THREADLESS.COM COMMUNITY GUIDELINES AND TERMS OF USE

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

1. YOUR ACCEPTANCE

By using and/or visiting the www.threadless.com website or any other website owned by Threadless.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 skinnyCorp and its parents, subsidiaries, affiliates, successors, and assigns (collectively "Threadless.com"). 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 Artist Shop Policy is an agreement between Threadless.com and artists or designers who open an Artist Shop on the Website to offer and post for sale products featuring their own artwork. You can read this policy here.

• The Rules for Buyers set forth the rights and obligations of users who visit the Website to browse or shop. You can read this policy here.

• The Threadless.com Privacy Policy here.

• The Threadless.com DMCA and Intellectual Property Infringement Policy here.

• The Policy Concerning Payments to Artists and Artist Shop Owners here.

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

3. GRANT OF RIGHTS

Threadless.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 Threadless.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, including but not limited to opening an Artist Shop, 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 user name that is vulgar, offensive, obscene, or attempts to impersonate another person. If Threadless.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 Threadless.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 Threadless.com if You suspect or know of any unauthorized use of Your password or account or any other breach of security. Threadless.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 Threadless.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 Threadless.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 Threadless.com ("Linked Websites"). Those links are provided for convenience only and may not remain current or be maintained. Threadless.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 Threadless.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 Threadless.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 Threadless.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 ("Artwork") 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 Threadless.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 Threadless.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 Threadless.com to use the User Submission.

You hereby grant Threadless.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 Threadless.com does not guarantee any confidentiality with respect to any User Submission.

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

8. LICENSE AND USE OF ARTWORK

Threadless.com’s services empower artists to earn money from their Artwork 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 Artwork you submit to the Website and to Your Artist Shop. The exception to this is Artwork submitted to the Website in a themed design challenge in which case the third party sponsor of the challenge may require ownership of all Artwork submitted in that challenge. Please refer to the rules applicable to any design challenge you enter.

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

With the exception of Artwork submitted through contests, design challenges, surveys, games or other promotions (collectively, "Promotions"), you may delete your Artwork 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 Artwork by You (in the case of an Artist Shop), or by Threadless (by emailing artist.help@threadless.com), the licenses above will terminate, except that, to the extent any Artwork has been incorporated into merchandise purchased and/or manufactured by Threadless.com prior to Your removal, Threadless.com may sell-through all such merchandise until it is depleted. The terms regarding payment to Artists apply to such sales. Threadless.com may also continue to use your Artwork in marketing and promotional materials if such materials were created prior to Your removal of the Artwork from the Website. For Artwork submitted through a Promotion, such as an ongoing Threadless Design Challenge, please also refer to section 21 of these Terms of Use.

9. IMPROPER USE OF WEBSITE

You may not, in connection with the Website:

 

• Upload, post, email or otherwise transmit any material that conflicts with our Community Safety & Anti-Hate Policies;

• 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 Threadless.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, Threadless.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. Threadless.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 Threadless.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 Artist Shop.

• 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 termsofuse@threadless.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.

Threadless.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 Threadless.com Privacy Policy your sole recourse is to stop using the Website and services offered by Threadless.com.

12. MODIFICATIONS TO THE WEBSITE

Threadless.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 Threadless.com has no obligation to update, store, maintain or correct any information on the Website. Threadless.com shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website.

13. TERMINATION

Threadless.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, or discrimination, harassment, violence, or threatening behavior of any kind; and/or (viii) nonpayment of any fees owed by You in connection with the Website or any other Threadless.com product or service. Threadless.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 or Your Artist Shop; (iii) barring further use of the Website; and (iv) closing your Artist Shop. Further, You agree that Threadless.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, Threadless.com shall have the right to retain copies of all User Submissions in its archives for its internal business purposes and legal purposes.

Threadless.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, Your account, or Your Artist Shop.

14. WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THREADLESS.COM, AND ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF THREADLESS.COM, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THREADLESS.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. THREADLESS.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND THREADLESS.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 THREADLESS.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 THREADLESS.COM, OR ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF THREADLESS.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 THREADLESS.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 Threadless.com from its facilities in the United States of America. Threadless.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 Threadless.com, and any director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Threadless.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. Threadless.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 THE UNITED STATES

Threadless.com is a global community. Our servers and operations are, however, located in the United States, and our policies and procedures are based on United States law. As such, the following provisions apply specifically to users of the Website that are located outside of the United States: (i) You consent to the transfer, storage, and processing of your information, including but not limited to any personal information, to and in the United States and/or other countries; and (ii) if you are using the Website from a country sanctioned or embargoed by the United States, or are on the United States Treasury Department's list of "Specially Designated Nationals," 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 Threadless.com without restriction.

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

The Website is owned by skinnyCorp LLC. The Website and its original content, features, and functionality are protected by U.S. and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws. The Website displays trademarks owned by skinnyCorp LLC, including but not limited to THREADLESS, and trademarks, copyrights, and other intellectual property owned by Website users, Artist Shop Owners, 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 Threadless.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 the State of Illinois 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 Cook County, Illinois, 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 Threadless.com (and Threadless.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. If You are a California resident, You waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

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 Threadless.com’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Threadless.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 Threadless.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 Threadless.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 termsofuse@threadless.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, Threadless.com in its sole discretion may investigate the matter and take such action as Threadless.com determines to be appropriate.

These Terms of Use were last revised in July 2020.

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 US dollars. Prices and products may change at Threadless.com's discretion. Threadless.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 Threadless.com. Title and risk of loss for all products ordered by you shall pass to you upon Threadless.com's shipment to the shipping carrier. Threadless.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

Threadless.com attempts to be as accurate as possible to provide a compelling user experience. However, Threadless.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 Threadless.com, or in an Artist’s Shop, is not as described, your sole remedy is to return it pursuant to Threadless.com's Return and Refund Policy here.

3. RETURN POLICY

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

ARTIST SHOP POLICY

By opening an Artist Shop on the Website You agree to this Artist Shop Policy which is a part of the Terms of Use.

1. ARTIST SHOP SET UP

Your Artist Shop 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 an Artist Shop name that is vulgar, offensive, obscene, or attempts to impersonate another Artist Shop owner; You may not name Your shop by using a third party’s trademark; and, when creating Your Artist Shop, You must provide true, current, accurate and complete information about yourself.

2. YOUR ARTWORK

Please refer to the License and Use of Artwork section in the Terms of Use, which applies to all Artist Shop owners. With respect to Artwork displayed by You in Your Artist Shop, it will be sold according to Your specifications and via the Website only. In addition, unless you elect to opt out of Managed Pricing, Threadless will manage the pricing of your products. Artwork displayed in an Artist Shop will not be distributed to third party retailers or distributors for further sale or distribution, unless otherwise agreed by You and Threadless.com.

3. REMOVAL OF ARTWORK AND CLOSING OF ARTIST SHOP

You may delete Your Artwork from Your Artist Shop or close Your Artist Shop 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 Artwork displayed in Your Artist Shop has been incorporated into merchandise purchased and/or manufactured by Threadless.com prior to the deletion of Your Artwork or closing of Your Artist Shop, Threadless.com may sell-through all such merchandise until it is depleted. The terms regarding Payments to Artists and Shop Owners apply to such sales. Threadless.com may also continue to use your Artwork in marketing and promotional materials if such materials were created prior to Your removal of the Artwork from the Website, and/or the deletion or closing of Your Artist Shop.

4. TAGS, PRODUCT DESCRIPTIONS, AND LABELING AND DESCRIBING THE ARTWORK AND PRODUCTS IN YOUR ARTIST SHOP

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

At the time You post products in Your Artist Shop, You will be asked to provide information (title, description, tags, categories) about Your products and Artwork so that visitors to Your Artist Shop can search and find relevant products.

