User Agreement
Introduction
Feminist Apparel is about celebrating creativity. We encourage you to be involved in every aspect of Feminist Apparel - display art, give feedback, write reviews, participate in forums, team up with other members to collaborate on projects, and talk to each other.
To make this online destination for creativity available, it is essential all Feminist Apparel users respect the intellectual property rights of others, including copyright and trademarks. You must only upload content you have created yourself and have permission to use and authorize others to use. If you are a customer or browser, please respect the copyright and trademarks of all the works you see or buy on Feminist Apparel. Respecting other people’s intellectual property is an essential principle of Feminist Apparel’s community.
Displaying your work on Feminist Apparel puts it out there for the world to see. You need to be aware that publishing your work in this way attracts legal responsibilities. It is up to you to make sure you are not breaking any laws by publishing your work through Feminist Apparel.
Respect each other and respect the art you find here and you’ll help make Feminist Apparel an inspiring and enjoyable community.
It is important you read the agreement below. Using this website means you accept this agreement. If you do not agree with its terms, do not use this website.
· Members
· Putting content on Feminist Apparel
· Purchasing a Product on Feminist Apparel
· Paying you after your art is sold
· Feminist Apparel may cancel orders
· Delivery
· Reporting inappropriate content to Feminist Apparel
· Intellectual property rights and license
· General
Legal Agreement
All visitors (“user”, “you”, “your”) to the Feminist Apparel website at www.FeministApparel.com (“the website”) are entering a binding legal agreement on the following terms (the “agreement”) when using the website. The agreement is between the user and either or both of Feminist Apparel Inc. ( “Feminist Apparel”, “we”, “us”, “our” refer to either Feminist Apparel Inc. or both as the context requires) and use of this website indicates continued acceptance of this agreement.
Eligibility
Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Our services are not available to persons under 16 years of age.
Amendment to this agreement
We may amend the terms of this agreement from time to time, and we will let you know about these changes either by sending you an email to the email address you have registered with Feminist Apparel or by displaying information about the changes on our home page, or both. Either way, your continuing use of the website will be taken to be acceptance of the new terms.
Our service
Feminist Apparel provides a range of services (the “Feminist Apparel service”) which, amongst other things, enable you to publish, sell, discuss and purchase designs on products; interact with other members; and receive the benefits of Feminist Apparel Inc.’s facilitation of product fulfillment, including payment processing, customer services and third party product manufacturing and shipping.
The digital content on the website (“content”) may be information, text, data, graphics,images, photographs, sound, video, music or any other material posted online by users or the Feminist Apparel team. If you or a customer decide to place an order, then Feminist Apparel will forward your instructions to third parties who will manufacture and ship the physical product in the form specified by you or the customer (“the product”).
Putting content on the Feminist Apparel site
You keep the copyright in any content you submit or upload to the website. In order to receive the Feminist Apparel services you grant Feminist Apparel a non-exclusive royalty free license to use and archive the content in accordance with or as reasonably contemplated by this agreement.
When you submit or upload content on the website you represent and warrant that:
· You own all copyright in the content, or if you are not the owner, that you have permission to use the content, and that you have all of the rights required to display, reproduce and sell the content;
· The content you upload will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trademark, patent or rights of privacy or publicity;
· Your use of the website will comply with all applicable law, rules and regulations;
· The content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
· The content is not misleading and deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions.
Feminist Apparel reserves the right to review and if in its sole discretion deemed necessary, remove any content from the website, because that content breaches your agreement with us and / or any applicable laws, or otherwise. You agree to indemnify Feminist Apparel in respect of any direct or indirect damage caused due to your breach of one or more of these warranties.
Offering art for sale
Any member may offer their art for sale on the website by appointing Feminist Apparel to facilitate the transaction on the terms set out in the Services Agreement in Appendix A. By agreeing to the terms of this user agreement you expressly agree to the terms of the Services Agreement in Appendix A, which will apply from the date on which you offer your first art for sale and your continued use of the website will constitute ongoing agreement to the terms therein as updated from time to time.
