Terms of Service
CrowdThreads provides users with an automated Internet-based service to design and sell t-shirts and other custom products. By using CrowdThreads and its services in any capacity, you have agreed to the terms and conditions of this Agreement and agree to use the site and service solely as provided in this Agreement. For additional clarification on these Terms of Service, please refer to CrowdThreads’s Frequently Asked Questions section.
By violating this User Agreement in any capacity, you are subject to an immediate removal of your campaign(s), possible forfeit of profit(s), and potential suspension or termination of your account. By creating a campaign on the CrowdThreads site:
- You agree to accept and abide by CrowdThreads’s Terms of Service in their entirety.
- With respect to any trademarks, service marks, or copyrights that you have licensed from the owner thereof (the “Licensed Rights”), you agree to comply with any restrictions or conditions imposed on the use of the Licensed Rights.
- You agree that you are the owner, or licensee, of all rights associated with any created or uploaded artwork or text, including but not limited to, the trademarks and copyrights that may be associated with said material. If you are not the owner, you agree to provide CrowdThreads with evidence of the permission given to you by the owner.
- You agree that the description and title of the campaign do not, either in and of themselves or in addition to the text and images featured in the created merchandise, infringe upon the rights of any third party.
- You understand and agree that CrowdThreads may, in its sole discretion, release your contact information to a third party that satisfactorily alleges, pursuant to CrowdThreads’s Intellectual Property Complaint Policy below, unauthorized use of its intellectual property.
- Upon receipt by CrowdThreads of an allegation of infringement that comports with CrowdThreads’s Intellectual Property Complaint Policy, in CrowdThreads’s sole discretion, your campaign may be subject to immediate cancellation, possible forfeiture of any profits, and suspension or termination of your account with CrowdThreads.
- You agree not to provide untrue information in your campaign including, but not limited to: the amount of product for sale, the origin of production of the product, or the intended recipient of profits.
- You agree not to solicit potential buyers through information posted in your campaign other than the purchase of the primary item(s). This includes raffles, chances to win, and other representations of additional opportunities beyond the sale of the primary item being sold.
- You agree to defend, indemnify, and hold CrowdThreads and its affiliates harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or relating to your use of CrowdThreads’s site and services, your violation of this Agreement, or your violation of any rights of another.
- You agree that CrowdThreads is not responsible for any consequential, indirect, or any special damages, including, but not limited to, lost profits, associated with any action taken by CrowdThreads pursuant to this Agreement or your use of the CrowdThreads service.
INTELLECTUAL PROPERTY COMPLAINT POLICY
CrowdThreads prohibit users from using the service to sell merchandise that infringes upon third party intellectual property rights (such as copyright, trademark, trade dress, and right of publicity).
CrowdThreads will consider complaints of possible infringement only from parties that own, or have the exclusive right to exploit, said intellectual property. CrowdThreads is not in a position to adjudicate disputes. If you believe a campaign contains content that is not authorized, upon receipt of the information enumerated below, CrowdThreads will provide the campaign owner with your correspondence and contact information and direct the campaign owner to contact you within seven (7) days to resolve this dispute. If the campaign owner does not contact you, or if the issue is not resolved to your satisfaction, please let us know. In cases of an alleged infringement, in our sole discretion, CrowdThreads may take down the campaign and refund all buyers, provided that the conditions, below, are satisfied.
If you believe that your intellectual property rights have been infringed upon by a CrowdThreads user, please notify CrowdThreads at [email protected] You must include within your notification the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that you allege is being infringed;
- The URL to the CrowdThreads campaign(s) used in connection with the sale of the allegedly infringing merchandise;
- Identification of the copyright, trademark, or other rights that allegedly have been infringed, including proof of ownership (such as copies of existing trademark or copyright registrations);
- Your full name, address, telephone number(s), and email address(es);
- A statement that you have a good-faith belief that use of the material in the URL submitted is unauthorized by the rights owner, or its licensee, and such use amounts to infringement under federal or state law; and
- A statement, under penalty of perjury, that the information in the notification is complete and accurate and that you are authorized to act on behalf of the owner of the intellectual property or other right that is allegedly infringed.
If you believe that a claim of intellectual property infringement was filed by mistake or misidentification you may file a counter-notice. If you materially misrepresent in your counter-notice that your design is not infringing upon the intellectual property, you may be liable for damages to the intellectual property owner (including costs and attorney’s fees). Therefore, if you are unsure whether or not the material infringes on the intellectual property, please contact an attorney before filing the counter-notice. The counter-notice should be submitted to [email protected] and must include the following information:
- Your physical or electronic signature;
- Your full name, address, telephone number(s), and email address(es);
- Identification of the material and its location before it was removed, either by URL to the CrowdThreads campaign(s) used in connection with the sale of the allegedly infringing merchandise or CrowdThreads campaign number;
- A statement under penalty of perjury that the claim of intellectual property infringement that led to the removal or blockage of access to material was filed by mistake or misidentification;
- Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and
- Your consent to accept service of process from the party who submitted the takedown notice or an agent of that party.
