PRINT ALL OVER ME IS A DBA of BYCO GROUP INC. ("BYCO"). BYCO PROVIDES THE PRINT ALL OVER ME WEBSITE AND RELATED SERVICES ("SITE") TO YOU SUBJECT TO THE FOLLOWING USER AGREEMENT ("USER AGREEMENT"). IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. BYCO CAN CHANGE THIS USER AGREEMENT AT ANY TIME BY POSTING AN UPDATED USER AGREEMENT ON THIS SITE. BYCO MAY, BUT IS NOT REQUIRED TO, SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGES. IF YOU HAVE ANY QUESTIONS ABOUT THE USER AGREEMENT, YOU MAY CONTACT US AT email@example.com.
To complete your registration, you will provide an email address and a password. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. It is important for you to protect against unauthorized access to your computer. Be sure to log off when you finish using a shared computer.
You agree to (a) immediately notify BYCO of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. BYCO cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
In using this Site, you agree to not:
Upload, download, post, email or otherwise transmit any image, depiction, design, drawing, photograph, text or other material ("Content") that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable;
Upload, download, post, email or otherwise transmit any Content that would infringe any rights of others ("Proprietary Rights") (unless you have obtained the necessary permission from all owners of such Proprietary Rights and can provide BYCO proof of such permissions). You may not:
Use any Content that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you cannot use any Content that has been created by any other person. You cannot use images, photos or depictions of corporate products, logos, or trademarks. You cannot use any images, text, or designs that you've copied from a website or any other source. You cannot create a "new" image using elements from images other people have created. You cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. ;
Use any Content that infringes any individual's right of publicity or celebrity. This means you cannot use images, photos or depictions of well-known people and celebrities, even if you created such depictions yourself (i.e. you cannot use your own drawing of a celebrity). You may not incorporate a current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person's name or likeness into your Content;
Use any Content that would be invasive of any individual's right of privacy. You cannot use photographs, names of other identifying materials of any person unless you have obtained written permission from such person to do so.
Upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, illegal activity, or that would otherwise create liability or violate any local, state, national, or international law;
Use the Site to harm minors in any way, including, but not limited to, uploading Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
Upload Content that may be seen as condoning or encouraging unsafe practices that would result in the physical, mental or moral harm to others;
Upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
Upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Upload, download, post, email or otherwise transmit false or misleading information;
By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites;
Access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
Disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites; frame the Site within another Site or webpage or link to the Site except as permitted in writing by BYCO;
Transfer your BYCO account to another party without BYCO written consent;
Copy, modify or distribute rights or Content from the Site, service or tools or BYCO copyrights and trademarks; or
Harvest or otherwise collect information about users, including email addresses, without their consent.
You acknowledge that BYCO does not pre-screen submitted Content, but that BYCO and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is available via the Site. Upon placing your order, you acknowledge that BYCO may review your order, and the Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this User Agreement. BYCO does not endorse any Content submitted to the Site by any user, or any opinion, recommendation, or advice expressed therein, and BYCO expressly disclaims any and all liability in connection with Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree that you are responsible for actions and communications undertaken under your account. BYCO takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to indemnify BYCO and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your Content or the violation of any of the provisions of this User Agreement.
When you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other submission (each "a Submission"). You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
BYCO's trademarks, trade dress and product images may not be used in connection with any product or service that does not belong to BYCO, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BYCO. All other trademarks not owned by BYCO that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BYCO.
BYCO respects the intellectual property rights of others. We ask our members to do the same. BYCO, in its exclusive discretion, may terminate the accounts of users it believes may be infringing the Proprietary Rights of others.
It is BYCO's policy to respond expeditiously to claims of infringement. BYCO will promptly process and investigate notices of alleged infringement and will take appropriate actions under other applicable laws.
Copyright: If you are a Rights Owner and believe in good faith that your copyrighted material has been posted on the Site in violation of any applicable rights or licenses, and you want this material removed, you must provide the Site with a written communication that details the information listed in this section (a "DMCA Notice"). Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. You may wish to contact an attorney for legal assistance on this matter prior to submitting a notification.