Purchasing a Product on Feminist Apparel
Users can purchase products on the Feminist Apparel website using a valid credit card or the PayPal system.
You do not have to be a member to purchase a product.
The price you pay is fixed at the time of ordering.
You may not cancel an order once it has been submitted.
It is the customer’s responsibility to ensure the product delivery address is correct. Feminist Apparel takes no responsibility for any product a customer does not receive because of errors in the delivery address given to us.
We do not warrant, endorse, make representations about or recommend any content or art offered or provided by any member.
Paying you after your art is sold.
We pay on a monthly basis via Paypal. You must have a Paypal Account.
You Instruct Feminist Apparel to cancel incorrect orders
You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight. You acknowledge that we cannot facilitate an order where such an error exists and hereby instruct us to cancel such an order and take other action as required.
We may also cancel an order if we believe that it is being made in contravention of this agreement, or in contravention of the rights of any person or any law.We may cancel an order even if it has been confirmed and the customer’s credit card or PayPal account has been charged. We reserve this right up until the time of delivery of the product to that customer. If a cancellation of this nature occurs after the customer has been charged for the product, we will credit the customer’s credit card or PayPal account for the amount in question.
Delivery
Delivery will be facilitated pursuant to your instructions by postal or courier service and will be paid for by the customer at the price indicated at the time of purchase. Feminist Apparel will include shipping charges which will vary depending upon the size and price of the product.
Damaged Goods
If a product is delivered to a customer, whether in electronic or printed format, that is physically damaged in some way) Feminist Apparel will happily contact the manufacturer or seller to issue a replacement copy of the product after receiving reasonable proof of that damage.
If you receive a damaged product, then you must email Feminist Apparel customer service within 14 days of receipt to tell us about the nature of the damage and to arrange for a new product to be sent to you at no cost to you.
Excess Inventory
You grant Feminist Apparel permission to dispose of any inventory that becomes excess as a result of refund, reprint, fraud, product sampling or promotional activities, in any manner we see fit.
Reporting inappropriate content to Feminist Apparel
Inappropriate content includes, but is not limited to, content that infringes the copyright or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. Feminist Apparel reserves the right (but not the obligation) to remove or edit such content.
Please help us by letting us know straight away about any inappropriate, or potentially inappropriate, content you see on the website. You can do this by e-mailing us at copyright@feministapparel.com.
Specific warnings
You must ensure that your access to this website and the Feminist Apparel service is not illegal or prohibited by laws that apply to you.
You must take your own precautions to ensure that the process that you employ for accessing this website and the Feminist Apparel service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website.
We do not accept liability for any losses arising directly or indirectly from a failure to provide the Feminist Apparel service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Feminist Apparel service, or any transmissions by others in contravention of the registered members’ obligations as set out in this agreement.
You acknowledge that we may not be able to confirm the identity of other registered members or prevent them acting under false pretences or in a manner that infringes the rights of any person.
Intellectual Property Rights and license
By submitting listings to Feminist Apparel, you grant Feminist Apparel a non-exclusive, worldwide, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of and display the content of such listings in connection with Feminist Apparel's (and its successors' and affiliates') services and business, including without limitation for promoting and redistributing part or all of the Feminist Apparel site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Feminist Apparel site a non-exclusive license to access your content through the site, and to use, reproduce, distribute, and display such content as permitted through the functionality of the site and under this User Agreement. The above licenses terminate within a commercially reasonable time after you remove or delete your listings from the Feminist Apparel site. The above licenses granted by you in user comments you submit, are perpetual and irrevocable.
All intellectual property rights in this website and the Feminist Apparel service (including the software and systems underlying the Feminist Apparel service, and text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under relevant Copyright and Trade Mark legislation throughout the world, and except as expressly authorized by this agreement, you may not in any form or by any means:
· use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
· commercialize any information, products or services obtained from any part of this website, without our written permission.
