CUSTOMON is a website created with the purpose of spreading creativity and individuality. CUSTOMON is the new meeting site for designers, artists and Users with unique concepts created and have them printed on products available on CUSTOMON.
It is significantly important for all type of Users of CUSTOMON including customers, browsers and shop owners to respect the ownership rights of the created designs and contents, as well as copyright and trademarks. Only the designs created by the individuals themselves can upload and authorize permission to others to use them. All clients including a buyer, designer/shop owner and browsers, are considered a "User" under this User Agreement.
Designers/Shop Owners need to be aware of the legal responsibilities while publishing their work and ensure no laws are being violated in the process of sharing their product on CUSTOMON.
The terms of the Shop Owner’s License Agreement are combined with User Agreement when a User chooses to sell a product bearing their designs on CUSTOMON.
For the purposes of this User Agreement, "Content, Design, Work" includes, but is not limited to, any media, materials, designs, text, data, photos, graphics, images, stitch files, or any of these elements in combination.
It is important that Users of CUSTOMON read the agreement and understand that by using our website the agreement is accepted. If the terms are not suitable, do not use our website.
USER AGREEMENT/TERMS OF SERVICE
The User Agreement may be modified, rephrased and changed through different time periods, along with sets for the legally binding terms and conditions for the Users of the Site and all services and products offered by CUSTOMON. If you do not agree with any of the terms of the User Agreement, do not access or use our Site in any type of way.By using CUSTOMON, you are confirmed to accept all the terms and conditions set forth in the User Agreement and may be modified, updated by CUSTOMON anytime with or without notification to its Users. Remained and continued use of the site or CUSTOMON services by the User shall authorize the User’s consent to any changes made to the User Agreement. Your continuing use of the website will validate the acceptance of the new terms. If you have any questions about the User Agreement you may contact us [email protected]
Becoming a User/Buyer/Seller on CUSTOMON
You would need to set up a password secured account in order to become a registered member. In the process you would need to create a username and a password. In order to upload any content or addressing any comments on CUSTOMON, users must become a member. CUSTOMON have the right to decline any user name that is determined to be improper and/or decline any individual from becoming a member.
Material distributed in the public section of the user’s profile may be shared, viewed or affiliated within the website or in the policy of delivering the CUSTOMON service.
You are held accountable for the encounters performed on the website using your password. This includes but not limited to purchased or sold any products and content or messages posted/sent even if these activities were not authorized and intended by you. You are completely liable for any damage caused by any use of your password by you, or any other person.
You acknowledge that you will not reveal your password to anyone else and prevent it from being copied or used by anyone other than you. In such a circumstance where some one else might know your password, you must change it immediately.
All Shop Owners/Sellers are required to provide complete and accurate mailing address along with their legal information. Lack of these details and legal information will prevent their contents being viewed publicly and sold on our website. False and deceitful information in required “legal information” will result in instant termination of the shop and restraining of possible existing commission.
Payment to Shop Owner/Seller of CUSTOMON
Shop Owner will receive commission from every product that gets sold from their shop where they choose the commission for their product, except the returns. Product price includes the CUSTOMON base price, design fees and Sellers commission. CUSTOMON withhold the right to alter and change the base price of their products at any time. Shop owner’s commission payment will be made monthly (1st-5th days of each month). The minimum amount of commission is $25.00. It is the Shop Owner’s responsibility for providing CUSTOMON with current, accurate, valid payment details. The Shop Owner will be held accountable for providing incorrect payment details. The Shop Owner is also responsible for providing CUSTOMON with Federal tax identification number if payment of commissions is made. If no tax number is provided then payment of commissions is made with a withholding of 28% according to the IRS code.
It is the responsibility of users including shop owners’ to deal with their taxes regarding each transaction and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under this Services Agreement. All tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility.
Standard Terms for Purchasing/Returning a Product on CUSTOMON
The proposals offered on CUSTOMON and in partner shops on the website serve a non-binding request for the customer to purchase an order with CUSTOMON.
