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Terms of Service

PODSACH LLC

Please read carefully before using the services offered by podsach.com

PODSach provides users with an automated Internet-based service to design and sell t-shirts and other custom products. By using PODSach and its services in any capacity, you have agreed to the terms and conditions of this Agreement and agree to use the site and service solely as provided in this Agreement.

User Agreement

By violating this User Agreement in any capacity, you are subject to an immediate removal of your campaign(s), possible forfeit of profit(s), and potential suspension or termination of your account.

podsach.com provides its website and related services to you ("Seller" or "you") subject to this User Agreement (the "Agreement"), the Intellectual Property Complaint Policy, the Counter-Notice Policy, the Repeat Intellectual Property Complaint Policy, the Refund Policy, and the Privacy Policy (this Agreement and the foregoing policies collectively referred to as "Terms of Service"). All of the terms and obligations set forth in the foregoing policies are incorporated by reference.

Delivery Procedure

Any time quoted for delivery is an estimate only; provided, however, that PODSach shall use commercially reasonable efforts to deliver all merchandise on or before the stated delivery date. No delay in shipment or delivery of any merchandise relieves Seller of their obligations under this Agreement.

Print Variance

Product production is generated from the artwork uploaded by the seller. The estimated positioning of the art work is provided by the seller. Print size and exact location may vary based on the product size. Colors are best matched to the artwork provided. PODSach may substitute comparable products if stock becomes an issue. Exact print size, location, and colors are not guaranteed; and are completely dependent on the artwork uploaded by the seller.

Price and Payment

Seller shall determine the price of the merchandise sold for each campaign, PODSach shall retain from the customer payments, PODSach will determine the base price as the cost of goods sold (including any additional expenses and fees PODSach determines necessary to comply with the terms of this Agreement), and remit to Seller any amount in excess of such base price ("Seller Profits").

By Creating a Campaign on the PODSach Site

You agree to accept and abide by PODSach's Terms of Service in their entirety. With respect to any trademarks, service marks, or copyrights that you have licensed from the owner thereof (the "Licensed Rights"), you agree to comply with any restrictions or conditions imposed on the use of the Licensed Rights.

You agree that you are the owner, or licensee, of all rights associated with any created or uploaded artwork or text, including but not limited to, the trademarks and copyrights that may be associated with said material. If you are not the owner, you agree to provide PODSach with evidence of the permission given to you by the owner.

You agree that the description and title of the campaign do not, either in and of themselves or in addition to the text and images featured in the created merchandise, infringe upon the rights of any third party.

You understand and agree that PODSach reserves the right to remove any content that may be considered to promote hate, violence, racial intolerance, or the financial exploitation of a crime.

You understand and agree that PODSach may, in its sole discretion, release your contact information to a third party that satisfactorily alleges, pursuant to PODSach's Intellectual Property Complaint Policy below, unauthorized use of its intellectual property. Upon receipt by PODSach of an allegation of infringement that comports with PODSach's Intellectual Property Complaint Policy, in PODSach's sole discretion, your campaign may be subject to immediate cancellation, possible forfeiture of any profits, and suspension or termination of your account with PODSach.

You agree not to provide untrue information in your campaign including, but not limited to: the amount of product for sale, the origin of production of the product, or the intended recipient of profits.

You agree not to solicit potential buyers through information posted in your campaign other than the purchase of the primary item(s). This includes raffles, chances to win, and other representations of additional opportunities beyond the sale of the primary item being sold. You agree to defend, indemnify, and hold PODSach and its affiliates harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or relating to your use of PODSach's site and services, your violation of this Agreement, or your violation of any rights of another.

You agree that PODSach is not responsible for any consequential, indirect, or any special damages, including, but not limited to, lost profits, associated with any action taken by PODSach pursuant to this Agreement or your use of the PODSach service.

Intellectual Property Complaint Policy

PODSach keep the rights to sweep any infringement contents related to (but not limit) trade mark, copy rights and other content violation. All the content uploaded by user should go through our review process with 2 steps as below:

  1. At the first round, our platform will do a check by our bot. Our bot will automatically crawl all the user generated contents and match it with Google Vision library. If it found any content violation, the platform will flag the campaign immediately.
  2. Some tricky designs should be able to pass the bot. We have our second round of reviewing by human to make sure we can catch those content.

PODSach provides users with a platform to sell their own merchandise. User contractually agree to all terms prior to use of PODSach services. PODSach contractually prohibit users from using its services to sell merchandise that infringes upon third party intellectual property rights (such as copyright, trademark, trade dress, and right of publicity).

It is PODSach policy to block and remove any content that it believes in good faith to infringe the intellectual property rights of third parties following receipt of a compliant notice; and to terminate service for repeated infringement.

If you believe that your intellectual property rights have been infringed upon by a PODSach user, please notify PODSach at [email protected]. You must include within your notification the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that you allege is being infringed
  • The URL to the PODSach campaign(s) used in connection with the sale of the allegedly infringing merchandise.
  • Identification of the copyright, trademark, or other rights that allegedly have been infringed, including proof of ownership (such as copies of existing trademark or copyright registrations).
  • Your full name, address, telephone number(s), and email address(es).
  • A statement that you have a good-faith belief that use of the material in the URL submitted is unauthorized by the rights owner, or its licensee, and such use amounts to infringement under federal or state law.
  • A statement, under penalty of perjury, that the information in the notification is complete and accurate and that you are authorized to act on behalf of the owner of the intellectual property or other right that is allegedly infringed.