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

You agree to use the Website and conduct Your Artist Shop in a manner that demonstrates common sense and respect for the rights of Threadless.com, other artists, 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 Artist Shop:

 

• Only use accurate and relevant terms that describe the specific products in Your Artist Shop.

• You may not intentionally misspell Your product names (unless such misspelling is part of the Artwork).

• 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 Artwork or products.

 

You may report problems, offensive content, and policy violations in the Artist Shops to us at termsofuse@threadless.com.

5. ENFORCEMENT/TERMINATION

Threadless.com may take the following actions to enforce the terms of this Artist Shop 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, Threadless.com will, in its sole discretion, withhold payment and/or shut down an Artist Shop.

 

Additionally, Threadless.com reserves the right to remove, limit, suspend, or terminate Your account or Artist Shop, prohibit access to Your Artist Shop and its content, and discontinue its relationship with any users that Threadless.com determines in its sole discretion are in violation of the Terms of Use. The rules regarding Termination apply to Artist Shops.

6. PAYMENTS, TIMING OF PAYMENTS, AND INELIGIBLE SALES

Please refer to the "Policy Concerning Payments to Artists and Artist Shop Owners."

7. ARTIST SHOP ORDERS AND CONTACT INFORMATION

For customer orders made in your Artist Shop, Threadless.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. Additionally, please refer to our Data Processing Addendum here, which governs how we collect and handle personal data. Threadless.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 Threadless.com. This includes applicable data protection and privacy laws which govern the ways in which you can use such information that may be shared.

8. YOUR RESPONSIBILITIES

By selling on Artist Shops, you will receive and must determine what to do with certain personal information, such as when communicating with users and entering into transactions with buyers. This means you process personal information (for example, buyer name, email address, and shipping address) and, to the extent you do so, under EU law, you are an independent controller of data relating to other users that you may have obtained through Artist Shops.

You are responsible for protecting user personal information you receive or process and complying with all relevant legal requirements when you use Artist Shops. This includes applicable data protection and privacy laws that govern the ways in which you can use a user’s information.

As a data controller, to the extent that you process user personal information outside of Artist Shops, you may be required under applicable data protection and privacy laws to honor requests for data access, portability, correction, deletion, and objections to processing. Also, if you disclose personal information without the buyer’s proper consent, you are responsible for that unauthorized disclosure. This includes, for example, disclosures you make or unintentional data breaches. For example, you may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for marketing communications related to your Artist Shop. You may not use this information for unsolicited commercial messages or unauthorized transactions.

If Artist Shops and you are found to be joint data controllers of personal information, and if Artist Shops is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Artist Shops for the expenses it occurs in connection with your processing of buyer personal information.

POLICY CONCERNING PAYMENTS TO ARTISTS AND ARTIST SHOP OWNERS

By submitting Artwork to the Website and/or opening an Artist Shop, You authorize Threadless.com to display the Artwork, and to manufacture, sell and distribute products displaying your Artwork. You also authorize Threadless.com to collect and hold the retail price ("Retail Price") of all products displaying your Artwork that are purchased via the Website.

The Retail Price charged to customers who purchase products featuring Artwork includes the (i) manufacturing fees, (ii) Threadless.com’s fee for hosting the marketplace and/or Your Artist Shop, (iii) a processing fee for facilitating the transaction equal to 5% of the Retail Price, (iv) a licensing royalty if the design involves a third party license (the manufacturing fees, Threadless.com’s fee, the processing fee and licensing royalty are referred to collectively, and inclusive of tax, as the "Base Fee"), (v) Your compensation (the "Artist Compensation"), (vi) any relevant tax (such as GST, VAT, etc), and (vii) shipping charges.

You authorize Threadless.com to deduct both (i) the Base Fee and (ii) any shipping charges from the Retail Price of the product(s) featuring your Artwork before distributing the remainder (i.e., the Artist Compensation and tax where relevant), to You. Unless you opt out of Managed Pricing, in no event will the Artist Compensation be less than 10% of the item’s sale price during promotional pricing events with the exclusion of skateboards. Skateboards minimum earnings are $2.50 per unit on items sold at retail price less than $50.00, $5.00 per unit between $50.00 and $99.99 and $10 per unit between $100.00 - $199.99.

