Welcome to Shirtsmockup.com Online Apparel PSD Mockup Shopping Store!
Hello, and thanks for joining us at Shirtsmockup! We're part of TojoGraphics LLC, found at 30 N Gould St Ste R, Sheridan, WY, 82801, USA. If you hear "Shirtsmockup.com," "we," "us," or "our," that's who we're talking about. When we say "you" or "your," we mean you, the person reading this, or the company you represent if you're here on business.
Before we get into the details, we want to ensure you know that you agree to these Terms of Use by using our Website, Platform, or Services. This includes all the extra bits and pieces we may refer to, like our Privacy Policy and any licensing terms.
When you use our Website, Platform, or Services, you're saying "yes" to everything written here. If there's anything you don't understand or agree with, please stop using our services and contact us at [email protected]for clarification before proceeding.
Understanding Our Terms
We've divided our Terms of Service into two parts to make things easier to understand. But remember, they all apply to you:
Part A – Basic Terms for Everyone
Key Definitions
Here are some terms you'll see around here:
To make these Terms easier to follow, we've aimed for simplicity and clarity. We hope this helps you understand your rights and obligations while maximizing Shirtsmockup. Welcome aboard, and here's to creating something unique together!
Changes to Terms
We sometimes update these terms and post the new ones on our site here: Shirtsmockup Terms. If you've signed up for emails from us, we'll also send you a note about any changes unless you've chosen not to get emails from us. By continuing to use Shirtsmockup, you're saying you're okay with the updated terms. Make sure you're right with the changes before you use Shirtsmockup. If not, you're free to close your account at any time. But if you keep using Shirtsmockup, you will accept the new terms.
Who Can Use Our Service
Shirtsmockup is built for people worldwide but mainly for those in the USA. If you're in a place where using Shirtsmockup goes against local rules (because of where you live or for other reasons), please don't use it. We can't promise that Shirtsmockup meets the regulations or is available outside the USA. If you decide to use Shirtsmockup from somewhere else, that's on you, and you need to make sure it's okay based on your local laws.
Age Requirements
Shirtsmockup isn't for kids. You need to be the age of majority in your place (like 18 in many places) to use our services. If you're under that age, your parent or guardian must agree to these terms and help you sign up.
Internet Access
You need the internet to get to Shirtsmockup, and any internet costs are up to you.
Intellectual Property Rights
Copyright laws protect everything on Shirtsmockup from the USA and other countries. We own or have the rights to everything related to Shirtsmockup, including all products and materials. When you use Shirtsmockup, you're not getting ownership of any of it; you're just allowed to use it as we describe here and in Part A of these Terms. Some products belong to the people who made them, but we help share their work through our service.
Using Shirtsmockup Stuff
We're permitting you (a license) to use Shirtsmockup in specific ways. We'll tell you more about how to use it in the next part.
Other People's Stuff
You'll also see stuff owned by other people on Shirtsmockup, like trademarks and logos. Those belong to them, not us, and they're also protected by copyright and trademark laws. You can't use any of that without permission from the owner.
Our Trademarks
"Shirtsmockup" and any other trademarks, logos, or slogans you see with us are ours. Please don't use them without asking us first.
We've tried to make these terms easier to understand, but if you have questions, ask!
What You Can Do
Welcome to our Platform! We're excited to offer you various services, but we were hoping you could follow a few rules about using our content.
Rules for Non-Members
If you're not a member yet, here's what you need to know about using our Previews:
What's Not Allowed
We have a few essential no-nos regarding our Previews, Products, and Materials:
By using our Platform and its content, you're agreeing to these guidelines. You understand that even if your local laws might allow specific uses, by accessing our content, you accept our rules.
We hope that helps make things more straightforward! Enjoy exploring what we offer, and thank you for respecting these guidelines.