To file a DMCA Notice with us, you will need to send a written communication that includes substantially the following:
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b) a description of the copyrighted work(s) claimed to have been infringed;
c) an identification of the material that is claimed to be infringing, including a link to or description of where the claimed infringing Content is located on our Site so that BYCO is capable of finding and verifying its existence;
d) contact information, including identification of the copyright owner, your name, address, telephone number, and email address
e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyright interest involved.
Send the DMCA Notice and the materials above to our "Designated Agent" the following address:
BYCO 230 5th Ave Suite 1107
New York, NY 10001, USA
Other Proprietary Rights: If you are a Rights Owner and believe in good faith that your Proprietary Rights are being infringed by any material posted on the Site or submitted for printing on any Products or any material that otherwise violates this User Agreement, and you want such material removed or Products withdrawn, you must provide the Site with a written communication that details the same information as listed above for a DCMA Notice.
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 Site, by BYCO, its advertisers or other third parties, 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 Site without the authorization of BYCO or the content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute content available through the Site, in violation of applicable copyright and other intellectual property laws.
You retain all ownership rights to your Content (other than Submissions) uploaded by you to the Site. By submitting Content (other than Submissions) to BYCO, you grant BYCO a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your Content.
You acknowledge and agree that the Site and any software provided to you or used in connection with the Site, including, for example and without limitation, any API's or other scripts ("Software") is protected by applicable intellectual property.
YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT (OR HAVE ALL NECESSARY PERMISSIONS) THAT YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT. YOU HEREBY REPRESENT AND WARRANT TO US THAT THIS USER 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 USER AGREEMENT ARE WITHIN YOUR LEGAL CAPACITY AND POWER; HAVE BEEN DULY AUTHORIZED BY ALL REQUISITE ACTION ON YOUR PART; REQUIRE THE APPROVAL OR CONSENT OF NO OTHER PERSONS; AND NEITHER VIOLATE NOR CONSTITUTE A DEFAULT UNDER THE (I) PROVISION OF ANY LAW, RULE, REGULATION, ORDER, JUDGMENT OR DECREE TO WHICH YOU ARE SUBJECT OR WHICH IS BINDING UPON YOU, OR (II) THE TERMS OF ANY OTHER AGREEMENT, DOCUMENT OR INSTRUMENT APPLICABLE TO YOU OR BINDING UPON YOU.
You agree to defend, indemnify and hold BYCO and BYCO's officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the Site and any Products printed by BYCO with such Content, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the User Agreement or (e) your violation of any Proprietary Rights of a third party.
You agree that BYCO, in its sole discretion, may terminate this User Agreement including but not limited to termination of your password, account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. BYCO may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this User Agreement may be effected without prior notice, and acknowledge and agree that BYCO may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Further, you agree that BYCO shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions of the User Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account.
Any termination of this User Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
The Site may provide, or third parties may provide, links to other websites or resources. Because BYCO has no control of such sites and resources, you acknowledge and agree that BYCO is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources or the policies or such sites and resources. BYCO is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Prices for Products are described on the Site and are incorporated into this User Agreement by reference. All prices are in US dollars. Prices and Products may change at BYCO's discretion. BYCO may offer promotional discounts from time-to-time. You must agree to the terms of the promotion in order to be given the discount. You agree not to use more than one discount per item, unless such use is expressly permitted by BYCO. Title and risk of loss for all Products ordered by you shall pass to you on BYCO's shipment to the shipping carrier. Purchases are subject to BYCO's Shipping and Return Policy. BYCO reserves the right to cancel any order for any Product that for any reason, including orders that may violate the intellectual property rights of a third party and will notify the purchaser that the order has been canceled.
BYCO attempts to be as accurate as possible to provide a compelling user experience. There are many sellers on the Site and BYCO does not verify the accuracy of their product descriptions. BYCO does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a Product you purchase from BYCO is not as described, your sole remedy is to return.
You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the Site.
