WearPower Terms of Service (TOS)
Welcome to the WearPower web site. WearPower provides its website and related services ("Site") to you subject to the following Terms of Servce ("TOS") which contain the terms and conditions that govern your use of the Web Site and the WearPower Service (as defined below). This TOS describe your rights and responsibilities and what you can expect from the WearPower Service. Use of the WearPower Web Site constitutes acceptance of these TOS. If you have any questions about the Agreement, you may contact us at support@WearPower.
WearPower reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the WearPower Web Site. In the event of substantive changes to this TOS, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Web Site and the WearPower service. Your continued use of the WearPower Web Site following posting of a change notice or new TOS on the WearPower Web Site will constitute binding acceptance of the changes.
1. The WearPower Service
- WearPower provides a number of Internet-based services through the Web Site (all such services, collectively, the "WearPower Service"). One such service enables users to create customized t-shirts (collectively, "Products"). WearPower users may create and purchase individual Products for their own use or sell Products through their own page on the Web Site ("Shops"). Users who would like to sell Products through Shops must enter into the Shopkeeper Agreement. WearPower allows all users to browse the Web Site and purchase Products from the Stores. WearPower may offer a number of other services on its Web Site, such as message boards, contests, and newsletters, which may change from time to time.
2. Use of the Web Site and WearPower Service
- Eligibility. WearPower will only knowingly provide the WearPower Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the WearPower Service only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The WearPower Service is not intended for children under the age of 13.
- Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the WearPower Service and the Web Site.
- Your License to Use the Web Site and the WearPower Service.
- (a) WearPower solely and exclusively owns all intellectual property and other rights, title and interest in and to the WearPower Service and Web Site, except as expressly provided for in these TOS. For example and without limitation, WearPower owns the trademarks WearPower, the copyrights in and to the Web Site, and certain technology used in providing the WearPower Service. You will not acquire any right, title or interest therein under these TOS or otherwise.
- (b) WearPower grants you a limited revocable license to access and use the Web Site and the WearPower Service for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by WearPower; to compete with WearPower; create derivative works based on the content of the Web Site; or download or copy the Web Site (other than page caching). If you use the Web Site in a manner that exceeds the scope of this license or breach this TOS, WearPower may revoke the license granted to you.
- (c) This Section 2.3 does not pertain to your intellectual property rights. For information regarding your intellectual property rights, please see Section 4.3.
3. General Rules.
- Prohibited Use. You may only use the WearPower Service as expressly permitted by WearPower. You may not cause harm to the Web Site or the WearPower Service. Specifically, but not by way of limitation, you may not: (i) interfere with the WearPower Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the WearPower Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Web Site, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the WearPower Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain WearPower's name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the WearPower Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by these TOS.
- Ordering Policies. If you purchase Products, you agree to do so in accordance with WearPower's Ordering Policy and Bulk Order Policy.
4. Copyright of Print Designs, Liability Exemptions.
- You give WearPower the right of use of your created and transmitted designs. This includes the right to print the design on the product and to sell the products through the shops created by the you. WearPower does not have the right to sell your designs in its own shops, or in shops of third parties or other distribution channels without your permission.
- WearPower has the right to use your designs for advertising on the WearPower homepage. WearPower guarantees in this case that the design will be linked to the design-owners Store.
- By displaying the design, you assure WearPower that no rights of a third party are thereby violated. Any copyright violations are the your full responsibility. You must insure that any designs in no way infringe the rights of third parties.
- You alone are responsible for the specialized content of the Shop (special print designs, background images, slogans, etc.). You insure that all elements of your Store are free from third parties and do not violate patents, licenses, trademarks or other rights.
- You will exempt WearPower upon first request of all demands and requirements incurring from third-party rights violations. You must refund all arising costs of the defense and other damage to WearPower. WearPower can demand advance payments of an estimated amount of the defense costs.
- You are required to give WearPower immediate written notice of a claim of third-party rights violations connected with the contents of the shop are made.
- If third parties make claims against WearPower, WearPower has full right to change the content of your Store in part or in full.
- When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant WearPower permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that WearPower will have no obligation to keep any Submissions confidential. You will not bring a claim against WearPower based on "moral rights" or the likes arising from WearPower's use of a Submission.
5. Reservation of Rights.
- Monitoring. WearPower reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Web Site. If WearPower determines, in its sole and absolute discretion, that you or another WearPower user will breach a term or condition of these TOS or that such transaction or communication is inappropriate, WearPower may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
- Modification of the Service. WearPower may modify the WearPower Service at any time with or without notice to you, and will incur no liability for doing so.
6. Representations and Warranties.
- Mutual Representations and Warranties. You represent and warrant to WearPower and WearPower represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of your or its obligations under these TOS do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these TOS are a legal, valid and binding obligation of the party entering into these TOS, enforceable in accordance with their terms and conditions.
- By You. You represent and warrant to WearPower that, in your use of the WearPower Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to WearPower that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) WearPower will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that WearPower incurs in providing the WearPower Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
7. WearPower Payments to You
- In order to process commission payments, you must submit your social security number (SSN) or a business. In addition, commercial Partners must submit their Federal Tax ID.
- The product price for the end customer is comprised of the WearPower base price for the product and print, the commission added by the you.
- The value of your commission is modifiable and can be freely set for every product offered in your Store.
- WearPower reserves the right to make changes in the base price for WearPower products.
- The calculation and payment of commission credits will be paid every month. The minimum earning for payment is $25.00. Credits running over $100.00 can be paid to you at anytime, but not more often than once per month. You will be paid by check.
- You are therefore responsible for keeping current and accurate Social Security account information or Federal Tax ID information. A valid address allows WearPower to send money to you. A social security number is required for US citizens in order for the United States Internal Revenue Service to process taxing. If this information is not submitted, US law states that WearPower must withhold a percentage of Partner commissions for taxing purposes. WearPower uses social security information only for this purpose, and the transmission of this information and all information is protected by SSL.
8a. Disclaimers and Exclusions.
- DISCLAIMER OF WARRANTIES. WEARPOWER PROVIDES THE WEB SITE AND WEARPOWER SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WEARPOWER DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, WEARPOWER SERVICE OR ITS USE: (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. WEARPOWER MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
- EXCLUSION OF DAMAGES. WEARPOWER WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEARPOWER SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8b. Limitation of Liability.
- LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TOS EXCEED THE GREATER OF (I) THE AMOUNT PAID BY WEARPOWER TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (II) $100.
- You must indemnify and hold WearPower and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these TOS through any act or omission. If you have to indemnify WearPower under this Section, WearPower will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without WearPower's express written permission.
- Termination. WearPower may suspend or terminate your use of the Web Site or WearPower Service if it believes, in its sole and absolute discretion, that you have breached a term of these TOS.
- Survival. Notwithstanding Section 10.1 above, these TOS will survive indefinitely unless and until WearPower chooses to terminate them.
- Effect of Termination. If you or WearPower terminates your use of the Web Site or the WearPower Service, WearPower may delete any Content or other materials relating to your use of the WearPower Service on WearPower's servers or otherwise in its possession and WearPower will have no liability to you or any third party for doing so.