Acceptable Use Policy
Welcome to our community! We're excited to offer you access to our website and services. To ensure a positive and lawful experience for everyone, we ask that you follow a few simple rules:
What You Should Not Do
Unfortunately, we can't list every single do and don't, but here are some key points to keep in mind:
Setting up fake accounts, bypassing content protections, creating misleadingly similar websites, privately contacting members to circumvent our service, using bots or scrapers not provided by us, and modifying or blocking service ads are all examples of what not to do.
Remember, using our products means agreeing to these terms, including purchasing with the correct licenses and not interfering with others' enjoyment of the service.
Thanks for helping us create a safe, enjoyable, and lawful community. If you have any questions about these guidelines, don't hesitate to reach out. Happy browsing!
We want to ensure everyone uses our Platform, services, and products responsibly and per our rules. If someone isn't following these rules, we might have to close their account or stop them from accessing the Platform. If this happens, we ask that you immediately stop trying to use or access our offerings. Additionally, make sure not to try to get around any restrictions we've put in place.
We're also committed to keeping our Platform safe, but we might need to report any misuse to the proper authorities. Plus, if necessary, we may share information about the misappropriation with those authorities to help address the issue. Our main goal is to ensure a respectful and safe environment for all our users.
We're excited to have you share your thoughts, reviews, comments, and other creations (collectively, "User Content") with our community and us! Before you leap into posting, here's a quick guide to make sure we're all on the same page:
Sharing Your Content
Your Rights and Responsibilities
We don't want to get tangled in legal misunderstandings like you. Our goal is to maintain a platform where everyone feels welcome and valued. Your participation means you're on board with these simplified terms, designed to ensure a positive and creative environment for all.
Here's to building something great together - happy posting!
While we strive to ensure the content users share is lawful, accurate, and suitable, we cannot guarantee that all User-Generated Content will meet these standards. Consequently, you might encounter content that you find offensive, illegal, misleading, or not up to par. It's important to note that we do not support any content that doesn't align with our views or guidelines. We also want to clarify that we are not responsible for any User-Generated Content nor any actions taken (or not taken) in response to such content. By using our Platform, you agree not to hold us liable for any issues arising from User-Generated Content.
If you encounter any content that violates these principles, please don't hesitate to inform us at [email protected]. Remember, the responsibility for any user-posted content rests with the individual who posted it, regardless of whether we choose to moderate it.
Community Respect & Privacy:
Our members' privacy is a top priority. This means no collection of fellow members' info without their consent — that includes email addresses or any other personal data via scraping or any automated tool.
Promotions & Communication:
We love the enthusiasm, but there's a proper place and way. Please refrain from unsolicited promo blasts, spam, or bulk unsolicited messages within our member areas. And, if you're into sharing user-generated content, remember consent is vital.
Unsolicited Messages – The Cost:
If unsolicited messages are found to our members through you, know it hits us hard. Not just in spirit but operationally. Hence, each unsolicited message will cost you $150 as a fair estimate of the trouble caused. Found not following these rules? Expect a formal notice, and be prepared to cover the dues. Ignoring this could lead to restricted access or even a goodbye to our services and Platform.
Looking to Advertise?:
Do something to share that you believe our members will love. Reach out directly to [email protected]for advertising inquiries.
Our Relationship with You:
, our connection doesn't make us business partners, joint adventurers, or employers. When we step into the arena on behalf of an Author, it's strictly to showcase products and facilitate transactions—no hidden strings attached.
Handling Disputes:
Your interactions with other members? They're for you to manage. While we hope for harmony, should disputes arise, navigating and resolving them is on you. We'll keep an eye out, but stepping in isn't guaranteed.
Personal Information & Privacy Policy:
Are you curious about how we handle your data? Our Privacy Policy lays it all out, forming part of these Terms. By sticking around, you're saying a big 'yes' to how we manage personal information, as detailed in privacy-policy.
Staying in Touch:
Emails are our go-to for chats and updates. Ensure your email is up to date so you do not miss out. Not in your inbox? Maybe check that spam folder. Can't find our emails? We're clear of responsibility for missed memos, but we're here to help ensure smooth communication.
