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Service Agreement E-Shirt Marketplace Terms and Conditions for Account-Opener This membership agreement is between Aajost Technologies, LLC from here on referred to as "Aajost Technologies, LLC" or "E-Shirt.com", and the member, hereby referred to as "you" or "your". This agreement between you and E-Shirt.com contains the terms and conditions of the E-Shirt.com marketplace. E-Shirt.com's Affiliate Program is hereby referred to as "Service". Items sold in your store will hereby be referred to as "Products". "Store" or "Stores" refer to your use of this Service to market Products to interested parties. You are agreeing to the terms and conditions represented here, by progressing past this agreement. 1. You certify that you are at least 18 years of age, and are entering into this agreement on your own behalf. 2. This User Agreement and Terms of Service constitute the entire agreement (collectively "Agreement") between Aajost Technologies, LLC and you with respect to the Service and supersede all other communications. This agreement covers all interactions with the service, including, but not limited to allowing you to create, produce, market and sell products through your store. 3. Aajost Technologies, LLC may change the User Agreement or Terms of Service at any time. Aajost Technologies, LLC will attempt to notify you of changes via the e-mail address on your account, but we are not responsible for the receipt of these e-mail notifications. The changes will also be published on the Service. By accessing the Service after a notice of a change has been published, you are agreeing to be bound by the change. If you do not agree to a change, you must terminate your usage as explained below. Aajost Technologies, LLC may discontinue or revise any or all other aspects of the Service at its sole discretion and without prior notice. 4. These Terms of Service will become effective immediately by accepting the Agreement where provided. 5. You must provide E-Shirt.com with accurate and complete contact and disbursement information when you open an Account. You must immediately notify E-Shirt.com if any of this information changes. If you do not provide E-Shirt.com with complete, accurate, and updated contact information, you may not be eligible to sell Products "for profit." Unless you and E-Shirt.com otherwise agree in writing, if your account balance exceeds the disbursement threshold, E-Shirt.com may distribute the balance of your account otherwise due to you as a contribution in your name to a 501(c)(3) charitable nonprofit organization of E-Shirt.com's choice if: (i) you fail to provide E-Shirt.com with accurate and complete contact information; and (ii) the funds remain outstanding for more than 12 months. If E-Shirt.com makes such a contribution, its obligation to you shall be reduced by the amount of that contribution. If your account is less than the distribution threshold, E-Shirt.com may at its discretion, close your account, at which point you will loose any account balance that remained in the account. 5a. Monthly payments made to store owners residing in countries other than the United States will be made via Paypal.com (http://www.paypal.com). Paypal.com supports all countries served by E-Shirt.com. In order to receive payments for sales made, your E-Shirt.com e-mail address must match the E-mail address for your Paypal account. If these e-mails do not match your account will be treated as an abandoned account. 6. You guarantee, warrant, and certify that you are not infringing upon or unlawfully, wrongfully, or improperly using any trademark, trade name, service mark, or copyright owned or claimed by another. You further guarantee, warrant, and certify that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any trademark, trade name service mark, copyright formerly or currently used by you in connection with the services rendered by E-Shirt.com. You shall indemnify, defend, and hold harmless the Aajost Technologies, LLC from and against any and all liabilities, costs or expenses which Aajost Technologies, LLC might incur arising from or relating to your infringement upon, or unlawful, wrongful, or improper use of a trademark, trade name, service mark, or copyright owned or claimed by another. 7. Additionally, Aajost Technologies, LLC shall not be liable for any injury or damage to any person or property whatsoever by reason of, or in any manner growing out of, your infringement upon, unlawful, wrongful, or improper use of a trademark, trade name, service mark, copyright, owned or claimed by another. 8. You will be required to choose and submit a password when registering for this service. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and Account, including, without limitation, any use by any unauthorized third party. You must notify E-Shirt.com immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify E-Shirt.com immediately if you become aware of any other breach or attempted breach of the security of your Account or the E-Shirt.com Service. 9. Aajost Technologies, LLC may terminate the Agreement at any time in the event of a breach of this Agreement by you or anyone accessing the Service. Aajost Technologies, LLC, at its sole discretion, may also terminate this Agreement at any time without cause, and may suspend access to the Service with or without notice, to any User. Additionally, accounts with no sales activity for 365 days, not logging in at least every 3 months, or not performing the initial log-on with 30 days may be terminated at the discretion of Aajost Technologies, LLC. Aajost Technologies, LLC retains the right to not distribution account balances on closed accounts if the amount in the account does not exceed the distribution threshold. 10. Aajost Technologies, LLC retains the right to remove designs from your store if the designs (i) Violate our public decency rules; (ii) Are determined by our staff as inaccurately categorized; (iii) Violate another owners copyright; (iv) or are not generating enough interest the E-Shirt.com community. If Aajost removes your design, you agree not to hold Aajost Technologies, LLC responsible for lost content, sales, artwork, or traffic. 