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks in or as the whole or part of your own trade marks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including this website).
Linked websites
This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
Disclaimer
We do not represent or guarantee that the Feminist Apparel service or this website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to the Feminist Apparel service or these websites will be uninterrupted.
You acknowledge that the Feminist Apparel service or this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
We do not warrant that any members’ uploads to this website will be protected against loss, or misuse or alteration by third parties. We do not warrant that all uploaded content will be available on our website. If we elect in our sole discretion to make available content on our website, we do not warrant that it will be available within a certain time frame.
We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
1. if the breach relates to goods:
· the replacement of the goods or the supply of equivalent goods;
· the repair of such goods;
· the payment of the cost of replacing the goods or of acquiring equivalent goods; or
· the payment of the cost of having the goods repaired; and
2. if the breach relates to services:
· the supplying of the services again; or
· the payment of the cost of having the services supplied again
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
Indemnity
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless, as well as, all third parties printing, manufacturing and/or otherwise fulfilling the products you are selling via the website, their officers, directors, employees, agents and representatives harmless, from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from:
· your breach of any clause of this agreement;
· any allegation that any materials that you submit to us or transmit to the website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
· your activities in connection with the website.
This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.
Privacy policy
Your privacy is very important to us. Users of our website should refer to our privacy policy – which is incorporated into this agreement by reference, for information about how we collect and use personal information.
Security of information
No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information, however we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.
Termination of access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
Dispute Resolution
This User Agreement and all disputes relating to this User Agreement, or relating to your use of any part of the Feminist Apparel service, will be exclusively resolved under confidential binding arbitration held in New Jersey. All disputes will be resolved in accordance with the Rules of New Jersey law, without regard to conflicts of law principles.
You and Feminist Apparel agree to submit to the personal and exclusive jurisdiction of the Federal and New Jersey State courts in Camden County for purposes of enforcing any arbitration award. Notwithstanding the foregoing, Feminist Apparel may seek injunctive or other equitable relief, from a court of competent jurisdiction. You and Feminist Apparel agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You and Feminist Apparel agree that any cause of action arising out of or related to the Feminist Apparel site (including but not limited to any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
If you have a dispute with one or more users or sellers, you release Feminist Apparel (and Feminist Apparel's officers, directors, agents, subsidiaries, joint ventures and employees) from claims demands and damages (actual and consequential) of every kind of nature, known and unknown, arising out of or in any way connected with such disputes.
General
We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
APPENDIX A - Services Agreement
You wish to use Feminist Apparel’s services to facilitate marketing and sale of your art and to arrange for manufacture and delivery of a physical product (“your product”) once an order has been made through www.FeministApparel.com ("the website"). Feminist Apparel will provide the services on the terms set out in this Services Agreement.
(The terms “Feminist Apparel”, “we”, “us”, “our” refer to either Feminist Apparel Pty Ltd or Feminist Apparel Inc. or both as the context requires.)
1. Services
1.1 Feminist Apparel, acting as independent contractor under your instructions will market to and obtain orders from customers for the purchase of your designs over the website and on instruction from you, Feminist Apparel Inc. will arrange for third parties to fulfil those orders by facilitating payment for, manufacture of and delivery of your products (“Services”).
1.2 Feminist Apparel will provide the Services pursuant to this agreement until termination in accordance with its terms.
1.3 You agree that Feminist Apparel is free to act in any capacity for any other person interested in promoting, marketing and obtaining orders from members of the public for the purchase of their arts over the website, including any art that is the same as, or similar to, your products.
2. License and standing instructions
2.1 You grant Feminist Apparel a non-exclusive royalty free license to use your intellectual property relating to your products for the purpose of enabling us to carry out the Services.
2.2 You hereby instruct Feminist Apparel Inc. to facilitate payment, manufacture and shipping in respect of orders for your product(s) via the website and Feminist Apparel Inc. will facilitate such payment, manufacture and shipping in accordance with reasonable business practices unless you otherwise instruct prior to the placement of that order by a customer.