By being here, you agree to these terms. Let's keep our space respectful and innovative!
Exploring Beyond Our Site
We're all about helping you discover new things, so we sometimes provide links to other websites we think you might find interesting. Remember, these links are just for your convenience and curiosity. We don't control those other websites, meaning we can't guarantee the stuff they post – whether it's advice, opinions, or anything else – is accurate or reliable. When you visit these third-party sites, you're stepping into their world, and our terms won't protect you there.
Navigating to New Destinations
Our rules and protections apply to using our website, Platform, and services only. You're alone if you venture into other websites we link to (or from). It's not always obvious when you're leaving our space and heading into someone else's, so we encourage you always to check out the rules and privacy policies of any site you visit. Being informed before sharing your info or making deals with other sites.
What We Can't Do
Even if you found another website through a link, came to us from another site, or stumbled upon a site connected to us, we can't take responsibility for what you'll find there. This includes accurate or legal things, such as their content or how they handle privacy.
We also can't be held accountable for any ads or products from third-party vendors that appear on our site. Any business deals or disputes you have with advertisers you found through our Platform are between you and them – we're not involved.
Linking Rules
If you want to share something from our Platform on other sites, please link to the full page where the content lives, not directly to the media file. Avoid tactics that make our content appear as part of another site or surrounded by content that is not from us. We have the right to ask you to remove links to our site if needed.
Disclaimer and Keeping It Safe
Use at Your Own Risk
We aim to keep our site and services running smoothly and safely. However, everything we offer is provided "as is," without guaranteeing that it will be perfect or suit every need. We can't promise that our service will be uninterrupted or error-free. In other words, you use our website, Platform, products, and services at your own risk, and we don't offer any explicit guarantees about them.
Please stay safe and informed as you browse and interact with our site and others.
Product Disclaimer
Please note that we do not individually verify each Product's consistency, accuracy, or manufacturability. Products can contain errors that may render them unsuitable for their intended purpose. All purchases made are final. By downloading a product, you accept it "as is" and assume all associated risks. We bear no responsibility for any omissions, errors, or defects in the products, regardless of their nature or impact on the Product's usability or safety.
Limitation of Liability
To the fullest extent permitted by applicable law, neither we nor any associated parties will be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from your use or inability to use our website, Platform, service, or any products obtained through us. This includes but is not limited to, damages for loss of profits, even if we have been advised of the possibility of such damages. Our total liability to you for all claims arising from your use of our services and products will not exceed the greater of $10.00 or the amount you have paid us for access to and use of our services and products.
User Indemnity Agreement
You agree to indemnify and hold the Y.I. Parties harmless from any liabilities, claims, damages, costs (including reasonable attorney fees), and losses incurred due to your breach of these terms or through your use of our website, Platform, services, or products. This indemnity extends to issues arising from content you have contributed to the Platform. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such cases, you shall provide us with the cooperation we reasonably request.
Summary
You must carefully read and understand these terms, as they outline your legal rights and obligations when using our services and products. They highlight the limitations of our liability concerning the products offered and your responsibilities in case of a legal dispute. Your continued use of our services is contingent upon your acceptance of these conditions.
Updates and Changes
We reserve the right to modify or discontinue our services, platform features, or any products we offer through the Platform at any time without prior notice and without incurring liability. These changes may include but are not limited to, updates to the website's appearance, functionality tweaks, and alterations in our API that may affect how the services or products are delivered through other websites and platforms.
Liability and Indemnity
Authors on our Platform provide each Member who purchases a license for the Author's Product with a limited form of indemnity under the following conditions:
then the Author will cover the Member against any court-awarded damages or agreed settlement amounts concerning that claim.
The possibility of our involvement would be solely in a supportive capacity, representing the Author's interests.
