DSGN TREE TERMS OF SERVICE

WELCOME TO DSGN TREE!

The DSGN Tree provides curators with the ability to create and sell custom apparel. We offer the DSGN Tree Service subject to the following Terms of Service, specifically including DSGN Tree’s Privacy Policy and Acceptable Use Policy. If you do not agree to these Terms of Service, you are not authorized to use the DSGN Tree Service. To note, these Terms of Service apply to all of our products and services. If we include some additional terms for tools you can download from the Service or other services, those provisions are incorporated into these Terms of Service.

USE OF THE DSGN TREE SERVICE

Information You Provide: Certain features of the DSGN Tree Service requires curators to work with the DSGN Tree team.. If you choose to work with us, you agree to provide and maintain accurate, current and complete information about yourself. Registration data and personal information about you are governed by our Privacy Policy.

Social Networking Services: DSGN Tree has no control over the way Social Networking Services use, store and disclose your information. Please review their policies to understand their privacy-related practices. DSGN Tree also has no control over the content made available through any Social Networking Service. Please review their policies to understand their content-related practices. DSGN Tree does not have any liability or responsibility for the acts or omissions of any of the Social Networking Services accessed through the DSGN Tree Service. DSGN Tree enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

Age Requirement: If you are under 13 years of age, you are not authorized to use the Service. If you are under 18 years old, you may use the DSGN Tree Service only with the approval of your parent or guardian.

Applicable Laws: In connection with your use of the DSGN Tree Service, you will comply with all applicable laws, regulations and industry standards.

General Practices and Instructions Regarding Use: You will comply with any instructions provided to you by DSGN Tree in connection with your use of the DSGN Tree Service. DSGN Tree may establish general practices and limits concerning use of the DSGN Tree Service. DSGN Tree reserves the right to change its instructions, general practices and limits at any time, in its sole discretion, with or without notice.

CURATORS: CREATION AND IMPLEMENTATION OF DSGN TREE DESIGNS

The DSGN Tree Service allows curators to create designs and sell custom merchandise and apparel through those designs. Following are specific obligations concerning the initiation of any design. To the extent any design violates these Terms of Service, we may choose to terminate, delay or modify the design in our discretion.

DSGN Tree does not claim any ownership rights in the content you provide to the DSGN Tree Service. Please be sure you maintain copies of all of your work. DSGN Tree has no responsibility or liability for the deletion or failure to store any content or information uploaded to the DSGN Tree Service.

DSGN Tree retains all ownership rights in any designs created by DSGN Tree designers and may not be used by you, other than in connection with your designs on the DSGN Tree Service, without DSGN Tree’s express written consent.

For the purpose of implementing and fulfilling your design and for the purpose of advertising the DSGN Tree Service in any medium DSGN Tree chooses, you hereby grant DSGN Tree a nonexclusive, worldwide, fully paid up, transferable, sublicensable license under your Design Rights to copy, display, distribute, modify the content you upload to the DSGN Tree Service (including all related images, text, content and information).

Acceptable Use; Indemnity: Your use of the DSGN Tree Service, including the creation and implementation of product designs, is subject to these Terms of Service (including our Acceptable Use Policy). To the extent any design violates or is alleged to violate our Acceptable Use Policy or any other part of these Terms of Service, in addition to any other remedies, you agree that DSGN Tree has the right to withhold and redirect any funds collected relating to the design, which funds will be disbursed based on DSGN Tree’s internal policies (for example, DSGN Tree may give the funds to a charity where a design falsely states it is raising funds for that charity, or DSGN Tree may apply such funds to any judgment or settlement, and/or the reimbursement of DSGN Tree’s expenses, resulting from a third party’s claim of infringement) and to control the defense or settlement of any claim or suit resulting from any such violation or alleged violation; and you agree to fully cooperate with DSGN Tree in such activities. Without limiting the foregoing, you also agree to indemnify and hold DSGN Tree harmless from any and all liabilities, losses, damages and expenses arising out of your violation or any alleged violation of our Acceptable Use Policy or any other part of these Terms of Service.

Quality of Artwork and Promotions: Each design must meet reasonable production standards (e.g. a design may not include a low quality image that will not print well). All of your advertisements or promotional descriptions, including content that is uploaded to the DSGN Tree Service, must be accurate and correct and must not include any content concerning non-DSGN Tree activities, events, products, services or promotions.

Proceeds from Design: If you create a design through the DSGN Tree Service, you will be given a “base price” from DSGN Tree for each product. You will also have the opportunity to set the sale price for each product. Once your design is launched and products are sold, you will earn the difference between the base price and your sale price, less returns. You are solely and fully responsible for payment of any income taxes applicable to the amounts you earn through the DSGN Tree Service. Prior to receiving your payout, you may be required to provide additional information to DSGN Tree as needed by DSGN Tree to comply with its reporting obligations.

Charities/Fundraising: You represent and warrant that any design you create that implicitly or explicitly relates to a charity or fundraising effort is authorized by such charity or fundraising effort, and you will ensure that your design description clearly and accurately states the percentage of proceeds that will be donated and to whom those proceeds will be donated.

COPYRIGHT POLICY

DSGN TREE offers a web-based platform that allows its users to design and sell their own t-shirts and apparel. We prohibit our users from designing or selling merchandise that infringes the intellectual property rights of third parties (including without limitation copyright, trademark, and related rights). If you believe that a user of the DSGN TREE website has infringed intellectual property rights, please contact us directly.

