Terms of Conditions
MAKE T-SHIRT TOGETHER (“MTT” or “We”) authorises world artists to earn money from their artwork by making it immediately available for sale as a variety of products - without giving up control of their rights.
Artists must understand the importance of representing one's work with quality and respect, and we also believe it is essential that all MTT users respect the copyright and other intellectual property rights of others beforehand. Whether an artist, a customer, or even if you're just browsing, please respect the intellectual property rights of all the works you see or buy on MTT. Please be aware that when you publish your work on to MTT, it will be publicly available for the world to view, or buy as a product. It is your responsibility to violating anyone’s tights or breaking any laws by publishing or offering you work for sale through MTT. MTT provides services which enable you to publish, sell, comment on, promote, and purchase artwork and art-related products (collectively, "Products") through maketshirttogether.com (the "Site"); interact with other MTT users; and receive the benefits of MTT's Product production services, including payment processing, transaction handling, product manufacturing, packaging, order fulfilment and customer support.
CONTENT, COPYRIGHT & INTELLECTUAL PROPERTY POLICIES
You understand that all information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials submitted, posted, published, displayed, performed, or offered for sale through the MTT Services ("Content"), whether publicly posted or privately transmitted, is protected by copyright and other intellectual property rights.
You understand that you will be exposed to Content and may purchase Products from a variety of MTT users and that you rely on the Content and purchase Products at your own risk. MTT does not pre-screen Content or Products and is not responsible for examining or evaluating any Content or Products offered through the MTT Services, including without limitation, their accuracy, usefulness, or safety, or for determining whether the party offering the Content or Products for sale has obtained all required rights to do so. Without limitation of the foregoing, while we try to offer reliable data, we cannot promise that the Content on the Site will always be accurate and up-to-date. You further understand and acknowledge that you may be exposed to Content that is offensive, indecent or objectionable and that we may not be able to confirm the identity of other registered users or prevent them from acting under false pretences or in a manner that infringes the rights of any person. You hereby waive any legal or equitable rights or remedies you have or may have against MTT with respect to any activities, content, products, actions or inactions of any third party in connection with the MTT services, including without limitation, any illegal, defamatory, offensive, or unauthorised conduct by any of the MTT services’ users.
As between you and MTT, you own all and retain all rights in your Content. You hereby grant MTT and its affiliates a worldwide, royalty-free, nonexclusive, assignable license, with right of sublicense, to use, publicly display and publicly perform, publish, reproduce, modify, and distribute your Content in any format or medium now known or later developed for the purpose of promoting your Content, producing and promoting your Products, and providing the other MTT Services to you.
You, and not MTT, are entirely responsible for all your content that you make available and all products you offer for sale through the MTT services, including without limitation, that you own or have obtained all required intellectual property and other rights in your content, including without limitation, that you own or have obtained all required intellectual property and other rights in your content, including without limitation, the right to manufacture, distribute and sell products that include your content.
You represent and warrant that:
You own all intellectual property rights in your Content or that you have obtained all copyrights, trademark rights, rights of publicity and other rights required for you to make your Content available through the MTT Services, to manufacture, distribute and sell Products that include your Content and to grant MTT the rights granted to it in these Terms;
Your Content and the manufacture, distribution and sale of Products that include your Content does not and will not infringe the intellectual property rights or other rights of any person or entity, including without limitation any copyright, moral rights, trademark, patent, right of publicity or right of privacy;
Your Content does not contain material that is false, inaccurate, misleading, incomplete, defamatory or libellous obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy, in violation of anyone’s rights, including their privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
Your Content is accurate, is not misleading or deceptive and does not offer or disseminate fraudulent goods, products, services, schemes, or promotions.
MTT reserves the right to pre-screen your Content (but has no obligation to do so), to review and remove your Content from the Site, to suspend or cancel your account, and to cancel the MTT Services provided to you at any time in its sole discretion. MTT has a zero tolerance policy for intellectual property infringement. If you submit Content or offer Products for sale that MTT, in its sole discretion, believes may infringe another party’s intellectual property rights, MTT may immediately terminate your account, in addition to any other remedies it may have.
Procedure to Supply a Counter-Notice to the Designated Agent
If you, as the MTT user, believe that the Content or Product that was removed or to which access was disabled or for which orders were cancelled is not infringing, or if you believe you have obtained all required rights from their owners, the owners’ agent, or pursuant to the law, please contact us directly.