Apart from wilful misrepresentations about a product, an Author's liability to Members will not exceed the amount the Author earned from the sale of the implicated Product.
Notice and Takedown Policy
We respect the intellectual property rights of others. If you believe your rights have been infringed upon by any product offered through our Platform, please notify us immediately at [email protected] with the following information:
Upon receipt, we will examine each complaint and communicate our decision. Should we determine if any product infringes upon intellectual property rights, we will promptly remove such Product.
For concerns about product appropriateness or legality, we encourage reporting with a rationale for the removal request. Concordant with our findings, we will remove any content deemed unlawful or inappropriate.
Lastly, should we decide against removing a contested product, your recourse will be limited to actions against the originating Member and not against us directly.
Flexible Enforcement and Actions Against Violations:
Remember, just because we haven't taken action in some cases when our Terms of Use were violated doesn't mean we won't act in future situations, even if they look similar. Please don't take our silence or inaction as us being okay with the violation or not noticing it. And just because we waived a rule for one person doesn't mean we'll do it for everyone. Sometimes, we might wait before taking action, but that doesn't mean we're giving up our right to do so later. Also, if we do something that seems to go against these terms, it doesn't mean we've changed the rules altogether.
If Some Terms Are Invalid:
If a court finds part of these Terms of Use unreasonable or unenforceable, it doesn't affect the rest of the terms. The part that's not okay will be removed for that specific area where the court said so.
Laws That Apply:
Everything about these Terms of Use is under the laws of British Columbia, Canada, and the federal laws of the USA that apply there. We don't follow the rules from other places.
Your Rights Under Consumer Laws:
You might have other rights under the consumer protection laws where you live, and we're not trying to take those away. If a problem falls under those rights, the people who make our products or we will try to fix it by replacing the Product or covering the cost of the issue.
Solving Problems Without Courts:
We want to solve problems without getting courts involved whenever possible. If you have an issue, please get in touch with us at [email protected]. If we can't solve it casually, you need to formally tell us about it by sending a letter with your details, the issue, and what you think should be done to fix it. Please send it to our address in Vancouver, BC, with an email copy. We promise to look into it and get back to you quickly.
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This version simplifies the original legalese into more understandable language while maintaining the same essential information.
Revised Text for a General Audience
Understanding How Disputes Are Handled
When it comes down to resolving disagreements concerning the use of our services or products, here's what you need to know:
Primarily, we aim to settle any issues amicably. However, if we can't find a solution that satisfies both parties, here's our approach — as long as it's in line with the laws of your area:
If arbitration isn't feasible in specific scenarios, as determined by applicable laws, the jurisdiction for resolving disputes defaults to courts in Vancouver, British Columbia. Here, the local laws of British Columbia and applicable federal laws of the USA will guide the proceedings.
Enforcement of Intellectual Property Rights
If there's unauthorized use of the products authored by individuals we represent, we are authorized to enforce their intellectual property rights. By using these products, you acknowledge our role in potentially representing these authors in any related discussions or proceedings.
When Terms Are Violated
Should you not adhere to these or any specific License terms linked to our products, we reserve the right to take one or several actions. These include issuing a warning, engaging in informal discussions, opting for arbitration as described above, or taking the matter to the courts in Vancouver, British Columbia, or a jurisdiction relevant to the infringement or where you have assets.
We're committed to ensuring a smooth and respectful resolution process and appreciate your understanding and cooperation.
Account Management
We hold the authority to terminate, suspend, or limit your account and service usage without prior notice or liability under certain conditions, including but not limited to breaches of our Terms of Use, legal infractions, inappropriate conduct, or excessive burdens on our network and servers. We may also implement technological measures to manage platform load, and we expect these limitations to be respected.
Custom Service Project Opportunities
Shirtsmockup also allows members to commission custom jobs via a Custom Service Project, including mockups or PNG images. Depending on the membership level, these custom projects may qualify for additional discounts, although the discount rate is subject to change.