Counter-Notice Policy

If you believe that a claim of intellectual property infringement was filed by mistake or misidentification you may file a counter-notice. If you materially misrepresent in your counter-notice that your design is not infringing upon the intellectual property, you may be liable for damages to the intellectual property owner (including costs and attorney's fees). Therefore, if you are unsure whether or not the material infringes on the intellectual property, please contact an attorney before filing the counter-notice. The counter-notice should be submitted to [email protected] and must include the following information:

  • Your physical or electronic signature;
  • Your full name, address, telephone number(s), and email address(es);
  • Identification of the material and its location before it was removed, either by URL to the PODSach campaign(s) used in connection with the sale of the allegedly infringing merchandise or PODSach campaign number;
  • A statement under penalty of perjury that the claim of intellectual property infringement that led to the removal or blockage of access to material was filed by mistake or misidentification;
  • Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.);
  • Your consent to accept service of process from the party who submitted the takedown notice or an agent of that party.

If you submit a counter-notice, a copy of the counter-notice may be sent to the complaining party informing the complaining party that PODSach may replace the removed material or cease disabling it in 10 business days. Unless the intellectual property owner files an action seeking a court order against you, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice.

Repeat Intellectual Property Complaint Policy

If PODSach receives repeated notices that you have posted others' intellectual property without permission, PODSach may terminate your account. PODSach has a system for keeping track of repeat violators of intellectual property rights of others, and determining when to suspend or terminate your account.

PODSach reserves the right to terminate accounts that act against the spirit of the Terms of Service, regardless of how many strikes are involved.

Withholding and Tax Matters

It is contemplated that the services and transactions described in this Agreement will not impose a withholding obligation upon PODSach under Section 1442 of the Internal Revenue Code, as amended (the "Code"). Notwithstanding the foregoing, in the event PODSach concludes that it has an obligation to withhold under Section 1442 of the Code (or other applicable law) with respect to Seller Profits, PODSach will withhold all applicable income tax from any payments or Seller Profits otherwise due to Seller.

Seller shall be solely responsible for payment of its own tax liabilities which may arise under the Agreement, and shall indemnify PODSach for any tax obligations, including for federal income tax withholding, which may arise as a result of this Agreement.

Indemnification

Seller shall indemnify, defend and hold harmless PODSach and PODSach's affiliates, employees, officers, directors, and agents from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, costs and expenses (including attorneys' fees) which arise out of or relate to (i) any content submitted or posted by Seller, (ii) Seller's use of, or connection with, PODSach's website, (iii) Seller's violation of any of the terms of this Agreement or the Terms of Service, or (iv) Seller's violation of any rights of a third party.

IN NO EVENT SHALL PODSach'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TERMS OF SERVICE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT OTHERWISE OWED TO SELLER AS SELLER PROFIT.

Disclaimer of Warranties

YOUR USE OF THE PODSach SERVICE IS AT YOUR SOLE RISK. THE PODSach SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING A BUYER'S RIGHT TO RETURN MERCHANDISE AND OBTAIN A REFUND TO THE EXTENT DESCRIBED IN OUR RETURN POLICY, PODSach EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY CAMPAIGN, MERCHANDISE OR SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability

PODSach WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PODSach HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL PODSach TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PODSach OR PODSach HAS PAID YOU IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

Exploiting System Vulnerabilities

PODSach preserves the right to deal with individuals and organizations that intentionally exploit system vulnerabilities in order to usurp benefits. Individuals and organizations who have intentionally exploited the system vulnerabilities of PODSach are obligated to recover the damage caused. Damage includes, but is not limited to:

  • Loss of money and other benefits
  • System interruption
  • The damage caused by ddos and other forms of attack

Miscellaneous Provisions

Terms of Agreement Prevail Over Seller's Campaign Purchase Order

The parties intend for the express terms and conditions contained in this Agreement (including any schedules and exhibits hereto), and the pricing terms as set forth for each campaign, to exclusively govern and control each of the parties' respective rights and obligations regarding the subject matter of this Agreement, and this Agreement is expressly limited to such terms and conditions. Any attempt to modify, supersede, supplement or otherwise alter this Agreement, will not modify this Agreement or be binding on the parties unless such terms have been fully approved in a signed writing by both parties.

Relationship of the Parties

Nothing in this Agreement or the Terms of Service creates any agency, joint venture, partnership or other form of joint enterprise, employment or fiduciary relationship between the parties. Neither party has any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party or to bind the other party to any contract, agreement or undertaking with any third party.

Entire Agreement

This Agreement (and the Terms of Service) constitute the entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.

Governing Law; Venue

This Agreement and the Terms of Service shall be governed by the laws of the State of Florida, without giving effect to the principles of conflicts of laws. Each party consents to the personal jurisdiction of the Federal, state, or local county courts located in Hillsborough County, Florida.

Buyer Payments, Returns, Refunds, and Cancellation Policy

Payment Methods

We accept payment including VISA, MASTER, AMERICAN EXPRESS and Paypal. Other type of payments will not be accepted.

Time of Payment

Due to the extensive amount of work required prior to the printing and shipping of your order (e.g., User Content preparation), Buyers will be charged at the time their order is placed.

Cancellations, Refunds & Exchanges

Due to the customized characteristics of Products, we do not allow cancellations, exchanges, or refunds. If upon delivery of the product you feel that your order was incorrect due to error on our part, such as the wrong color, item size, or design, please email us within fourteen days of your delivery. Claims will be handled on a case basis. You acknowledge and agree that goods produced by us for you are bespoke, custom-made goods. Other than where goods are faulty, you have no right to cancel any order or return any goods and all orders are final.

API Policy (Shopify, WooCommerce, …)

All material on any PODSach API Applications (i.e. Shopify App) is the property of PODSach. All rights reserved. The information and images presented may not under any circumstances be reproduced or used without prior written permission.

These Services are operated and provided by PODSach. If you have any questions about these Terms, please contact PODSach at [email protected].

PODSACH LLC