1. Acceptance of Terms
EStoremonster.com Ltd. (“EStoremonster”) operates a website on the World Wide Web at http://www.eStoremonster.com (the “Website”) and provides services to you subject to the following User Agreement (the “Agreement”). If you are under the age of 18, you must have your parent or legal guardian agree to be bound by the terms set forth in this Agreement. EStoremonster reserves the right to change or update this Agreement at any time. By continuing to use the Website you agree to be bound by the Agreement herein.
2. EStoremonster Services
EStoremonster has developed proprietary technology that enables photographs, designs, text, artwork, graphics and images (“Content”) to be uploaded to the Website. Content can be used to create customized merchandise such as T-Shirts, mugs, coasters, mouse pads, apparel, etc; (“Products”). Users can purchase Products or sell them by opening an eStore and exhibiting their Products for sale in their eStore. Users who wish to sell Products on the Website must enter a separate EStore Owner Agreement. EStoremonster may offer marketing services, contest offers, promotions or newsletters. These services may change at any time.
3. User Account, Password, and Security
You are fully responsible for maintaining the confidentiality of your account password and details of your account. You agree to accept full responsibility for all activities that occur under your account or password. EStoremonster reserves the right to edit, remove, cancel or terminate your account at any time, in our sole and absolute discretion. If you suspect unauthorized use of your account or password, you agree to immediately contact EStoremonster. You agree to log out of your account at the end of each session. EStoremonster is not responsible for creating back-ups of your uploaded Content. EStoremonster is not responsible for lost Content due to network or system outages or for any other reason. EStoremonster is not required to return Content to you that you have uploaded to the Website.
4. Your use of the Website
EStoremonster grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website as our customer. Unauthorized use immediately terminates the license granted by EStoremonster. These limited rights are granted to you only so long in exercising these rights you agree that you will not:
i. Threaten, harass, stalk, or intimidate any other user, EStore Owner, or individual visiting the Website.
ii. Use the EStoremonster logo or other proprietary content (including, but not limited to, graphics, images, text, page layout, code and software) on the Website without prior written consent.
iii. Download or modify any part of the Website without prior written consent from EStoremonster.
iv. Reproduce, duplicate, sell, resell, copy or use the Website, in whole or any part, for any commercial purpose.
v. Harm, disrupt or interfere with the Website by using programs, technology or viruses.
vi. Upload, submit, transmit, email, post, or make available any Content that is unlawful, obscene, hateful, abusive, intrusive to another individual’s privacy, threatening, unconstitutional, pornographic, defamatory, libelous, vulgar or otherwise objectionable.
vii. Upload, submit, transmit, email, post, or make available any Content that may infringe upon any copyright, trademark, trade secret, or any other intellectual or proprietary right of any party.
viii. Use a false e-mail address, impersonate any person or entity, or otherwise mislead anyone as to the origin of your services or of any Content.
ix. Upload, submit, transmit, email, post, or make available any Content that would constitute or encourage a criminal offence, violence or would violate the rights of any party.
x. Upload, submit, transmit, email, post, or make available any unsolicited or unauthorized promotional materials, advertising, bulk mail, direct mail, junk mail, spam, chain letters, pyramid schemes, direct marketing, telephone marketing or any other form of unwarranted solicitation.
xi. Collect email addresses or other information from individuals or other third parties using the Website.
xii. Use any search terms, key terms, or meta tags that contain EStoremonster name, logo or trademarks.
xiii. Attempt to access, tamper with, bypass, interfere or use non-public information on the Website.
xiv. Decompile, modify, disassemble, reverse engineer, loan, lease, or sublicense software, code, or other technology used on the Website.
xv. Send emails to recipients who have asked that you stop sending them emails.
EStoremonster reserves the right to edit, remove and/or refuse to process the order of Content we find objectionable in any way. You represent and warrant that you possess all necessary rights to use the Content you submit to the Website. You agree to defend, indemnify and hold EStoremonster harmless from any and all claims arising from Content that you submit to the Website.
By submitting Content to the Website you grant EStoremonster a non-exclusive, worldwide, royalty-free, license to use, reproduce, copy, crop, exhibit, post, email, sell or otherwise distribute the Content in or on our Products and in our marketing, advertising, samples, and promotional materials for the purpose of fulfilling orders and promoting the Website and its Products. If you select the “customizable” option, you agree that EStoremonster and its customers may make changes to the Content for the purpose of creating and ordering Products. The above license does not transfer any ownership rights of the Content to EStoremonster; all ownership rights of the Content shall remain the property of the respective owner. You may remove your Content at any time. Upon removal of your Content, the above license will terminate.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) about the Website provided by you to EStoremonster are non-confidential and shall become the sole property of EStoremonster. EStoremonster shall own exclusive rights and shall be entitled to the unrestricted use of these Submissions for any purpose without acknowledgement or compensation to you.
