, but not yet reached its sales goal by its end date, you agree to let POPRAGEOUS lower the sales goal to the amount of product sold, and continue with the fulfillment and distribution of orders.
Intellectual Property Complaint Policy
POPRAGEOUS prohibits users from using the service to sell merchandise that infringes upon third party intellectual property rights (such as copyright, trademark, trade dress and right of publicity).
POPRAGEOUS will consider complaints of possible infringement only from parties that own, or have the exclusive right to exploit, said intellectual property. POPRAGEOUS is not in a position to adjudicate disputes. If you believe a campaign contains content that is not authorized, upon receipt of the information enumerated below, we will provide our customer with your correspondence and contact information and direct the customer to contact you within seven (7) days to resolve this dispute. If the customer does not contact you, or if the issue is not resolved to your satisfaction, please let us know. In cases of an alleged infringement, in our sole discretion, we may take down the campaign and refund all buyers, provided that the conditions, below, are satisfied.
If you believe that your intellectual property rights have been infringed upon by a POPRAGEOUS user, please notify POPRAGEOUS at info@POPRAGEOUS.com.
You must include with your notification the following information, in PDF format:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that you allege is being infringed;
- The URL to the POPRAGEOUS campaign(s) used in connection with the sale of the allegedly infringing merchandise;
- Identification of the copyright, trademark or other rights that allegedly have been infringed, including proof of ownership (such as copies of subsisting trademark or copyright registrations);
- Your full name, address, telephone number(s) and email address(es);
- A statement that you have a good-faith belief that use of the material in the URL submitted is unauthorized by the rights owner, or its licensee, and such use amounts to infringement under federal or state law; and
- A statement, under penalty of perjury, that the information in the notification is complete and accurate and that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.
We Respect the Prior, Legitimate Rights of the First to Publish a Campaign
Sometimes, later campaigns copy earlier campaigns that contain original artwork. Our policy is that every original image or design uploaded onto POPRAGEOUS is protected against exact duplication, or use in a confusingly similar (trademark) or substantially similar (copyright) manner.
POPRAGEOUS will accept complaints and notification of possible infringement from customers that claim ownership of said original content from an earlier campaign.
Once notified, POPRAGEOUS, in its discretion, may remedy any alleged infringement by removing unauthorized content. Alternately, POPRAGEOUS may notify the allegedly infringing party and provide a warning; instances of further infractions can lead to possible suspension or termination of their accounts.
POPRAGEOUS.com works hard to ensure that all our campaigns are printed to high-quality materials & shipped on time and accurately. POPRAGEOUS.com accepts returns and will issue a full refund within 30 days of the end of the campaign if customers are disappointed with their order for any of the following reasons: The product itself is flawed; The quality of the printing is poor; Or if the final product is materially different than the design presented in the campaign. If you are in any way unsatisfied with your purchase, please email email@example.com.
These Services are operated and provided by POPRAGEOUS INC.,915 Mateo St. #302, Los Angeles, CA 90021. If you have any questions about these Terms, please email firstname.lastname@example.org