BYCO prides itself on its relationships with charitable organizations and is pleased that its platform has proven to be an effective fundraising tool for many organizations. From time-to-time, BYCO participates in specific programs designed to assist charitable organizations to raise funds for their causes. Whenever BYCO announces these fundraising efforts, you can be assured that BYCO will ensure that funds will be remitted to the charitable organization as disclosed in such announcements. From time-to-time, Sellers may state they intend to donate their royalties or other sums to charities. BYCO is unable to verify such statements, so please use caution when relying on them.
You must be at least 13 years of age to use this Site. Please contact us if you have any concerns or questions about this restriction.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations.
You agree that BYCO can translate, as accurately as reasonably possible, text and information that you provide into other languages for use on our foreign domains. We do not guarantee the accuracy of such translations.
The information and product listings on this Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of products (including after you have submitted your order) for any reason, including, without limitation, if the product violates any terms of this User Agreement.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our partners, we reserve the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and you have been charged for the sale. If you have already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or refund the amount in the manner in which the purchase was made by you. If we have overcharged for any product, we will issue a refund to you for the difference between what you were charged and the correct price of the relevant product.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, PROGRAMS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BYCO AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BYCO DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR (E) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,OR (G) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY. YOU AGREE THAT BYCO SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT BYCO DOES NOT CONTROL OR ENDORSE IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, BYCO AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. YOU ACKNOWLEDGE THAT BYCO MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BYCO OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE USER AGREEMENT. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL BYCO OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING BYCO OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BYCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT BYCO SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
These terms and conditions and your relationship with BYCO shall be governed by and construed in accordance with the laws of the state of New York, without resort to its conflict of law provisions. Any dispute relating in any way to your visit to the Site or to the Products you purchase through the Site shall be submitted to confidential binding arbitration in the City of New York for the maximum judgment enforceable, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of New York. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of New York. Arbitration under this Agreement shall be conducted pursuant to the existing Commercial Arbitration Rules at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim is initiated in court rather than in arbitration we each waive any right to a jury trial.
You and BYCO agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York.
We hope to make you a happy customer, and most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at +1 (212) 478-237-2003, or by e-mailing us at firstname.lastname@example.org. If, however, there is an issue that needs to be resolved, this User Agreement describes how both of us will proceed. Any claim or dispute between you and us (or any of our affiliates) arising out of or relating in any way to the products we sell or this User Agreement shall be resolved through final, binding arbitration. This obligation applies regardless of whether the claim or dispute involves a tort, fraud, breach of contract, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Included are all claims arising out of or relating to any aspect of our relationship; claims that may arise after the termination of this User Agreement; and claims related to direct marketing efforts, including but not limited to, complaints concerning unsolicited text messages, emails, and telemarketing calls.
We each agree that each of us may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations under this User Agreement shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this User Agreement specifically prohibits you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person.
A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the claim or dispute and setting forth the specific relief sought. All Notices to us shall be sent to the following address: 100 West. 14th St. Fl 3, New York, NY 10011. Upon receipt of such Notice, the other party shall have a thirty-day period in which it may satisfy the claim against it by fully curing the dispute and/or providing all the relief requested in the Notice. After the expiration of such thirty-day cure period, you or we may commence an arbitration proceeding. The arbitration of any claim or dispute under this User Agreement shall be conducted pursuant to the American Arbitration Association's ("AAA") United States Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its web site at www.adr.org. The arbitration of any claim or dispute under this User Agreement shall be conducted in the State of California or in the location in which you received this User Agreement or in your home state. For any non-frivolous claim that does not exceed \$25,000, we will pay all costs of the arbitration and will agree to conduct the arbitration through the AAA offices in your home state. For any claim under \$10,000, we further agree that any hearings may be held by telephone and that we will not seek attorney's fees in the event we prevail. You acknowledge and agree that each party shall pay the fees and costs of its own counsel, experts and witnesses in any arbitration proceeding.
If any provision of this User Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this User Agreement shall in no way be affected or impaired.
BYCO reserves the rights to enforce a 3 giftcard/discount maximum on any order and to cancel any order and revoke associated discounts and giftcards that it deems an abuse of the giftcard, discount system, or promotion.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
230 5th Ave. Suite 1107 New YorK NY 10001
This Addendum constitutes a Non-exclusive License Agreement ("License Agreement") between you and BYCO Group Inc. ("BYCO"). This License Agreement supplements and extends the Print All Over Me Terms of Service (the "TermsThe terms of this License Agreemetn shall control over any conflicting provision of the Terms.