7. Copyright & Trademarks
Unless otherwise noted, everything on the Website including, but not limited to, text, graphics, logos, buttons, icons, images, audio clips, data, marketing tools, photographs, trade names, documents, software and all services provided on the Website, is the property of EStoremonster or its Content suppliers, and is protected by Canadian and International copyright law.
8. Copyright/Trademark Complaints
If you believe that any material on the Website infringes upon any copyright which you own or control, please notify us in writing: Attn: Legal Department T-Shirt Monster Inc., 2340 Adirondak Trail, Oakville, Ontario, L6M 4W9 Fax: 1-905-825-5291 Email: info@eStoremonster.com We will remove all copyright infringement Content from our Website. EStoremonster reserves the right to terminate an account, in our sole and absolute discretion, of members who infringe upon intellectual property rights of others.
9. Price and Product Descriptions
EStoremonster attempts to describe the products offered on the Website as accurately as possible. However, we do not warrant that product descriptions are accurate, complete, reliable, current, or error-free. If a product ordered is not to your satisfaction, your sole remedy is to return it within 30 days of receipt, in unused condition for a replacement product of equal or lesser value.
EStoremonster generally ships orders 2 – 5 days after receipt of order. EStoremonster is not responsible for losses or delays caused by its shipping carriers.
11. Independent Contractors
You and EStoremonster are independent contractors and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. You have no authority to make or accept any offers or representations on behalf of EStoremonster.
12. Representations and Warranties
You hereby represent and warrant to EStoremonster the following:
i. You are the owner and possess all rights associated with Content you have uploaded to the Website.
ii. All Content you have supplied to the Website is free and clear of any restrictions to your right to display or use the Content.
iii. All Content you have supplied to the Website is free and clear of any claims, demands, or pending litigation.
iv. All Content you have supplied to the Website does not contain viruses or any other technology designed to disrupt or damage the Website.
v. You agree to provide EStoremonster with documentation evidencing these claims, upon EStoremonster’s request.
13. Disclaimers and Liability Limitations
THE WEBSITE AND ALL RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED. ESTOREMONSTER DOES NOT WARRANT THAT THE WEBSITE OR EMAIL SENT BY US, WILL BE UNINTERRUPTED, FREE OF ERRORS OR FREE OF VIRUSES. YOU EXPRESSLY AGREE TO USE THE WEBSITE AT YOUR OWN RISK. ESTOREMONSTER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CRIMINAL, AND CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS OR DATA.
You agree to indemnify and hold EStoremonster and its employees, subsidiaries, directors, representatives, contractors, affiliates, agents, officers, managers, partners, members, and owners (the “Parties”) harmless against any and all claims, actions, demands, costs and expenses (including attorney’s fees and costs), judgments and/or settlements incurred in connection with any third-party claim, demand or action brought against the Parties alleging you have breached any part of this User Agreement through any act, error, omission, or in connection with any Content or third party Content you upload or share through the Website or through other users of the Website.
If any provision contained in this User Agreement shall be deemed invalid or unenforceable for any reason, the remainder of this User Agreement shall remain valid in full force and effect.
All notices shall be in writing and delivered to the other party by any of the following methods: i) mail, ii) email, iii) express courier. If you need to give notice to EStoremonster, you must use the following address: i) EStoremonster.com Ltd., 2340 Adirondak Trail, Oakville, Ontario, L6M 0E9 or ii) info@eStoremonster.com. If EStoremonster needs to give you notice, EStoremonster will use contact information provided by you.
17. Governing Law
This Agreement will be governed by the laws of Canada and the Province of Ontario. Any action relating to this Agreement must be brought into the exclusive jurisdiction of the courts of the Province of Ontario, and you irrevocably consent to the jurisdiction of such courts.
18. Termination of this Agreement
This Agreement shall begin upon your acceptance of this Agreement and will continue as long as you use EStoremonster services. Your failure to comply with any of the terms of this Agreement automatically revokes your authorization to use the Website and terminates any and all rights granted to you under the terms of this Agreement.