Members interested in a Custom Service Project should provide a detailed brief outlining the project scope, intended use, and any other information Shirtsmockup may require. Following the submission, we may contact you for further details. After clarifying the project requirements, we will offer a quoted price and expected completion timeline.
Pricing for Custom Service Projects reflects their complexity, with some standard rates available on our website and custom quotes provided upon project brief acceptance.
Members have full autonomy to accept or decline the quoted Custom Service Project. If accepted, members must pre-pay the total quoted amount to Shirtsmockup, which includes any applicable taxes. Shirtsmockup will hold these funds on behalf of the involved parties until project completion. No work will begin until payment is confirmed. Acknowledging the contractual relationship between the Member and the project author(s) is crucial, excluding Shirtsmockup. Upon satisfactory completion of the custom job, Shirtsmockup will release payments to the Author (s), who receive a non-exclusive, royalty-free license to showcase the completed work, attributed correctly, in their portfolio.
Welcome to our digital product platform's refund policy. We understand the importance of satisfaction and trust in purchasing digital products and strive to ensure our policy is both fair and transparent.
Final Sales Policy: All sales are considered final. Given the unique nature of digital products, refunds are generally unavailable except when the Product delivered significantly differs from its advertised preview. We encourage you to carefully review the product previews and descriptions to ensure they meet your needs and expectations before purchasing.
Seeking a Refund: If you believe your purchase qualifies for a refund under our policy exception, please get in touch with us directly at[email protected]rather than initiating a dispute with your payment provider. Disputing a charge with your payment provider will temporarily suspend your account while resolving the conflict. We aim to work directly with you to quickly address and resolve your concerns.
Pricing Changes: Our prices are subject to change without advance notice, and we do not offer price protection or refunds in the event of a price reduction or promotional offering after your purchase.
Use of Credits: Any credits remaining in your account are non-refundable and cannot be exchanged for cash. This includes scenarios where you choose to close your account or if we must terminate your account due to policy violations.
License to Use Digital Products
Eligibility: You are eligible to download and use our digital products if:
License Agreement: When purchasing a digital product from us, you acquire a license to use the product subject to the terms of the accompanying license agreement. It's important to understand that you are not buying the Product or any associated intellectual property rights; you are obtaining a limited right to use it by the license terms. We encourage you to review these terms carefully before completing your purchase.
Intellectual Property: The intellectual property of digital products belongs to the creators of these products. Our Platform acts as an intermediary, facilitating transactions and granting licenses on behalf of the creators. In cases where we own the intellectual property of a product, we serve as the licensor directly.
Product Use in Promotions: Some products may be tagged explicitly for editorial use only and include additional usage terms. Products used in contests and promotions must have the express written consent of shirtsmockup. Using our products in these contexts grants Shirtsmockup a non-exclusive, royalty-free, limitless, and worldwide license to use these products as part of the contest or promotion.
Derivative Works: You are welcome to create and use derivative works from our digital products for various applications, including but not limited to website illustrations, marketing materials, and advertising campaigns. However, any products created cannot be sold or offer value derived primarily from the original work.
Thank you for choosing our Platform for your digital product needs. Your satisfaction and trust are paramount to us, and we're here to support your success. If you have any questions regarding this policy or the use of our products, please feel free to contact us.
We're excited to see the creative ways you'll utilize our mockups. Here's a straightforward guide to help you understand how to use them.
How You Can Use the Mockups:
What You Shouldn't Do:
A Word on Licenses:
We have two types of licenses for our mockups: Standard and Enhanced.
Why These Terms Matter:
Even if the law in your area says differently, these rules are in place to ensure a fair and respectful environment for all users and creators. By accessing our Platform, you agree to these terms, which will help us continue offering diverse and high-quality mockups to all our users.
Thanks for choosing to use our mockups! We can't wait to see what you'll create.
