COMMUNITY GUIDELINES AND TERMS OF USE

Hello! Welcome to StitchMob’s Community Guidelines and Terms of Use. Please read this carefully before using our website, services, and products. This is a contract between you and TheStitchMob.com.

1. YOUR ACCEPTANCE

By using and/or visiting the www.thestitchmob.com website or any other website owned by TheStitchMob.com (as defined below), or any successor website of the foregoing (collectively the “Website”), you (“You”) acknowledge that You have read, understood and agree to these Terms of Use.

These Terms of Use constitute a binding agreement between You and www.thestitchmob.com and its parents, subsidiaries, affiliates, successors, and assigns (collectively “TheStitchMob.com”). The StitchMob Service provides designers (aka sellers) with a creative platform to create and sell custom apparel and buyers with the ability to find high-quality, unique custom design products.

You are authorized only to use the Website if You agree to abide by these Terms of Use and all applicable laws. Please read these Terms of Use carefully. If You do not agree to these Terms of Use, please do not use or visit the Website.

2. ADDITIONAL POLICIES

In addition to these Terms of Use, the following additional terms and policies (the “Additional Policies”) govern the rights and responsibilities of artists, visitors, and all users of the Website:

  • The TheStitchMob.com Privacy Policy here.

All of these Additional Policies are incorporated into, and are a part of, these Terms of Use.

3. GRANT OF RIGHTS

TheStitchMob.com hereby grants You permission to use the Website as set forth in these Terms of Use, provided that: (i) You will not copy or distribute any part of the Website in any medium without TheStitchMob.com’s prior written authorization; (ii) You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iii) You will otherwise comply with the terms and conditions of these Terms of Use.

4. YOUR ACCOUNT AND ACCOUNT ACTIVITY

In order to access some features of the Website, You have to create an account. When creating Your account, You must provide true, current, accurate and complete information about yourself. You are not allowed to use another user’s account without permission. You may not select a username that is vulgar, offensive, obscene, or attempts to impersonate another person. If TheStitchMob.com suspects that Your account information is not true, complete, current, or accurate, or that You have otherwise violated these Terms of Use, Your account may be subject to suspension or termination, and You may be barred from using the Website. By creating an account with TheStitchMob.com, You represent that You are of legal age to form a binding contract and are not a person barred by any laws from using the Website.

You are solely responsible for the activity that occurs on Your account, including the activities of others and regardless of whether such activities are authorized, and you are responsible for keeping Your account password secure. You may change Your password at any time. You agree to immediately notify TheStitchMob.com if You suspect or know of any unauthorized use of Your password or account or any other breach of security. TheStitchMob.com cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4.

5. USE OF YOUR ACCOUNT INFORMATION

You acknowledge and agree that TheStitchMob.com may preserve Your account information and may also disclose user information, if required to do so by law or if we believe, in good faith, that such preservation or disclosure is reasonably necessary to: (i) comply with the legal process; (ii) enforce these Terms of Use; (iii) respond to legal claims; or (iv) protect the rights, property, or personal safety of TheStitchMob.com, its users, or the public.

6. LINKED WEBSITES

The Website may contain links to third party websites that are not owned or controlled by TheStitchMob.com (“Linked Websites”). Those links are provided for convenience only and may not remain current or be maintained. TheStitchMob.com does not screen Linked Websites and has no control over, and assumes no responsibility for, the content, quality, suitability, functionality, legality, privacy policies, or practices of any Linked Websites. You acknowledge and agree that TheStitchMob.com is 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. By using the Website, You specifically release TheStitchMob.com from any and all liability arising from Your access or use of any Linked Website, Your correspondence or dealings with other users, advertisers, partners, or other third parties found on or through the Linked Websites, and/or Your participation in promotions, sweepstakes, campaigns, or any other venture hosted, endorsed, or sponsored by other users, advertisers, partners, or other third-party parties outside the Website.