GRANT OF RIGHTS AND USER CONDUCT
So long as you comply with these Terms, MTT will grant you our intended use and limited services on the website on the basis of respect for others, and we take this very, very seriously.
While using the Services you agree to:
- provide and maintain and update your account information and to keep it true, accurate, current, and complete at all times;
- ensure that your access to the MTT Services is not illegal or prohibited by laws that apply to you;
- take your own precautions to ensure that the process that you employ for accessing the MTT Services and any Linked Website (defined below) does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
You agree that you shall not, and shall not instruct, permit, allow or induce any person, directly or indirectly:
- post Content or Products in an inappropriate category or areas of the MTT Services;
- fail to deliver payment, services or Product for collaborations posted by you unless a clear typographical error is made or you cannot authenticate the recipient's identity;
- interfere with another user's Content or Products;
- circumvent or manipulate our fee structure, the billing process, or fees owed to MTT;
- take any action that may undermine any ratings system that MTT may use;
- transfer your MTT account and user identification to another party without our prior written consent;
- distribute viruses or any other technologies that may harm MTT or the interests or property of MTT users;
- use, reproduce, copy, modify, adapt, create derivative works from, publish, print, transmit, distribute, perform, display, sell, license, rebrand, or otherwise transfer (i) any portion of the MTT Services or Content made available through the MTT Services other than your own Content, without the owner’s express written permission; or (ii) any MTT copyrights or trademarks;
- remove any copyright, trademark or other proprietary rights notices contained in or on the MTT Services or any Content other than your own Content;
- harvest or otherwise collect information about other users of the MTT Services, including email addresses, without their consent;
- frame, mirror, or otherwise simulate the appearance or function of the MTT Services or any other person’s Content or forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or other proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available through the MTT Services any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available through the MTT Services any material that contains adware, malware, spyware , 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; or
- "stalk" or harass or harm another person.
The Site is controlled and offered by MTT from its facilities in the Hong Kong Special Administrative Region People's Republic of China
and data related to the MTT Services is hosted in the Hong Kong. If you access or use the MTT Services from other jurisdictions, you do so at your own risk. MTT makes no representations that the MTT Services are appropriate or available for use in other locations. You are responsible for knowing and complying with the laws of your jurisdiction. If such laws conflict with your use of the MTT Services, you are not permitted to use them.
REGISTRATION AND ACCOUNT INFORMATION
In order to make available Content or Products through the MTT Services, whether for sale or not, you must create a MTT account. When creating a user account, you must provide accurate, complete and updated registration information. You may not select a user name that is vulgar, offensive, obscene or attempts to impersonate another person. You may never use another person's MTT account without permission from that user. You are solely responsible for all the activity that occurs through your account, including the activities of others and regardless of whether such activities are authorised, and for keeping your account password secure. You agree to notify MTT immediately of any breach of security or unauthorised use of your account. Although MTT will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of MTT or others due to such unauthorised use. We reserve the right to require you to alter your password if we believe your password is no longer secure. MTT reserves the right to refuse to provide you with an account or cancel your account in its sole discretion.
You acknowledge and agree that MTT may access, retain and disclose your account information and your Content if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to your requests for customer service; (iv) protect the rights, property or personal safety of MTT, its users or the public.
FEES AND SERVICES
When you sell a Product, or use one of the MTT Services for which we charge a fee, you will be charged the then-current applicable fee, which we may change in our sole discretion from time to time. We may also choose to temporarily change the fees for MTT Services for promotional events or new services. Changes to our fees are effective after we provide you with at least fourteen (14) days' notice using the process set forth in the Notice provisions below. For information about our current fee structure and payment terms, please refer to the information available on the Site and made available through your account page once your identity has been verified.
Unless otherwise stated, all fees are quoted in H.K. Dollars. You are responsible for paying all fees and applicable taxes, including any sales taxes, associated with your use of the MTT Services and sale of Products.
DISCLAIMER OF WARRANTIES AND LIABILITY
MTT services are provided “As Is”, “As Available”, and with all faults. We cannot guarantee continuous or secure access to or that the MTT services will be error free or that all transactions will be completed, the operation of the MTT services may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we disclaim all express and implied warranties, terms and conditions, including, but not limited to any implied warranties of merchantability, quality of information, quiet enjoyment, non infringement, title, or fitness for a particular purpose. You assume all risks associated with your use of the MTT services.