By completing an order application and sending the request to purchase a “product” on the CUSTOMON website, the buyer makes a binding offer for a contract of sale of the content product offered on the website. The buyer then will receive an e-mail with the order confirmation. This e-mail validates and shall only inform the buyer that their order was received by CUSTOMON and does not suggest an approval of the offer. The contract is only accepted and becomes active when CUSTOMON ships the ordered product to the buyer and confirms the shipment of the product to the buyer in a second e-mail.
The contract becomes terminated with full delivery to the address provided by the buyer to CUSTOMON. CUSTOMON will attempt to replace the product with an identical substitute transaction if any disruption of shipment of the product occurs. If CUSTOMON fails to comprise the unavailable product in a business timeframe, the buyer shall be informed immediately about the non-availability of the product and the service. If the buyer has already made a payment, the payment shall be refunded.
CUSTOMON maintains the right to deny any given orders for any reason with notice to the customer. CUSTOMON also may cancel an order if it is believed to violate this agreement or in infringement of the right of any person or any law. Purchased product order may be canceled even of it has been confirmed and the customer has made payment. We retain this right until the time customer receives the product ordered. If such a cancellation occurs after the customer has made a payment for the product, the charged amount will be refunded back to customer’s account.
Buyers/Users can purchase products on the CUSTOMON website using a valid credit card or the PayPal system and do not have to be a member to purchase a product. The price of the purchased product is fixed at the time of the ordering. The cost of the product will be charged at the time your order is placed.
CUSTOMON have to right to rely on trustworthy third party services for handling of the payment. In a delinquency of payment from the customer, CUSTOMON has the right o transfer the claims to a debt collection agency along with personal information needed for the handling of payments to third parties.
It is the buyers/users/customers obligation to provide the correct delivery shipment address. CUSTOMON take no accountability for any product the customer does not obtain due to incorrect address provided for shipment to CUSTOMON.
You may not cancel an order once it has been submitted unless informed otherwise. Once a printing of a product begins, cancellation cannot be performed. Orders enter the printing process as early as same day or next business day after the order has been placed on the website.
Cancellation on orders before printing begun can be done with to a fifteen percent (15%) cancellation fee of the order total. Fifteen percent cancellation fee includes costs associated with preparing for an order, including artwork processing, prepress processing, and material preparation costs. Orders are processed as early as minutes after they are placed on CUSTOMON.
There are no refunds or exchanges after an order has been printed and/or shipped under any circumstances. Once the customer receives the purchased product from our website and the product received is not the right ordered merchandise or physically damaged due to an error on our part or the sellers, CUSTOMON will contact the seller to address the issue for the replacement of the product after receiving reasonable proof of the issue from the buyer. If you receive a damaged product, then you must contact CUSTOMON customer service within 14 days of receipt with the nature of the damage and to arrange for a new product to be sent to you at no cost to you.
Buyers/ Customers must be aware that published products by the sellers are regulated and controlled by the seller and CUSTOMON do not screen all the content on the website. Therefore it is the customers’ duty to validate the quality of the content including but not limited to grammar errors, misspelled words or overall presence of the product before making the purchase. Exchange policy does not apply to content but only to the physical product.
You understands that even though we have legitimate cautions with the products on our website, the content might be posted at an incorrect price or information or may be nonexistent. You understand and acknowledge that we cannot progress an order where such an error exists and hereby inform us to cancel such an order where we can take other actions as required.
Ordered product will be delivered to the address instructed by the customer by the postal/shipment service provider chosen by CUSTOMON and will be paid by the customer during the time of purchase. The shipping charges will fluctuate according to the size, weight, price and the delivery location of the ordered product. The ordered product will be shipped between few days to three weeks at the latest. Depending on the location of the delivery, arrival time of the ordered product may vary. Delivery is available in United States and other countries of the world.