7. USER SUBMISSIONS

The interactive nature of postings on the Website makes it impossible for TheStitchMob.com to assume responsibility for any of the information, material, or content posted by users.

The ideas, suggestions, opinions, comments, chat, text, messages, and observations made by users of the Website (“Commentary”), the photographs, artwork, sketches, videos, designs, and images (“Designs”) and any other files, material or information provided to the Website by users (all of which are referred to as “User Submissions”) are not endorsed by TheStitchMob.com, and we make no guarantee regarding the reliability, accuracy, nature, origin, or quality of any User Submission that is posted on the Website. You acknowledge that You will evaluate and bear any risks related to Your User Submission, or Your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission, and Your sole recourse for any damage You may suffer as a result of any User Submission, or any portion thereof, shall be to such individual, and not TheStitchMob.com.

By posting a User Submission to the Website, You represent that: (i) You are the owner of the User Submission; or (ii) you have the right and license to use the User Submission; or (iii) the User Submission is in the public domain; or (iv) to Your knowledge, no one else claims ownership of, or exclusive rights to, the User Submission; and (v) You have the legal right to grant a license to TheStitchMob.com to use the User Submission.

You hereby grant TheStitchMob.com a worldwide, non-exclusive, royalty-free, sub-licenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submission (and derivative works thereof) in any media now known or hereafter developed.

If You choose to post a User Submission on the Website, we require that You adhere to generally accepted rules of etiquette and standards of behavior. You understand that TheStitchMob.com does not guarantee any confidentiality with respect to any User Submission.

TheStitchMob.com expressly disclaims any and all liability in connection with User Submissions. TheStitchMob.com reserves the right to remove any User Submission in its sole discretion and without prior notice.

8. LICENSE AND USE OF DESIGNS

TheStitchMob.com’s services empower designers to earn money from their Designs by making it immediately available for sale on a variety of products - without giving up control of their rights. You retain all of Your ownership rights, including all copyright and other intellectual property rights, in the Designs you submit to the Website. The exception to this is Designs submitted to the Website in a themed design challenge in which case the third party sponsor of the challenge may require ownership of all Designs submitted in that challenge. Please refer to the rules applicable to any design challenge you enter.

By uploading Designs to the Website, You grant TheStitchMob.com the license above in Paragraph 7, and further agree that TheStitchMob.com may: (i) display your Designs on the Website and in magazines, television shows, movies, on the Internet, and other media; (ii) sell Your Designs; and (iii) make modifications to your Designs as necessary to prepare your Designs for use in a particular product category or for other manufacturing purposes. In addition, you represent that TheStitchMob.com may legally make and sell merchandise incorporating Your Designs without being obligated to make any payments to, or obtain any permission from, any third party.

You may delete your Designs from the Website at any time, but due to caching and other technical issues, it may take a number of days for it to be completely removed from the Website. Upon the removal of Designs by You, or by StitchMob (by emailing mobsupport@thestitchmob.com), the licenses above will terminate, except that, to the extent any Designs has been incorporated into merchandise purchased and/or manufactured by TheStitchMob.com prior to Your removal, TheStitchMob.com may sell-through all such merchandise until it is depleted. The terms regarding payment to Designers apply to such sales. TheStitchMob.com may also continue to use your Designs in marketing and promotional materials if such materials were created prior to Your removal of the Designs from the Website.

9. IMPROPER USE OF WEBSITE

You may not, in connection with the Website:

  • Upload, post, email or otherwise transmit any material that is libelous, invasive of another’s privacy, defamatory, pornographic, sexually explicit, unlawful or plagiarized;
  • Upload, post, email or otherwise transmit any material that infringes or violates any patent, copyright, trademark, trade secret or other proprietary rights of any person;
  • Upload, post, email or otherwise transmit any material that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, or racially or ethnically offensive;
  • Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation;
  • Upload, post, email, or otherwise transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality or any computer software or hardware or telecommunications equipment;
  • Circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or any content on the Website;
  • Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity;
  • Intentionally or unintentionally violate or encourage others to violate any applicable law, statute, ordinance or regulation;
  • Provide false or deceptive information;
  • Solicit personal information from anyone under 18;
  • Breach a duty of confidentiality by which You are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Delete, add or otherwise change other people’s User Submissions;
  • Remove or alter any copyright or other proprietary notices on or in connection with any content on the Website.
  • Use or launch any automated system or technological devices or programs that access the Website in a manner that sends more request messages to the TheStitchMob.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; and
  • Access, monitor or copy any content or information from the Website using any robot, spider, scraper or other automated means or any manual process for any purpose. Notwithstanding the foregoing, TheStitchMob.com grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. TheStitchMob.com reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.

10. COMMUNITY GUIDELINES

To make sure that the community spaces on TheStitchMob.com, including, but not limited to any message boards, discussion groups, comments, and forums (“Community Spaces”) are safe and respectful, the following policies apply to all Community Spaces:

  • Keep Your content relevant and moderate it correctly. If You’re unsure whether content is appropriate or consistent with these community guidelines or any other terms included in these Terms of Use, err on the side of caution and do not post it.
  • Respect other Users’ privacy. Private or personally identifying information should not be shared in Community Spaces or other public areas of the Website.
  • Community Spaces may not be used to publicly disparage anyone, any User Submission, or any Designer.
  • Community Spaces may not be used to harass other users.
  • You may not publish or post threats of violence, or promote or encourage others to engage in violence or illegal activity.
  • Report abusive content to mobsupport@thestitchmob.com if you see it.

11. PRIVACY

You agree not to collect or use anyone else’s personally identifiable information (“Personal Information”) including, without limitation, individual names, account names, email addresses, or other user-identifying information from the Website.

TheStitchMob.com uses Your information only as described in the Privacy Policy here. We view protection of users’ privacy as very important. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account and changing your account preferences or opting-out of certain communications. If you object to your information being transferred or used in the manner provided for in the TheStitchMob.com Privacy Policy your sole recourse is to stop using the Website and services offered by TheStitchMob.com.

12. MODIFICATIONS TO THE WEBSITE

TheStitchMob.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof), with or without notice, and to block You or anyone else from the Website, at any time in its sole discretion, provided, however, that TheStitchMob.com has no obligation to update, store, maintain or correct any information on the Website. TheStitchMob.com shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website.

13. TERMINATION

TheStitchMob.com may, in its sole discretion and without prior notice, immediately suspend, disable, or terminate Your account, with or without cause.

Notwithstanding the foregoing, cause for such termination shall include, but not be limited to: (i) breaches or violations of the Terms of Use (including the Additional Policies); (ii) requests by rights holders, law enforcement, or other government agencies; (iii) a request by You (self-initiated account deletions); (iv) discontinuance or material modification to the Website (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) engagement by You in fraudulent or illegal activities; and/or (viii) nonpayment of any fees owed by You in connection with the Website or any other TheStitchMob.com product or service. TheStitchMob.com may, but shall not be obligated to, give you one warning if you have violated these Terms of Use, prior to terminating your account.

Termination of Your account may include: (i) removal of access to the Website; (ii) deletion of Your password and all related information, files and materials, including any User Submission associated with You; and (iii) barring further use of the Website. Further, You agree that TheStitchMob.com shall not be liable to You or any third party for any termination of Your account or access to the Website.

You may terminate these Terms of Use at any time by terminating your Account use of the Website.

On termination of these Terms of Use for any reason, the rights and licenses granted to You hereunder will immediately terminate and the provisions of these Terms of Use that by their nature and context are intended to survive termination shall survive. Without limitation of the foregoing, TheStitchMob.com shall have the right to retain copies of all User Submissions in its archives for its internal business purposes and legal purposes.

TheStitchMob.com 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 Website and/or Your account.

14. WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THESTITCHMOB.COM, AND ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF THESTITCHMOB.COM, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THESTITCHMOB.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, USER SUBMISSION OR OTHER MATERIAL OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, USER SUBMISSION, OR OTHER MATERIAL POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THESTITCHMOB.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND THESTITCHMOB.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THESTITCHMOB.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

15. LIMITATION OF LIABILITY

IN NO EVENT SHALL THESTITCHMOB.COM, OR ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF THESTITCHMOB.COM, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, USER SUBMISSION, OR OTHER MATERIAL POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT THESTITCHMOB.COM SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by TheStitchMob.com.com from its facilities in Singapore. TheStitchMob.com.com makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

16. INDEMNITY

You agree to defend, indemnify and hold harmless TheStitchMob.com.com, and any director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of TheStitchMob.com.com, from and against any and all alleged claims, claims, damages, obligations, losses, liabilities, fines, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) Your use of and access to the Website; (ii) Your violation of any term of these Terms of Use; (iii) Your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right; or (iv) any alleged claim, claim, or cause of action that one (or more) of Your User Submissions caused, is causing, or will cause damage to a third party, as a result of infringement or otherwise. This defense and indemnification obligation will survive these Terms of Use and Your use of the Website.

17. ABILITY TO ACCEPT TERMS OF USE

You affirm that You are either over 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. TheStitchMob.com.com is not intended for children under 13. If You are under 13 years of age, please do not use the Website.

18. SPECIAL PROVISIONS FOR USERS LOCATED OUTSIDE OF SINGAPORE

TheStitchMob.com.com is a global community. Our servers and operations are, however, located in Singapore, and our policies and procedures are based on Singapore law. As such, the following provisions apply specifically to users of the Website that are located outside of the Singapore: (i) You consent to the transfer, storage, and processing of your information, including but not limited to any personal information, to and in Singapore and/or other countries; and (ii) if you are using the Website from a country sanctioned or embargoed by Singapore, you agree that you will not engage in financial transactions, or conduct any commercial activities using or through the Website.

19. ASSIGNMENT

These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by You, but may be assigned, transferred, delegated, and sublicensed by TheStitchMob.com without restriction.

20. INTELLECTUAL PROPERTY OWNED BY THESTITCHMOB.COM AND ITS LICENSORS

The Website is owned by StitchMob Pte Ltd. The Website and its original content, features, and functionality are protected by Singapore and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws. The Website displays trademarks owned by StitchMob Pte Ltd, including but not limited to StitchMob, and trademarks, copyrights, and other intellectual property owned by Website users, designers, and other third party licensors (collectively, “Licensors”). No portion of the Website may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of TheStitchMob.com, or as otherwise agreed to in writing by the appropriate Licensor.

21. CONTESTS, DESIGN CHALLENGES, PROMOTIONS

Contests, design challenges, surveys, games or other promotions (collectively, "Promotions") made available through the Website may be governed by specific rules that are separate from these Terms of Use. By participating in any such Promotion, You will become subject to those rules, which may vary from the terms and conditions in these Terms of Use. We ask You to please review any specific rules applicable to a particular Promotion. To the extent that the terms and conditions of such rules conflict with these Terms of Use, the terms and conditions of such Promotion shall control, but only to that Promotion.

22. LAW AND FORUM FOR DISPUTES

These Terms of Use constitute an agreement that shall be governed by and construed in accordance with the laws of Singapore without regard to its conflict of law provisions and without regard to the actual state or county of incorporation or residence of either party. You agree to submit to the personal and exclusive jurisdiction of the courts located in Singapore in connection with any action arising under this Agreement. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

23. RELEASE

If You have a dispute with one or more Website users, You release TheStitchMob.com (and TheStitchMob.com's officers, directors, agents, subsidiaries, joint ventures and employees) from any 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 dispute.