11. You will be solely responsible for the creation of the electronic and digital Content that you upload or ship to E-Shirt.com, and will pay all costs associated with its creation and copies thereof, including, without limitation: (i) any compensation owed to third parties; (ii) Disbursements required by any agreement between you and any labor organization (such as unions or guilds); (iii) all studio, tape, editing, mixing, re-mixing, mastering and engineering costs; and (iv) all costs of travel, per diems, facilities and equipment, and the like. 12. You are responsible for and must provide all computer, telephone and other equipment and services necessary to access the Service. In addition, you are responsible for any access charges incurred through on-line services, telephone companies, or internet service providers used in obtaining access to the Service. 13. You are responsible for supervising any activities undertaken by a minor using your access, and you expressly ratify and confirm any actions taken in or affecting your access by a minor. 14. Aajost Technologies, LLC reserves the right to market the products in your store in using any channel available to them. This does not oblige Aajost Technologies, LLC to market the items in your store. 15. You may not modify, reverse engineer, create derivative works from, decompile or disassemble E-Shirt.com Service, or any portion thereof. 16. You may not sell your products through "spam", direct telephone sales, or any means deemed to be illegal. You may not market your product in a manner that would be detrimental to the efforts of Aajost Technologies, LLC to represent itself as a honorable company operating under principals of integrity. This includes "linking" your shop to any web site or websites that contain content that, if used on the E-Shirt.com web site, would violate any of the terms or agreements contained in this document. 17. To terminate this agreement you must notify Aajost Technologies, LLC in writing at feedback@E-Shirt.com. You must include your member e-mail, your store name(s), and your user password. If you or Aajost Technologies, LLC terminate your account and your current balance is less than the Disbursement threshold (see line #20), Aajost Technologies, LLC will charge a $10 processing fee when sending you your final Disbursement to cover the processing costs. If you or E-Shirt.com suspend or terminate your Account, E-Shirt.com may: (i) delete any Content or other materials relating to your account, and Aajost Technologies, LLC will have no liability to you or any third party for doing so and (ii) not allow you to access your Store or create, produce, market, or sell Products. If you or E-Shirt.com terminates your Account, you must immediately remove all links to the Web Site from any web sites you operate and cease representing yourself as a storeowner. 18. All prices and terms are subject to change. 19. Aajost Technologies, LLC does not control the messages, information or files delivered to the Service, and you understand that Aajost Technologies, LLC has no obligation to monitor the site. However, you acknowledge that it is Aajost Technologies, LLC's policy to cooperate with law enforcement agencies investigating illegal or improper activities relating to the Service and that Aajost Technologies, LLC reserves the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, that in Aajost Technologies, LLC sole discretion, are objectionable or in violation of the Terms of Service. Aajost Technologies, LLC will reserve the right to share your personal information with the parties involved in the copyright dispute. You may not upload, or permit others to upload, material to the Service if that material: (i) Infringes or violates the rights of others, (ii) is, or may be perceived by Aajost Technologies, LLC or other likely recipients as, defamatory, deceptive, misleading, abusive, profane, offensive, or inappropriate, (iii) Contains any virus or other content that may damage the Service, the network, or any other User's equipment or software, (iv) Unless expressly permitted by Aajost Technologies, LLC, contains any advertising or is otherwise for commercial purposes, or (v) Violates any laws, rules, or regulations of any governmental or other administrative organization having authority over the Service, Aajost Technologies, LLC, or Users. Except as permitted under these terms, you may not reproduce, distribute, transmit, publish, transfer, or commercially exploit any material available on or throughout the Service. 20. Disbursement will occur within forty-five (45) days following the end of each calendar month, a list of sales, returns, cancels are provided in electronic format from your store management page. All Disbursements made for accrued credits over $35.00 will be good for 180 days from the date on the check. If payment is not cashed or deposited within the 180 day time period you will forfeit the entire amount and the check becomes null and void. However, if accrued credits payable to Member for any calendar month are less than $35.00, Aajost Technologies, LLC will hold those credits until the total amount due is at least $35.00. Aajost Technologies, LLC may at its discretion send you a check before your account has accrued $35.00. 21. If you upload any material to the Service, or authorize others to upload any material to the Service, you grant Aajost Technologies, LLC and its designated licensees a non-exclusive, royalty-free, transferable, paid-up and worldwide right and license to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use in connection with the Service, such material, regardless of the medium, technology, or form in which it is used. Subject to this grant of rights, you retain all rights you have in such material. Aajost Technologies, LLC may sublicense the rights that you grant it in this Section to a third party subcontractor for purposes of producing Products sold through your store. These rights give Aajost Technologies, LLC the right to use your Content for the purpose stated above, and does not give Aajost Technologies, LLC sole ownership to any of your Content. Aajost Technologies, LLC will terminate its use of your content within 90 days of the termination of your Account. 