1. Agreement
1.1.
Share & Sell™ Marketplace Service. This Agreement sets the terms and conditions by which SellSportswear.com will allow you to utilize its Share & Sell™ Marketplace service. By accessing and using the Share & Sell™ Marketplace you are demonstrating your agreement to and acceptance of the terms and conditions set forth in this Agreement. SellSportswear.com reserves the right, at any time, to modify, alter, or update the terms and conditions of this Agreement. Any such modifications shall become effective immediately upon being posted on the SellSportswear.com website. Your continued use of the Share & Sell™ Marketplace after modifications are posted constitutes an acknowledgement and acceptance of this Agreement and its modifications.
1.2.
SellSportswear.com Terms of Service. By accessing and using the Share & Sell™ Marketplace you are also agreeing to SellSportswear.com's
Terms and Conditions of Service, which are hereby incorporated into this Agreement. If the terms of this Agreement conflict with the Terms of Service, this Agreement will be given precedence.
2. Registration and Account Security
2.1.
Creating an account. To create an online Share & Sell™ Marketplace you must open a Marketplace account by way of SellSportswear.com's registration process. You must provide SellSportswear.com with accurate and complete account information. You must also provide SellSportswear.com with any applicable tax identification information where applicable; otherwise you will not be eligible to sell your products for profit.
2.2.
Account Security. You are solely and fully responsible for maintaining the confidentiality of the password and account. You are solely and fully responsible for all activities that occur under your password and account. You are solely and fully responsible for any use of your password and account by any unauthorized parties. If you believe your account information has been used by any unauthorized parties or if your account security has been violated by any unauthorized parties you must notify SellSportswear.com immediately. SellSportswear.com cannot and will not be liable for any loss or damage arising from your failure to comply with this entire section.
3. User Conduct
3.1.
General. By using SellSportswear.com’s Share & Sell™ Marketplace service you agree that you are solely and fully responsible for the content that you design and offer to Share and Sell™. You agree to not create or submit any content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortuous, hateful, or racially, ethnically or otherwise objectionable. You also agree not to create or submit any content that are invasive of another’s rights including, but not limited to, rights of celebrity, privacy and intellectual property. You agree to pay all royalties that may become due for the sale of your content. You agree to utilize SellSportswear.com’s service in accordance with any applicable laws or regulations.
3.2.
3.3.
Monitoring User Conduct. You acknowledge that SellSportswear.com does not pre-screen content submitted to it. You acknowledge that SellSportswear.com is not responsible for the design or creation of the content that you produce. SellSportswear.com reserves the right, in its sole and absolute discretion, to monitor the content used within its service, and to remove any content that violates this Agreement or that it considers objectionable. SellSportswear.com also reserves the right, in its sole and absolute discretion, to cancel any order or transaction that it considers in violation of this Agreement or that it considers objectionable.
3.4.
Uploading Content. You agree to follow and abide by all instructions when uploading content onto the Share & Sell™ Marketplace. You agree that you have the proper approval to use any content that you upload onto the Share and Sell™ Marketplace, and you also agree to provide copies of such approval to SellSportswear.com, if requested.
3.5.
User Communications. You agree that you are solely and fully responsible for any communications that occur under your account. SellSportswear.com assumes no responsibility and cannot be held liable for any communications made or content distributed under your account.
3.6.
Marketplace Storage. SellSportswear.com has the right to limit the number of days any uploaded conduct will be retained in the Share & Sell™ Marketplace. SellSportswear.com has the right to limit the size of any content uploaded onto the Share & Sell™ Marketplace. SellSportswear.com has the right to limit server space that will be allotted for each user. SellSportswear.com has the right to delete content which is inactive for an extended period of time. You agree SellSportswear.com has no liability for the deletion or failure to store any of your content in the Share & Sell™ Marketplace.
4. Content Licensing
4.1.
Ownership Rights. You retain all ownership rights in the content that you create and design in the Share & Sell™ Marketplace. You may only advertise the content that you create and design in the Share & Sell™ Marketplace in a manner that SellSportswear.com, in its sole discretion, does not consider objectionable.
4.2.
Licensing. By creating and designing content for use in the Share & Sell™ Marketplace and by uploading that content into the Share & Sell™ Marketplace you agree to grant SellSportswear.com a nonexclusive, royalty-free, worldwide, transferrable license in such content for any current and future uses by SellSportswear.com. Without limitation, this license allows SellSportswear.com to allow you to market and sell your content in its Share & Sell™ Marketplace as well as allow SellSportswear.com to use your content to market and promote its Share & Sell™ Marketplace service.
5. Intellectual Property Policy
5.1.
Intellectual Property of SellSportswear.com. All content on this site that is not created by you is the intellectual property of SellSportswear.com. This includes, but without limitation, all designs, logos, graphics, text, databases, designers, online services, e-commerce tools, trade marks, and service marks. All intellectual property of SellSportswear.com is protected by United States and international copyright laws.
5.2.
Intellectual Property Infringement. SellSportswear.com respects the intellectual property rights of others and its users agree not to infringe upon the intellectual property rights of others. If you believe your intellectual property rights have been infringed, please provide SellSportswear.com with the following information: (a) an electronic or physical signature of a person authorized to act on behalf of the owner of an intellectual property right that has allegedly been infringed; (b) a detailed and specific identification of the intellectual property rights that have been infringed; (c) a detailed description of where the content that you claim is infringing is located on the site; (d) your address, telephone number, and email address; (e) a statement by you that the complaining party has a good faith belief that use of the content is not authorized by the intellectual property owner, its agent, or the law; (f) a statement by you, made under penalty of perjury, that the information you provide is accurate and that you have authorization to act on behalf of the intellectual property owner. All communications should be directed to
legal@logosportswear.com
5.3.
No Resale of Service. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of SellSportswear.com or its Share and Sell™ Marketplace.
6. Indemnification
6.1.
General. You agree to indemnify, defend and hold SellSportswear.com harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, upload, post or transmit through SellSportswear.com, your use of SellSportswear.com, your violation of this Agreement of the Terms of Service incorporated herein, or of your violation of the rights of a third party.
7. Termination
7.1.
General. You may terminate your Account at any time for any reason. SellSportswear.com has the absolute discretion to suspend, limit or terminate your access to the Share & Sell™ Marketplace service, account, servers or directories for any breach of this Agreement. SellSportswear.com retains the right to prohibit you from utilizing its Marketplace service for any breach of this Agreement.