Uploading Your Creations
To share your designs, ensure you're a registered member. If you are teaming your products with Shirtsmockup, you agree to adhere to the terms in this section, which remain active until termination by either party. If you wish to discontinue at any time, please refer to our "Term and Termination" process. Remember, the foundational terms (parts A and B) apply even if you're not actively uploading.
For clarity, obtaining a license for free products from our Platform is considered a purchase under these terms.
Exclusive Marketing Rights
By joining our Platform, you're appointing us as your exclusive marketer. This means we're your go-to agent for showcasing your products to potential customers globally and managing license transactions on your behalf.
In more technical terms, you're giving us a comprehensive, worldwide license to use, modify, and transform your products to showcase and sell to interested buyers. What's crucial here is this relationship is exclusive—meaning you agree not to offer or license your products through anyone but us.
Don't fret; you always have control over your creations. You can remove some or all of your products from our Platform anytime. Please remember that previously granted licenses to our members or us will remain active, continuing under their original terms.
Lastly, we might also use your products or your name to promote our Platform beyond just displaying and licensing your work. This could include marketing efforts or sales promotions to attract more people to discover and license your creations.
Remember, at any time, you can withdraw your work from our Platform—excluding specific types like Mockups or PNG Images—which must remain as per our initial Agreement. Any modification you wish to make to the licensing terms after joining won't affect existing agreements with members who've already purchased your Product.
We're here to ensure your creations find a home and an audience that appreciates them while respecting your rights and intentions as a creator. Thank you for choosing to share your creativity with our community.
If you want to earn commissions by bringing new customers to our Platform, here's what you need to know. These guidelines are in addition to our general terms but are specifically tailored for our Affiliates.
Becoming an Affiliate:
Earning Commissions:
Tracking Referrals:
Key Takeaways:
Should these terms no longer suit you, you can terminate your Affiliate account anytime. However, remember that the primary terms of service will still apply.
We're excited to have you onboard and look forward to a fruitful partnership! Should you have any questions or need clarification, don't hesitate to contact The Rubenstein Group directly.
Simplified Affiliate Payment Terms
Getting Paid for Referrals
Joining our affiliate program means you'll earn money whenever someone you refer makes a purchase, including Products and Golden Ticket Memberships, within their first year. It's our job to handle the payments from your referrals, and we'll add your earnings directly to your account statement, which is called Affiliate Earnings. These earnings are calculated as a percentage of your referrals spent on our Platform throughout the year, starting from their first purchase. Remember that we may adjust your earnings for any taxes, fees, or refunds.
Only the money you make from your Affiliate Earnings is yours to keep. Any funds you've spent or deposited with us as a Member are not part of your referral earnings.
Cashing Out
We have set a minimum amount your earnings need to reach before you can withdraw them. This minimum threshold is visible in your account. You can ask us to hold off on your earnings until you can cash out. Unless you instruct us otherwise, we aim to pay you on the 15th day of the month after you request a withdrawal. This includes any royalties, allotments, or commissions you are owed. Payments can take a few days to process, and you must give us accurate payment details to avoid delays.
If Payment Issues Arise
Suppose we can't pay you due to incorrect payment details and the inability to contact you. In that case, you haven't asked for payment or legal/banking restrictions; we'll keep holding your earnings safely until everything is sorted out.
Currency and Conversion Fees
We pay out Affiliate Earnings in U.S. dollars. It's up to you to handle or cover any fees related to converting that money into your preferred currency, which your bank might charge.
Refunds and Chargebacks
If your referral's payment is refunded or charged back, it won't count toward your Affiliate Earnings.
What Not To Do
To maintain a healthy affiliate relationship, avoid these actions:
Our Promise and Your Conduct
We expect all affiliates to follow laws and our guidelines. If an affiliate does not adhere to these, we might hold earnings or deactivate the account. Feel free to contact us with issues or for improvements – we're here to help!
This summary is meant to clarify how you can earn and manage your affiliate payments. We're excited to have you onboard and look forward to a prosperous partnership!