3. Sale of your products
3.1 The retail price charged to customers who purchase your product is made up of the manufacturing fee charged by the third party manufacturer, Feminist Apparel’s fee for hosting the marketplace and facilitating the transaction (the manufacturing fee and Feminist Apparel’s fee are referred to collectively, and inclusive of tax, as the “base amount”), your creator margin (“your profit margin percentage”), and any relevant tax (such as Sales Tax, GST, VAT, etc). Shipping charges will also be added.
3.2 You agree that Feminist Apparel makes no representation that it will be able to procure an order for your products, whether at the retail price or at all, nor that you will obtain any benefit by entering into this Services Agreement.
4. Payment terms
4.1 You authorize Feminist Apparel Inc. to collect, hold and distribute the retail price and shipping charges (“sale proceeds”) from customers on the terms set out in this clause 4.
4.2 You authorize Feminist Apparel Inc. to be responsible for payment of your profit margin percentage accumulated from sales of your designs throughout each month.
4.3 We will either initiate a PayPal deposit or direct bank deposit before the 7th day of the month for sales made in the previous month, or post you a check before the 10th day of the month for sales made in the previous month, in accordance with the payment method you indicate to us via e-mail.
4.4 If your elected payment method is by direct bank transfer or PayPal transfer and your earnings for the month in the applicable currency are less than 20 United States of America Dollars (hereafter 'US$'), 15 Euros, 13 British Pounds, 20 Canadian Dollars or 20 Australian Dollars, then Feminist Apparel Inc. reserves the right to roll that amount over to the following month and continue to roll it over until you have earned at least the above mentioned amount.
4.5 If your elected payment method is by check and you have earned less than US$100 AU$100 or GBP 65 as applicable, then Feminist Apparel Inc. reserves the right to roll that amount over to the following month and continue to roll it over until you have earned at least that applicable amount.
4.6 Despite clauses 4.4 and 4.5, you may request payment at any time for the full amount in your account and a US$5 administration fee will apply. Feminist Apparel Inc. will pay this amount to you within 7 days of your request.
4.7 It is your responsibility to ensure Feminist Apparel has current details of your postal address and bank account details. Feminist Apparel will not be liable for any loss suffered by you if you provide us with incorrect details in relation to the payment method. If we are unable to pay you because you have given us incorrect details or your details are out of date, we will hold your margin for up to 12 months from the payment date. If you have not notified Feminist Apparel of any amendment to the payment method details in that time, you authorize us to donate your margin proceeds to a charity of our choice.
5. Taxation responsibility
5.1 For the avoidance of doubt, all tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility.
6. Indemnity
6.1 You hereby indemnify and will keep Feminist Apparel indemnified from and against all claims, debts, accounts, expenses, costs, liens, actions and proceedings of any nature whatsoever, whether known or unknown by any person, arising from, incidental to, or by virtue of, the appointment, or any breach or non performance of your obligations under this Services Agreement or arising out of your wilful act, neglect or default in the performance of such obligations.
6.2 This clause 6 will survive the termination of this Services Agreement.
7. Limitation of liability
7.1 In no case will Feminist Apparel be liable for any consequential loss or damage suffered by you arising from this Services Agreement. To the extent permitted by law, all warranties and conditions implied by law are hereby expressly excluded.
8. Terminating this agreement
8.1 You can give notice of termination of this Services Agreement by e-mailing hello@feministapparel.com and receiving confirmation of the delivery of the e-mail on Feminist Apparel’s end.
8.2 Feminist Apparel may give notice of termination of this Services Agreement to you in writing at any time.
8.3 After notice of termination in the manner described in either clause 8.1 or 8.2, you authorize us to complete any transactions in progress in relation to your products, which we will do on the terms of this Services Agreement. Termination of this Services Agreement will take effect once these transactions have been completed.
8.4 Upon termination of this Services Agreement by either party, Feminist Apparel will pay you any accrued member margin proceeds from your account, less a US$5 administration fee.