24. GENERAL, AMENDMENTS

In the event any provision contained in these Terms of Use is determined to be invalid, illegal or otherwise unenforceable in any respect for any reason, the validity, legality and enforceability of the provision in every other respect and the remaining provisions of these Terms of Use will not be in any way impaired and shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and TheStitchMob.com’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

TheStitchMob.com reserves the right, at any time, in its sole discretion, and without prior notice, to change these Terms of Use, including the Additional Policies, in whole or in part, which shall take effect upon posting to the Website. You are responsible for reviewing and complying with the Terms of Use in effect at the time you use the Website. It is Your responsibility to review these Terms of Use for any changes. You acknowledge that you will be bound by the revised Terms of Use as of their effective date set forth therein and your continued use of the TheStitchMob.com Website constitutes acceptance of them.

These Terms of Use, including, without limitation, the Additional Policies, which are incorporated herein by reference, set forth the entire understanding and agreement between you and TheStitchMob.com with respect to the subject matter hereof.

25. VIOLATIONS OF THESE TERMS OF USE

Please report any violation of the Terms of Use, including objectionable User Submissions or behavior, to mobsupport@thestitchmob.com. Please state the reasons for Your concern and provide a link to the User Submission, other material or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, TheStitchMob.com in its sole discretion may investigate the matter and take such action as TheStitchMob.com determines to be appropriate.

These Terms of Use were last revised in February 2017.

RULES FOR BUYERS

This policy is a part of our Terms of Use. By purchasing merchandise via the Website, you’re agreeing to these rules and our Terms of Use.

1. PRICING, SHIPPING, AND TERMS OF SALE

Prices for all merchandise on the Website are in Singapore dollars. Prices and products may change at TheStitchMob.com's discretion. TheStitchMob.com may offer promotional discounts from time-to-time. You must agree to the terms of the discount 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 TheStitchMob.com. Title and risk of loss for all products ordered by you shall pass to you upon TheStitchMob.com's shipment to the shipping carrier. TheStitchMob.com reserves the right to cancel any order for any product 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 cancelled.

2. PRODUCT DESCRIPTIONS

TheStitchMob.com attempts to be as accurate as possible to provide a compelling user experience. However, TheStitchMob.com does not warrant that product descriptions or other content of the Website are accurate, complete, reliable, current, or error-free. If a product offered by TheStitchMob.com is not as described, your sole remedy is to return it pursuant to TheStitchMob.com's Return and Refund Policy here.

3. RETURN POLICY

Please review TheStitchMob.com's Return and Refund Policy here.

4. FUNDED DESIGNS

You sometimes have the opportunity to fund merchandise on the Website (a “Funded Design”). A funder is a person who funds particular merchandise by indicating a desire to purchase the merchandise and providing TheStitchMob.com with his/her credit card information. TheStitchMob.com thereby reserves authorized credit card charges from the Funder(s) before deciding to print and sell that merchandise. Such authorized credit card charges can be cancelled at your request. The Funded Design will have the opportunity to gain funding for up to thirty (30) days, directly corresponding with the up to thirty (30) day voting period for the design, via the Website. If, during this voting period, the design reaches its funding threshold, as determined solely by TheStitchMob.com, and is successfully "funded," it may be sold. You will only be charged for an item once a Funded Design reaches its funding threshold.

SELLER POLICY

By submitting your design for funding on the Website You agree to this Seller Policy which is a part of the Terms of Use.

1. SELLER SET UP

Your Seller account must be created and opened in compliance with the rules concerning Your Account and Account Activity in the Terms of Use. In particular, You may not use another user’s account without permission; You may not select a Seller name that is vulgar, offensive, obscene, or attempts to impersonate another Seller; You may not name Your account by using a third party’s trademark; and, when creating Your account, You must provide true, current, accurate and complete information about yourself.