22. Aajost Technologies, LLC will offer you items at "Base Price". You will be responsible for setting a mark-up price, which will determine the amount above the Base Price the items will retail for. You will earn the difference between the Base Price and the "Retail price", subject to any fees, terms, or bonuses. 23. Aajost Technologies, LLC shall not be held responsible for the content of pages hosted under this service. Aajost Technologies, LLC does not review your pages for content before they are posted, and does not verify, endorse or otherwise take responsibility for the contents of any Member-created pages. However, Aajost Technologies, LLC reserves the right to remove any page from its servers that it determines is in violation of its rules and guidelines. You are solely responsible for all files contained in their own directories, and can be held legally liable for the contents of your Web sites/online stores. 24. The entire content of the Service is copyrighted by Aajost Technologies, LLC as a collective work under the United States Copyright laws. The copying, reproduction, or publication of any part of the Service is prohibited unless expressly authorized in writing by Aajost Technologies, LLC. 25. You are solely responsible for the development, operation and maintenance of the Service and for all materials that appear on your site including, but not limited to: (i) Creating and posting product descriptions and linking those descriptions to E-Shirt.com's Web site, (ii) The accuracy and appropriateness of materials posted on your site, (iii) Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party, (iv) Ensuring that materials posted on your site are not libelous or otherwise illegal, (v) Having and maintaining appropriate privacy policies, intellectual property notices and disclaimers that comply with the Federal Trade Commission's promulgated rules, the Children's Online Privacy Protection Act and all other applicable laws, acts, regulations and rules. 26. You acknowledge that use of the Service is at your sole risk. The Service is not warranted to be error free or uninterrupted, and there is no warranty as to the results obtained through use of the Service. The Service is made available on an AS IS basis. THERE ARE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SERVICE. Neither Aajost Technologies, LLC, nor anyone else involved in creating, producing, or delivering the Service, or any services accessible through the Service, will be liable for any direct, incidental, special or consequential damages arising out of this Agreement. The provisions of this Section will survive termination of this Agreement. 27. You agree to indemnify, defend and hold harmless Aajost Technologies, LLC against all damages, claims, liability, costs, and expenses, including but not limited to reasonable attorneys fees, arising out of violation of any of the provisions of this Agreement by you or anyone accessing the Service under your account. 28. This Agreement will be governed by and construed in accordance with the laws of the State of Oregon without regard to its conflict of laws provisions. Any proceeding relating to the Service or this Agreement must be brought in a state or federal court in the County of Marion in Oregon State, and you expressly consent to jurisdiction in such courts. Any cause of action brought by you must be instituted within one year after the claim or cause of action has arisen. 29. "For Profit" sales from your store may result in tax responsibilities. If sales from your account exceed $600.00 in a calendar year, you must provide your taxpayer information to Aajost Technologies, LLC as required by the IRS. Aajost Technologies, LLC reserves the right to hold all disbursements from your account until taxpayer information is provided. If such information is not provided by Dec. 31 of such year, all disbursements will be subject to a 33% automatic withholding which will be submitted to the IRS. 30. Use of E-Shirt.com's e-mail addresses or contact information is restricted and can not be placed on an affiliated page without previous approval from E-Shirt.com's marketing department. Reporting Possible Terms of Agreement Violations ------------------------------------------------ In Compliance with the Digital Millennium Copyright Act, we are providing the following notice for Copyright Agents. If a member of our service appears to be violating a copyright, trademark, or patent under your supervision, please contact the Aajost Technologies, LLC Copyright Agent, at mdomo@artapart.com. Aajost Technologies, LLC has retained the right to terminate any E-Shirt.com customer Web site and account if we believe that it is infringing on another party's intellectual property right. In your notice, please: A. Provide an electronic or physical signature of the person authorized to act on behalf of the copyright owner; B. Describe the copyrighted or trademarked work that you claim has been infringed. Include an electronic reference to document your claim (URL); C. Describe where the material that you claim is infringing is located on the site; D. Provide your address, telephone number, and email address; E. Provide a statement by you, that you have a good faith belief that the copyright owner, its agent, or the law does not authorize the disputed use; F. Provide a statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Thank you, E-Shirt.com, a wholly owned subsidiary of Aajost Technologies, LLC Last revision: Apr 5, 2006
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