This License Agreement applies if you create Products with the Site's design tools and/or post for sale a Design (defined below) to be displayed and/or offered for sale on the Site. "Design" means any and all artwork, photographs, sketches, drawings, text, stitch files, digital images or product specifications that you send to BYCO for placement on the Site or on physical or electronic Products made by or for BYCO. Users who upload Designs for Products are referred to as "Sellers". Users who refer purchasers to the Site are referred to as "Associates".
By uploading Designs to the Site or creating Designs with BYCO's design tools, you grant the following license to BYCO (the "License"): the nonexclusive, worldwide, transferable, sublicensable right to use, reproduce, publicly display, sell, and distribute the Design in or on Products and in advertising, marketing, samples, and promotional materials for the purpose of promoting the Site and Products. Without limitation, this promotion, marketing, or advertising may consist of: (i) display of your Products; (ii) promotional "streams" of audio Content on the Site, (iii) display of pages from book Products on the Site; (iv) Products or content placement in magazines, television shows, movies, and other media; (v) the sale of Products available on the Site through third party product feeds, whether at retail prices, discounted prices, promotional prices, or as otherwise determined by BYCO in its sole discretion; and (vi) the sale of Products available on the Site to other retailers, wholesalers, distributors or businesses at pricing as determined by BYCO in its sole discretion. You also grant us the license and the right to make modifications to your Design as necessary to prepare your Design for use in a particular Product category or for other manufacturing purposes, if you agree that your Design may be used in such category. If you select the "customizable" option, you also agree that BYCO and its customers may make changes to the Design for the purposes of creating and ordering Products.
You may remove your Design from the Site at any time, and you retain all copyright and other intellectual property rights in your Design. Upon the removal of a Design, the licenses above will terminate, except that BYCO will fulfill any orders placed prior to termination and BYCO may continue to use your Design in marketing and promotional materials if such materials were created prior to removal of the Design. You agree that any mobile deployment of the Site or app deployment in connection with BYCO Site may impact the license you have granted to us.
BYCO and its community work together to keep the Site and services working properly, in a secure manner and for the mutual benefit of the community.
At the time we post a Product for sale, you will be asked to provide information (title, description, tags, categories) about your Design so that visitors to the Site can search and find relevant Products. You will make best efforts to provide accurate, non-misleading information about your Designs and you agree not to submit unrelated information in connection with your Design for any purpose. If BYCO determines that information is misleading or inaccurate or that it violates the rights of a third party, BYCO may delete such information or your Design(s) entirely, in its sole discretion.
There are several key pieces of information about your item that BYCO uses to help shoppers find what they are looking for, including but not limited to: titles, tags, attributes and categories. It's very important to accurately label your items. By providing high-quality, accurate information, you help customers find your Products quickly and easily. Inaccurate information can create a frustrating and unproductive shopping experience for everyone in the marketplace.
BYCO asks that you do not engage in script writing or other unacceptable back door computing practices in an effort to post multiple products for sale.
By using the Site, you agree to use the Site and conduct your business in a manner that demonstrates common sense and respect for the rights of BYCO, other Sellers, Users and third parties and in accordance with applicable laws and regulations.
Please report problems, offensive content, and policy violations to us at email@example.com..
IF YOU DO NOT FOLLOW THE RULES SET FORTH IN THE TERMS AND IN THIS LICENSE AGREEMENT FOR UPLOADING CONTENT AND DESIGNS, BYCO MAY:
Delete the Product(s)
Suspend your Account.
Terminate your Account.
Withhold any Earnings for Products that contain inappropriate or inaccurate descriptive information.
Additionally, we reserve the right at any time to remove, limit, suspend, terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove Content and Products (including websites) from the Site and discontinue our relationship with any Sellers that we determine in our sole discretion are in violation of the above listed guidelines including but not limited to tags that infringe the intellectual property rights of third parties, unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable. Any account posting or hosting objectionable Content or recommending objectionable websites are subject to termination. Also, we reserve the right to remove content that we determine in our sole discretion is primarily intended to promote a third-party product or service.