2. REMOVAL OF DESIGNS

You may delete Your Designs from TheStitchMob.com at any time, but due to caching or other issues, it may take a number of days for deletions or closures to take effect. To the extent any of the Designs displayed in TheStitchMob.com has been incorporated into merchandise purchased and/or manufactured by TheStitchMob.com prior to the deletion of Your Designs, TheStitchMob.com may sell-through all such merchandise until it is depleted. TheStitchMob.com may also continue to use your Designs in marketing and promotional materials if such materials were created prior to Your removal of the Designs from the Website.

3. TAGS, PRODUCT DESCRIPTIONS, AND LABELING AND DESCRIBING YOUR DESIGNS AND PRODUCTS

By providing high-quality, accurate information, You help Users find Your products quickly and easily.

At the time You post products on TheStitchMob.com, You will be asked to provide information (title, description, tags, categories) about Your products and Designs so that visitors to TheStitchMob.com can search and find relevant products.

You will make best efforts to provide accurate, non-misleading information about Your products and Designs and You agree not to submit information unrelated to Your products or Designs for any purpose. If TheStitchMob.com determines that information is misleading or inaccurate or that it violates these Terms of Use, TheStitchMob.com may inform you to delete such information or the related product entirely, in its sole discretion.

You agree to use the Website in a manner that demonstrates common sense and respect for the rights of TheStitchMob.com, other designers, Website users, and third parties and in accordance with applicable laws and regulations. Here are some of the basic rules for labeling the products in Your Design:

  • Only use accurate and relevant terms that describe the specific products in Your Design
  • You may not intentionally misspell Your product names (unless such misspelling is part of the Designs).
  • You may use a short descriptive phrase as a tag if it accurately describes Your product.
  • You may not stuff multiple words into a single tag that do not comprise a descriptive phrase.
  • You should only state what the item is, not what the Product may become or potential uses for the Product.
  • You may not use words that are derogatory.
  • You may not use malicious tags or descriptions.
  • You may not use trademarks you do not own to refer to your Designs or products.

 You may report problems, offensive content, and policy violations in Designs to us at mobsupport@TheStitchMob.com.

4. ENFORCEMENT/TERMINATION

TheStitchMob.com may take the following actions to enforce the terms of this Seller Policy:

  • Send a notification informing You of any offending action, behavior, tag, spam or description, and request that You take corrective action immediately.
  • Make Your product(s) unavailable.
  • In the case of certain repeat offenders, TheStitchMob.com will, in its sole discretion, withhold payment and/or shut down a campaign.

Additionally, TheStitchMob.com reserves the right to remove, limit, suspend, or terminate Your account, prohibit access to Your campaign and its content, and discontinue its relationship with any users that TheStitchMob.com determines in its sole discretion are in violation of the Terms of Use.

5. PAYMENTS, TIMING OF PAYMENTS, AND INELIGIBLE SALES

Please refer to the FAQs.

6. CAMPAIGN ORDERS AND CONTACT INFORMATION

For customer orders made through your campaign, TheStitchMob.com may facilitate the sharing of customer information such as e-mail address and shipping address. We expect you to respect the privacy of the information you may receive. Please refer to our Privacy Policy here, and our Community Guidelines, which are included in our Terms of Use here. TheStitchMob.com has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Remember that you need to comply with all relevant legal rules when you use TheStitchMob.com. This includes applicable data protection and privacy laws which govern the ways in which you can use such information that may be shared.

POLICY CONCERNING PAYMENTS TO DESIGNERS

By submitting Designs to the Website, You authorize TheStitchMob.com to display the Designs, and to manufacture, sell and distribute products displaying your Designs. You also authorize TheStitchMob.com to collect and hold the retail price (“Retail Price”) of all products displaying your Designs that are purchased via the Website.

The Retail Price charged to customers who purchase products featuring Designs includes the (i) manufacturing fees, (ii) TheStitchMob.com’s fee for hosting the marketplace and facilitating the transaction (the manufacturing fees and TheStitchMob.com’s fee are referred to collectively, and inclusive of tax, as the “Base Price”), (iii) Your compensation (the “Designer Compensation”), (iv) any relevant tax (such as Sales Tax, GST, VAT, etc), and (v) a portion of shipping charges.