If you submit a counter-notice, a copy of the counter-notice may be sent to the complaining party informing the complaining party that CrowdThreads may replace the removed material or cease disabling it in 10 business days. Unless the intellectual property owner files an action seeking a court order against you, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice.
REPEAT INTELLECTUAL PROPERTY COMPLAINT POLICY
If CrowdThreads receives repeated notices that you have posted others’ intellectual property without permission, CrowdThreads may terminate your account. CrowdThreads has a system for keeping track of repeat violators of intellectual property rights of others, and determining when to suspend or terminate your account.
Generally, when content is removed that you posted because the intellectual property owner of that content sent us a complete legal request to do so, you will get an intellectual property strike. If you receive three intellectual property strikes within a two-year period, your account will be suspended for a period of one month. If you receive four intellectual property strikes within a two-year period, your account will be suspended for a period of three months. If you receive five intellectual property strikes within a two-year period, your account will be suspended for a period of six months. If you receive six intellectual property strikes within a two-year period, your account will be terminated.
If you submit a counter-notice in response to the intellectual property owner’s notice and that counter-notice is not answered by the intellectual property owner, or if the dispute leads to legal proceedings that result in a court finding that you have not infringed the owner’s intellectual property, CrowdThreads will take away the strike that you were given for posting that content. Likewise, if the intellectual property owner retracts his or her notice, CrowdThreads will take away the strike.
CrowdThreads reserves the right to terminate accounts that act against the spirit of the Terms of Service, regardless of how many strikes are involved.
TRADEMARK OWNER OPT-IN PROGRAM
CrowdThreads has developed the Trademark Owner Opt-in Program to allow owners of Federally Registered Trademarks for a standard character mark (word mark) related to clothing (in International Classification 025) to file a formal statement that no potential campaign owners have rights to use the Federally Registered Trademark. During the time a Trademark Owner is part of the Trademark Owner Opt-in Program, new campaigns will be electronically scanned for direct matches to the Federally Registered Trademark. If a direct match is found, the campaign owner will be notified that the campaign has been identified as potentially infringing. A campaign owner who believes that the campaign was identified by mistake or misidentification may file a counter-notice.
To enroll in the Trademark Owner Opt-in Program, an owner of a Federally Registered Trademark related to clothing must provide:
- A physical or electronic signature of a person authorized to act on behalf of the trademark owner;
- Identification of the trademark including the registration number and the listing of goods associated with the trademark;
- The trademark owner’s full name, address, telephone number(s), and email address(es);
- A statement that the trademark owner has a good-faith belief that no potential campaign owner has the right to use the identified trademark;
- A formal request to have the identified registration added to the Trademark Owner Opt-in Program database;
- The date the identified registration will expire if not renewed; and
- A statement, under penalty of perjury, that the information in the request is complete and accurate and that the person filing the request is authorized to act on behalf of the trademark owner.
CROWDTHREADS RESPECTS THE PRIOR, LEGITIMATE RIGHTS OF THE FIRST TO PUBLISH A CAMPAIGN
Sometimes, later campaigns copy earlier campaigns that contain original artwork. Our policy is that every original image or design uploaded onto CrowdThreads is protected against exact duplication, or use in a confusingly similar (trademark) or substantially similar (copyright) manner.
CrowdThreads will accept complaints and notification of possible infringement from customers that claim ownership of said original content from an earlier campaign.
Once notified, CrowdThreads, in its discretion, may remedy any alleged infringement by removing unauthorized content. Alternatively, CrowdThreads may notify the allegedly infringing party and provide a warning. Instances of further infractions can lead to possible suspension or termination of the allegedly infringing party’s account.
For additional information regarding these policies, please reference CrowdThreads’s Frequently Asked Questions section.
If you see a campaign containing your original image or design and would like to report it to CrowdThreads, contact us at [email protected] with the following information:
- The URL(s) used in connection with the sale of the allegedly infringing merchandise; and
- The URL(s) of your campaign and date of first use.
CrowdThreads works hard to ensure that all our campaigns are printed to high-quality standards & shipped on time and accurately. CrowdThreads accepts returns and will issue a full refund within 30 days of the end of the campaign if customers are disappointed with their order for any of the following reasons: The product itself is flawed; the quality of the printing is poor; or if the final product is materially different than the design presented in the campaign. If you are in any way unsatisfied with your purchase, please contact CrowdThreads at [email protected]
These Services are operated and provided by CrowdThreads L.L.C. If you have any questions about these Terms, please contact CrowdThreads at [email protected]