It is a DSGN TREE policy to block or remove any content block access to or remove any content that it believes in good faith to infringe the intellectual property rights of third parties following receipt of a compliant notice.

If you believe that content residing on or accessible through the DSGN TREE constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please contact us immediately.

DSGN TREE does not, in any way, own the content of our curators. When a curator is featured on DSGN TREE they retain ownership of any copyright (and any other rights) that they may already hold. Our curators give us the right to sell and promote their content via social media and email designs. If you believe that curator content residing on or accessible through the DSGN TREE constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please contact us immediately.

DSGN TREE also allows Members and Visitors to share such User Content through third-party web services, such as Facebook and Twitter, and allows Sellers to offer Products bearing User Content to third parties. By using the Service, you acknowledge and agree that we do not guarantee access to and/or hosting of curator content on DSGN TREE.

ACCEPTABLE USE POLICIES

DSGN Tree is a service that enables anyone, anywhere, to bring their ideas to life. By removing every pain point and every risk we believe we can empower millions of people to launch their own products with the same quality and economies of scale as a major retail brand.

As a member of the DSGN Tree community, it’s likely that you and your designs will engage with people all around the world who come from many different backgrounds and walks of life. While we strive to maintain a platform for freedom of expression and allow members to demonstrate their views, we also work hard to create a safe and respectful platform. Therefore, we have some limitations as to what we’ll allow to be expressed and sold on DSGN Tree.

Generally speaking, DSGN Tree reserves the right to delay, shorten or terminate any design based on content concerns. To note, this Acceptable Use Policy is part of the DSGN Tree Terms of Service, which provides the terms of your use of the DSGN Tree Service.

HATE SPEECH AND HARASSMENT

We do not allow designs that promote or glorify hatred toward people based on their age, race, ethnicity, national origin, gender, gender identity, sexual orientation, disability and religion, including people, organizations or symbols dedicated to hatred against these groups. Additionally, we will not allow designs including content that bullies, attacks or threatens specific individuals.

NUDITY

We do not allow pornographic content in any design, including explicit or extreme representations of nudity or sexual activity. Any exploitation or presentation of minors is strictly prohibited. Tasteful photographs, including non-pornographic and artistic photographs, and nude cartoons or fictional works of art are ok.

VIOLENCE OR HARM

We do not allow content that promotes or glorifies harm or violence to individuals or others, including designs in support of self-harm, incitement to violent acts, and praise or reverence of terrorist groups or figures. Raising awareness or showing support for victims of violence or human tragedy is allowed, provided you don’t violate any intellectual property rights.

MISLEADING CLAIMS

We do not allow content in any design (image, title, description or url) that is false or misleading. This includes misrepresenting your affiliation with any person or entity, presenting untrue information about the origin of production of a product, or falsely identifying an intended recipient of your design profits. You may not run designs for charities without proper authorization, and understand that you are required to accurately represent the percentage of proceeds and to whom they will be donated.

ILLEGAL ACTIVITY

We do not allow designs that promote any illegal activity. This includes instructions on how to perform illegal acts or encouraging other forms of illegal activity. Political speech or discussions about topics or events that are illegal may be acceptable.

INTELLECTUAL PROPERTY

We do not allow designs that infringe upon the rights of any third party, including in the description, title and url of a design, or the text and images featured in the created merchandise.

BUYERS: PURCHASING OF MERCHANDISE

Payment: If you purchase any merchandise through the DSGN Tree Service, you will be required to provide DSGN Tree information regarding your credit card or other payment instrument. You represent and warrant to DSGN Tree that such information is true and that you are authorized to use the payment instrument. You will be responsible for all taxes associated with your purchase of merchandise through the Service.

Loss and Cancellation: Title and risk of loss for all merchandise ordered by you will pass to you on our delivery to the shipping carrier. We reserve the right to cancel any order for any merchandise for any reason.

Returns: You acknowledge and agree that goods produced by us for you are bespoke, custom-made goods. Other than where goods are faulty, you have no right to cancel any order or return any goods and all orders are final.

Waiver: Your purchase of an item using the DSGN Tree Service constitutes a waiver of any and all intellectual property, proprietary, personal, and privacy claims relating to that purchase.

THIRD PARTY WEBSITES

The DSGN Tree Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. DSGN Tree has no control over such sites and resources and DSGN Tree is not responsible for and does not endorse such sites and resources. DSGN Tree will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the DSGN Tree Service are between you and the third party, and you agree that DSGN Tree is not liable for any loss or claim that you may have against any such third party.

TERMINATION

DSGN Tree, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the DSGN Tree Service and remove and discard any content within the DSGN Tree Service, for any reason. Further, you agree that DSGN Tree will not be liable to you or any third party for any termination of your access to the DSGN Tree Service.

GENERAL

These Terms of Service constitute the entire agreement between you and DSGN Tree and govern your use of the DSGN Tree Service, superseding any prior agreements between you and DSGN Tree with respect to the DSGN Tree Service. The failure of DSGN Tree to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of DSGN Tree, but DSGN Tree may assign or transfer these Terms of Service, in whole or in part, without restriction. Notices to you may be made via either email or regular mail. DSGN Tree may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the DSGN Tree Service.

Questions? Concerns? Suggestions?

Please contact us with any questions regarding these Terms of Service or the DSGN Tree Service.

Last Revised September 2020