We are not and shall not be liable for direct, indirect, special, punitive, exemplary, consequential, or any other damages whatsoever, including, but not limited to, any loss of money or profits, goodwill, data, content or reputation, or any property damage or personal injury without regard to the form of action (including, but not limited to, contract, negligence, or other tortious actions) arising out of or in connection with your use of the MTT services, even if we have even advised of the possibility of those damages. You waive any and all claims, now know or later discovered, that you may have against us arising out of your use of the MTT services.
Regardless of the previous paragraph, the most current updated terms are to be comply.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. In such jurisdictions, the scope and duration of out warranties and the extent of our liability will be the minimum permitted under such applicable law.
You acknowledge that any agreement you make with another party through the MTT Services is strictly between you and such party and MTT is not a party to that agreement. If you have a dispute with another such party, you hereby release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, liabilities, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such dispute. You agree that MTT has no control over and does not guarantee the delivery of the advertised collaborations and that MTT shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.
If you use any of our trademarks in reference to our products or services, you must include a statement attributing that trademark to us and must comply with our guidelines regarding the use of our trademarks. You must not use any of our trademarks in or as the whole or part of your own trademarks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services.
The MTT Services may contain links to other websites that are not owned or controlled by us. Those links are provided only for reasons such as promotion, exposure, promotion, etc. and may not remain current or be maintained. We do not screen Linked Websites and are not responsible for the content, security, operation, or use of any Linked Websites or the products or services that may be offered or obtained through them. Further, We are not responsible for the content or privacy practices associated with Linked Websites and it is your responsibility to review those policies before accessing those sites. If you access a Linked Website, you do so at your own risk.
Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent we may explicitly stipulate to the contrary on the MTT Services. You expressly relieve us from any and all loss, damages or other liabilities you incur as a result of your use of any Linked Website.
ACCESS AND INTERFERENCE
Much of the information available through the MTT Services is updated on a real-time basis and is proprietary or is licensed to MTT by our users or third parties. All intellectual property rights in the MTT Services (including without limitation, the software and systems underlying the MTT Service, and all text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us and we reserve all rights in them. You agree that you will not use any robot or other automated means to access the MTT Services for any purpose.
TERMINATION OF ACCOUNT
MTT may suspend or terminate your access to all or any part of the MTT Services or your account at any time, with or without cause, with or without notice, effective immediately. Without limitation of the foregoing, MTT may terminate your access to the MTT Services if you are determined to be, in MTT's sole discretion, a repeat infringer of these Terms. MTT may, but shall not be obligated to, give you one warning if you have violated these Terms prior to terminating your account.
You may terminate these Terms at any time by terminating your use of the MTT Services.
On termination of these Terms for any reason, the rights and licenses granted to you hereunder will immediately terminate and the provisions of these Terms that by their nature and context are intended to survive termination shall survive, including, without limitation, the following provisions: Content, Copyright & Intellectual Property Policies, Account Information, Disclaimer of Warranties and Liability, Release, Linked Websites, Access and Interference, Privacy, Indemnity, No Agency, Ability to Accept Terms, Notices, Resolution of Disputes, and General. Society6 shall have no liability to you for any damages, loss of profits or other claims arising from the termination or suspension of your access to the MTT Services or your account.
Without limitation of the foregoing, MTT shall have the right to retain copies of your Content in its archives for its internal business purposes and legal purposes.
MODIFICATIONS TO THE MTT SERVICES AND TERMS
MTT reserves the right to monitor, modify or discontinue the MTT Services, and to block, modify, publicly comment on, or delete any Content submitted to the MTT Services by any party, at any time without notice in its sole discretion; provided however, that MTT has no obligation to update, store, maintain or correct any information or Content on the MTT Services.
(a) You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from and against any and all claims, demands, liabilities, damages, losses, fines, and expenses (including but not limited to, reasonable attorneys' fees and other professional fees and costs of investigation), arising from or in any way related to your Content or your use of the MTT Services, including without limitation, your sale of any Products; (b) your (or anyone using your account’s) breach of these Terms; or (c) your violation of any law or the rights of any third party, including without limitation, any intellectual property rights or privacy rights. You may not settle any claim in any manner that binds Society6 without our express prior written consent. MTT may withhold any amounts due to you pending the resolution of any claim subject to this indemnity and may apply such amounts to the resolution of such claim.
We may assign these Terms and our rights and obligations under them upon notice to you in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure or delay to exercise or enforce any right or provision of these Terms or any rights under applicable law shall not constitute a waiver of any of those provisions or rights.
Terms may appear and be repeated in details over and over again, and may have stress the importance of some terms. Please take it seriously and consider it for the stability of our website, and help create a better, long lasting and respectful industry.