Also, you authorize CUSTOMON to discard and dispose any product that becomes excess due to refunds, reprints, fraud, product sampling or promotional activities, in any way.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event and under no legal theory shall CUSTOMON or any other service, or person that has been involved in the creation, production, or delivery of any services of CUSTOMON and its offerings be liable to you or any other person for any general, direct, indirect, special, incidental, consequential, exemplary, punitive, cover or other damages of any character arising out of the licensing agreement or the use of or inability to use the service, including but not limited to, personal, injury, loss of data, loss of profits, loss of assignment, data or output from the service being rendered inaccurate, failure of the CUSTOMON service to operate with any other programs, server down time, damage for loss of goodwill, business interruption, computer failure or malfunction, or any and all other damages or losses of whatever nature, even if CUSTOMON has been informed of the possibility of such damages. This also includes any loss or damages that may be provoked by you due to services changes made on CUSTOMON, irreversible or temporary discontinuance of the service, corruption or deletion or failure to save any user content through the service, or not keeping account information details and password safe and secure.
The limitations and exclusions of liability above shall be effective regardless of the theory of liability, including contract including fundamental breach, warranty, product liability, strict liability, violation including negligence or other theory, even if CUSTOMON have been informed of the possibility of such damages.
All Users are liable towards CUSTOMON for all damages suffered by CUSTOMON for the use of the design which was licensed by the Design Owner according to these general terms and conditions, in particular the publication and reproduction, when this violates the rights of third parties and/or infringes on other legal regulations.
Privacy of our Users is significantly important to us. CUSTOMON uses personal information of the customer for appropriate and necessary purposes and corresponding to legal regulations. The personal information given such as name, email, mailing address, back account details, are used for ordering products by CUSTOMON for completion and management of the agreement contract. This personal information handled confidential by CUSTOMON and is not shared with any third parties who are not included in ordering, delivery and payment process. Users are entitles to change their personal information.
Even though we aim to protect and secure customers’ information, we do not guarantee data used over the Internet to be completely secure and protection of any information transmitted to us. The risk of any information transmitted to us is at users’ own risk.
DMCA/ Intellectual Property Rights Policy
CUSTOMON legally forbid all users from using including designing or selling any product that infringes the intellectual property rights of third parties including without limitation copyright, trademark, and related rights on our website. It is our policy to block access and remove any content posted on the website that might consider to infringe the intellectual property rights of third parties following receipt of a compliant notice and remove and discontinue service to continues infringers. If you believe that any content residing on or accessible through the CUSTOMON Service provokes copyright infringement, or intellectual property rights have been otherwise violated, please send a notice of infringement to us with the including information;
Identification of the copyrighted work or other intellectual property that you claim has been infringed on or through CUSTOMON website, including the registration number(s) for any such material if applicable Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Identification of the Content that is being claimed to be infringing the identified copyrighted work or other intellectual property with detail description on how the product is using the copyrighted work in a way that constitutes infringement;
You contact information to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Failure to comply with all of the requirements of this section may result in the invalidation of your DMCA notice.
GRANTING OF USAGE RIGHTS
CUSTOMON does not claim ownership to any Content, Design, Work submitted by a User. CUSTOMON is not entitled to distribute owners’ designs to either in its own shops, in shops of third parties or via other channels of distribution if the shop owner has not expressly agreed to this.
If the User uploads, downloads, posts, emails or otherwise transmits any Content to CUSTOMON as a design for products available on this site or otherwise, the sufficient rights are granted to CUSTOMON to use any such Content so that CUSTOMON is not violating any rights the User may have in such Content.
This right to use includes, but is not limited to, printing, publishing, reproducing and/or labeling CUSTOMON products with the print design of the Shop Owner and print, publish, reproduce, offer and/or distribute such labeled products for the purposes of fulfilling the contracted services for a Shop.
The User grants CUSTOMON the right to use their Designs internationally, incessant, permanently, royalty-free, non-exclusive license to CUSTOMON for use of the Content, subject to User’s right to receive commissions as described in the Shop Owner Agreement.
The User agrees that CUSTOMON may translate, store, format or otherwise manipulate or display the Content on the Site in any manner whatsoever. You acknowledge that by posting Content to the Site it may be possible for another website or other third-party to re-post or otherwise access such Content. You agree to hold CUSTOMON harmless for any liability that may emerge from such incident.
CUSTOMON is allowed to use the Shop Owner’s Content for advertising purposes on CUSTOMON’ website or for other types of advertisement for CUSTOMON.