You authorize TheStitchMob.com to deduct both (i) the Base Fee and (ii) any shipping charges from the Retail Price of the product(s) featuring your Designs before distributing the remainder (i.e., the Artist Compensation and tax where relevant), to You. With respect solely to Designs sold by TheStitchMob.com via the website, in no event will the Designer Compensation be less than 25 cents per unit sold.

From time to time, TheStitchMob.com may include the Designs in miscellaneous items such as, without limitation, calendars or books that promote the StitchMob brand or community, and You will not be owed or paid any royalties or payments for such use.

Timing and Method of Payment Designers. Payments will be made 48 hours after the end of a successfully funded design, via PayPal. You are required to provide TheStitchMob.com with Your PayPal account information. You will be charged a processing fee per transaction made to You by TheStitchMob.com. You alone are responsible for the payment of any tax that arises as a result of receiving any payment from TheStitchMob.com, its subsidiaries, related companies, partners or licensors.

TheStitchMob.com will not pay You for sales of any product that incorporates Designs that violates the Terms of Use. For example, if TheStitchMob.com discovers that Your Designs infringes someone else's copyright or that You do not have the right to use the Designs, TheStitchMob.com reserves the right to reverse all payments for products featuring such Designs, whether due or already paid.

The Base Fees Applicable to Designers via the Website. Designers have the freedom to set their own prices at or above the provided Base Fees, which is why there is no minimum Artist Compensation guaranteed to a Designer.

THESTITCHMOB.COM COPYRIGHT INFRINGEMENT AND DMCA POLICY

TheStitchMob.com respects the intellectual property of others, and we require users of the Website to do the same. Thus, in Your use of and interactions with TheStitchMob.com and the Website, You may not post, upload, display, submit, modify, distribute, or reproduce in any way any User Submission that is or contains copyrighted material belonging to others, without obtaining their prior written consent. TheStitchMob.com reserves the right, in its discretion, to remove any User Submission if it believes that it may infringe the copyright of any third party, and/or to terminate the accounts of users believed to be infringers.

DMCA Takedown Notification and Counter-Notice Procedure

Take-Down Notice. If You are a copyright owner or an agent thereof and believe that any material on TheStitchMob.com infringes Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent with the following information in writing:

  • A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  • Identification of the copyrighted work (or works) claimed to have been infringed;
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit TheStitchMob.com to locate the material (providing URLs in the content of an email is the best way to help us locate content quickly).
  • Information reasonably sufficient to permit TheStitchMob.com to contact You, including Your address, telephone number, and e-mail address at which You may be contacted.
  • A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by You, or Your agent, or the law;
  • A statement made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or are authorized to act on the copyright owner’s behalf.

See 17 U.S.C 512(c)(3) for further information.

Our Designated Agent to receive notification of claimed infringement under the DMCA is:

Sanjeev Menon

Email: sj@thestitchmob.com

You acknowledge that if You fail to comply with all of the requirements above, Your DMCA notice may not be valid and not be acknowledged by TheStitchMob.com.

TheStitchMob.com will process and investigate valid notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws.

Upon receipt of notices complying with the DMCA, TheStitchMob.com will act expeditiously to remove or disable access to any material claimed to be infringed or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to his/her material.

Counter-Notice. If You believe that Your User Submission that was removed (or to which access was disabled) is not infringing, or that You have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post, display, or use the User Submission, You may send a counter-notice to TheStitchMob.com’s Designated Agent, which must contain the following information in writing:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  • Your name, address, and telephone number; and
  • A statement that You consent to the jurisdiction of district court in the judicial district in which Your address is located, or if Your address is outside of Singapore, for any judicial district in which You may be found and that You will accept service of process from the person who provided the initial notification of alleged infringement.

TheStitchMob.com will provide a proper and valid counter-notice to the alleged copyright owner for review and consideration.