BYCO may determine the price at which Products are sold on the Site and affiliated sites. In some cases, BYCO may allow you to set your DESIGN's retail price by setting your ROYALTY above BYCO's BASE WHOLESALE PRICE, which will be shown in BYCO's pricing calculator.
BYCO will pay you a royalty for all sales of public Products incorporating your Design ("Royalty"). BYCO's standard royalty rate is 20%, but in some cases you have the option of selecting a Royalty rate for each of your Designs as incorporated in each Product category.
BYCO will also pay you a Royalty at the Standard Royalty Rate for "Upcharges" received by BYCO based on orders for Products incorporating your Design, subject to deductions for returns, credits, and reversals.
Royalties are only paid on Products that incorporate your Designs. BYCO will not pay royalties on articles or items that are optional or which by themselves are not essential to the product but when they are added to products they make them more useful, versatile, or attractive ("Accessories") even when purchased at the same time as a Product that incorporates your Design. Accessories include but are not limited to shoe laces, hangers, framing and skateboards wheels and trucks.
BYCO will pay accrued earnings in accordance with the following section.
Payments for royalties and any other compensation owed to you (collectively hereinafter referred to as "Earnings") will be made quarterly:
BYCO will pay your Earnings in accordance with the selections you make on your "Account" and BYCO makes the following options available:
Have your Earnings held in your account until you choose to have your payment made; or
Hold your Earnings in your account to apply toward a purchase on the Site.
On your Account page in, you may also choose your method of payment (by Gift Card or PayPal). BYCO, in its discretion, may change the methods of payment that are available, and certain methods of payment may not be available for all balances.
Payments that are made using PayPal will be charged PayPal's standard processing fee if your Earnings are less than the Payment Threshold.
BYCO will withhold taxes from international payments that are due if sellers do not provide us with relevant documentation such as the W8-BEN form.
In the event that a check sent to the address listed as the payee address in your account is returned as undeliverable, BYCO may withhold further payments until you have corrected or updated your address.
BYCO will not pay you a Royalty for sales of any Products which incorporate a Design that violates this License Agreement or the BYCO User Agreement. For example, if BYCO discovers that one of your Designs infringes someone else's copyright or that you do not have the right to use the Design, BYCO reserves the right to reverse all Royalties for such Designs, whether due or already paid.
We may make your designs available to some of our partners in connection with certain special programs and arrangements. In such cases, the Name your Royalty feature will not apply. Your participation is voluntary and the terms of the specific program will be announced at the launch of such program and such terms will control the program if you choose to participate.
You will be given the opportunity to participate in our volume and bulk discount programs. If you choose to do so, different rules which will be launched at the time the volume/bulk discount program is launched will be published and those rules will apply to the program if you choose to participate.
BYCO may market, promote, and sell Products on the Site, on other websites, and/or through distributors and wholesale or retail channels. BYCO may run promotions (including volume discounts and special sales discounts). BYCO is responsible for the cost of promoting the offer and producing and fulfilling the orders, and you acknowledge that your Royalty will be based on the amount of revenue BYCO actually receives for the sale of Products.
You represent that:
You are the owner of the Design (or have obtained all necessary permission from all owners of Proprietary Rights in and to the Design and can provide BYCO proof of such permissions); and
You have the legal right to grant the License and to enter into this License Agreement; and
To your knowledge, no one else claims ownership of, or exclusive rights to, the Design Design (unless you have obtained all necessary permission from all owners of Proprietary Rights in and to the Design and can provide BYCO proof of such permissions); and
The Design does not infringe the privacy, celebrity, moral or other rights of any third party; and
The Design does not contain any defamatory, obscene or discriminatory content or any illegal material; and
BYCO may legally make and sell Products incorporating the Design without infringing the rights of any third party and without being obligated to make any payments to, or obtain any permission from, any third party.
If you have a dispute with one or more users or Sellers, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.