The granting of usage rights to CUSTOMON takes place non-exclusively and for an unlimited period of time up to the canceling of the agreement by either party. Any order of products in the process of manufacturing or in shipping before cancellation will continue to be processed.
Upload and Display of Content
CUSTOMON’ Service allows you to upload, broadcast, publish, and disseminate text, designs, photographs, and any other content on our website. You also agree that the content to be shared through third-party web services such as Facebook, Twitter, Instagram, Tumblr, Pinterest, and in any other social network and by any means currently existing or yet to be devised.
You represent and warrant that, with respect to all Content that you upload, transmit, publish, and disseminate through the CUSTOMON website the following;
You maintain ownership of any copyright (and any other rights) you already hold in your Content. When you upload or provide your own original Content to CUSTOMON, you represent and warrant that you have all the rights and licenses necessary to use, reproduce, publish, display and perform publicly, distribute or otherwise exploit such Content in connection with CUSTOMON, and to grant to CUSTOMON the licenses set forth in this Agreement.
If you are not the owner, that you have permission to use the content, and that you have all of the rights required to display, reproduce, sell and the consent, release, and/or permission of each identifiable person represented in your Content to upload, transmit, publish, and/or disseminate their name on CUSTOMON.
You agree that the content you upload will not breach the intellectual property rights or other rights of any person or entity, or otherwise violate copyright, moral rights, trademark, patent or rights of privacy or publicity and any other right of any third party.
All the activity performed on CUSTOMON must satisfy and obey all applicable law, rules and regulations.
The content uploaded on CUSTOMON does not malign and slander any individual, community, race, and religion. The content is not profane, salacious, pornographic, harassing, intrusive of privacy and publicity rights, provocative, insulting or offensive to current standard of decency or morality.
The content does not contain any malicious code, including but not limited to viruses, spyware, malware, trojans, backdoors, worms, spyware, adware, bloatware, time bombs, cancelbots, or any code in any part of a software system or script that is intended to cause undesired effects, security breaches or damage to a system or confiscate any system, program, data, or personal information.
The content uploaded is not deceitful and inaccurate and does not propose or advertise false goods, schemes, assistance and promotions.
CUSTOMON retains the right to analyze and its sole discretion and as it deemed essential to remove any content from the website and/or cancel your account, because that content infringes your agreement with us and/or any applicable laws, or otherwise. You agree to compensate CUSTOMON in reference of any direct or indirect harm caused due to your infringement of one or more of these warranties.
Addressing and Reporting Inappropriate Content
The contents published on CUSTOMON website do not get examined and scanned before it gets displayed on the website. Therefore there might be some content that is inappropriate and neglects the agreement for our website.
Even though CUSTOMON does not regularly review and analyze the posted content on the website, CUSTOMON have the right, but not obligated, to remove or edit such content.
Customers can inform CUSTOMON immediately regarding any inappropriate, or potentially inappropriate content posted on the website. If you are convinced that copyright or other intellectual property rights are being infringed, you can make a formal complaint to us.
Rules and Warnings to All Users
All users must confirm and assure that using CUSTOMON website and our services are not illegal or prohibited by laws that apply to all users.
All users of CUSTOMON must be at least 18 years of age or older or have permission and consent from their parent or guardian to have access to our website. With reference to Federal Children's Online Privacy Protection Act of 1998 (COPPA), CUSTOMON will never intentionally solicit, nor will accept, personally identifiable information from members known to be under thirteen (13) years of age.
It is the users’ responsibility to protect themselves during the process of accessing CUSTOMON website.
To avoid any type of risk from CUSTOMON’ website and the services provided, including viruses, malicious computer code or other forms of interference that might damage their computer system, user must take their own precautions. It is not our responsibility for any obstruction or harm to any computer system that occurs in connection with your use of this website or any linked website.
We are not accountable for any losses caused directly or indirectly from a failure to supply the CUSTOMON service, errors or loss of data, corruptions or interruptions, any suspension or termination of the CUSTOMON service, or any transmissions by others in infringement of the registered members’ obligations as set out in this agreement.