On certain limited occasions Threadless may include the Artwork in miscellaneous items such as, without limitation, calendars or books that promote the Threadless brand or community, and You will not be owed or paid any royalties or payments for such use.

Timing and Method of Payment to Artists and Shop Owners. Payments will be made on a monthly basis, via PayPal. You are required to provide Threadless.com with Your PayPal account information. You will not be charged by PayPal for any payment made to You by Threadless.com. You alone are responsible for the payment of any tax that arises as a result of receiving any payment from Threadless.com, its subsidiaries, related companies, partners or licensors.

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

Artist Shops Base Fees. If you've opted out of Managed Pricing, you are responsible for setting your own prices at or above the provided Base Fees. In addition, there is no minimum Artist Compensation guaranteed to an Artist Shop Owner who has opted out of Managed Pricing.

Threadless Marketplace Base Fees (sold through Threadless). The prices for Artwork sold on the Threadless Marketplace, are set by Threadless.com and are subject to change in Threadless.com’s discretion. If there is a discrepancy regarding Threadless Marketplace Managed Pricing, Threadless reserves the right to apply the base fee deemed appropriate for the situation.

THREADLESS.COM DMCA AND INTELLECTUAL PROPERTY INFRINGEMENT POLICY

Threadless.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 Threadless.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;

• Use, copy, or imitate trademarks belonging to others in any manner that misleads consumers or violates the trademark rights of others;

• Infringe any intellectual property rights belonging to others.

 

Threadless.com reserves the right, in its discretion, to remove any User Submission if it believes that it may infringe the intellectual property rights of any third party, and/or to terminate the accounts of users believed to be infringers.

DMCA AND INTELLECTUAL PROPERTY INFRINGEMENT TAKEDOWN NOTIFICATION

Take-Down Notice. If You are a copyright, trademark, or intellectual property owner or an agent thereof and believe that any material on Threadless.com infringes Your copyrights, trademarks, or intellectual property rights, You may submit a notification by providing Threadless.com with the following information in writing:

 

• A physical or electronic signature of the intellectual property owner or the person authorized to act on behalf of the owner of an intellectual property interest that is allegedly infringed;

• Identification of the material claimed to have been infringed;

• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Threadless.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 Threadless.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 intellectual property owner or are authorized to act on the intellectual property owner’s behalf.

 

See 17 U.S.C 512(c)(3) for further information regarding claims of copyright infringement.

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

DMCA Complaints

skinnyCorp, LLC

One Westbrook Corporate Center

Suite 300

Westchester IL 60154

Phone: 773 878 3557

Email: dmca@threadless.com

Please send all other notices of claimed intellectual property infringement to:

Intellectual Property Complaints

Threadless.com

One Westbrook Corporate Center

Suite 300

Westchester IL 60154

Phone: 773 878 3557

Fax: 888 595 3258

Email: termsofuse@threadless.com

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

Threadless.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 above requirements, Threadless.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.

 

COPYRIGHT / DMCA COUNTER-NOTICE PROCEDURE

If You have a good faith belief that you received a copyright infringement notice under the DMCA as a result of a mistake or misidentification, you may consider submitting a counter-notice. Threadless.com accepts counter notices submitted in response to copyright takedowns only.

Counter-Notice You may send a counter-notice to Threadless.com’s Designated Agent, shown above, 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 federal district court in the judicial district in which Your address is located, or if Your address is outside of the United States, 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.

 

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

If, within 10 business days of our receipt of your counter notice, the party who submitted the initial copyright claim doesn't inform us of an action seeking a court order against you, the material specified in the counter notice may be reactivated. Reactivating the material before this time may result in account termination. If you have any questions or concerns, please consult an attorney. You may also consider communicating directly with the party who filed the initial infringement claim.