All users must understand that CUSTOMON may not be able to validate the identity of other registered members or prevent them demonstrating deceitful deceptions or any behavior that infringes the rights of any individual and people.
Licensing of Intellectual Property Rights
By uploading and submitting files, contents, and listings to CUSTOMON, you grant and accept a licensing agreement between CUSTOMON and you (all type of users).
You grant CUSTOMON a non-exclusive, global, international, worldwide, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, create derivative works of and demonstrate the content of such listings in connection with CUSTOMON’ and its successors' and affiliates' services and business, including without limitation for promoting and redistributing part or all of the CUSTOMON site and derivative works thereof in any media formats and through any media channels.
By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
You also hereby grant every user of the CUSTOMON site a non-exclusive license to access your content through the site, and to use, reproduce, distribute, and display such content as permitted through the functionality of the site and under this User Agreement. The above licenses terminate within a commercially reasonable time after you remove or delete your displayed content from CUSTOMON site. The above licenses granted by you in user comments you submit are interminable and permanent.
All intellectual property rights in this website and the CUSTOMON service including the software and systems underlying the CUSTOMON service, all text, user interfaces, photographs, trademarks, graphics, logos, icons, artwork, content, sound recordings and software are owned, controlled or licensed by to CUSTOMON, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property and other rights.
Except for the intention of and matter to the conditions defined under appropriate Trademark and Copyright legislation worldwide, and except as expressly provided in this Agreement or otherwise permitted by law, you cannot in any form/format use any CUSTOMON Content.
You cannot copy, adapt, reproduce, modify, store, republish, upload, distribute, perform, post, print, display, create derivative works from any part of this website, publicly display including of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without our written permission and a prior written consent from us.
Disclaimer of Warranties
You solely understand and agree that using any service on CUSTOMON is at your sole risk. We do not guarantee and promise that any services on CUSTOMON’ website or any other website that is accessible using a hyperlink from this website will be free from errors or viruses.
To the maximum extent permitted by applicable law, CUSTOMON is provided “as is” without warranties, conditions, representations or guarantees of any kind, either expressed, implied, statutory or otherwise, including but not limited to, any implied warranties or conditions of merchantability, satisfactory quality, title, non-infringement or fitness for a particular purpose. CUSTOMON does not warrant the operations of its offerings will be uninterrupted or error free.
We do not accept any responsibility for any defective services including loss or damage, either directly or indirectly experience in connection with the use of this website or any linked website, any loss due to your use of or reliance on information enclosed on or accessed by using this website.
You, all users, take on the entire risk as to the results, quality and performance of the service should the service prove defective, including any material, information, data downloaded, viewed, shared, or otherwise accessed through the service is accessed shall caused any damage to your computer system or loss of data. No oral or written information or advice given by CUSTOMON authorized representative shall create a warranty. This disclaimer of warranty constitutes an essential part of the license agreement.
You agree to indemnify, defend and hold CUSTOMON and/or CUSTOMON’ Affiliates, including, officers, directors, employees, agents, and representatives as well as, all third parties printing, manufacturing and all other products sold through the website harmless from and against any and all claims, damages, losses, liabilities and costs including legal fees incurred by CUSTOMON and/or CUSTOMON Affiliates regarding any claim arising out of your breach of this agreement. Including any accusation that any information that you present to us or submit to CUSTOMON that infringe or another way breaches the copyright, trademark, or intellectual property or other rights of any third party. CUSTOMON reserves the right, but has no obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.
CUSTOMON accept no liability for any failure to abide with this agreement where such failure is due to conditions beyond our reasonable control. Any rights waived by us that is accessible to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any of the terms of this agreement are held to be ineffective, illegitimate or illegal for any reason, the remaining terms and conditions will still continue in full force.
Delivery and services of CUSTOMON are entirely subject to the general terms and conditions of CUSTOMON. The Shop Owners may not enforce additional terms and conditions with their contents.
All parties agree that all rights and duties of these general terms and conditions are subject to the law of the Reading, PA USA. The jurisdiction will be Reading, PA, if disputes arise from or in connection with these general terms and conditions.