Terms And Conditions
The following terms and conditions govern your use of www.teeVillain.com (the “Site”), the purchase of products from the Site and subscription services related to the Site. The operator of this website is teeVillain, LLC (“teeVillain” “us,” “our,” or “we”). By using the Site or purchasing products from the Site, you agree to be bound by these Terms and Conditions (the “Agreement”). If you do not agree to these Terms and Conditions, please do not use this Site.
If you have any questions regarding the meaning or application of this Agreement, please direct your questions to:
teeVillain, LLC
5860 Citrus Blvd, Suite D 108 New Orleans, LA 70123-8520 USA.
baddies@teeVillain.com
1. Who We Are and What We Do.
The Site offers exclusive apparel, home décor and accessories inspired by pop culture from independent artists all over the world. The designs featured on the Site are not created by the Site, but instead, consist of user generated content cultivated by independent artists across the world.
2. Access to the Site.
This Agreement grants you a limited, revocable, nonexclusive license to access the Site for your own personal use. You may not sub-license your rights to a third party, and this license does not extend to any collection, aggregation, copying, duplication, display or derivative use of the Site nor any use of data mining or similar data gathering and extraction tools for any purpose unless expressly permitted by teeVillain. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to this Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.
Although it is not required to access the Site, you will be given the option to create an account on the Site for your convenience. To create an account on the Site, you must be at least eighteen (18) years of age. If you are under 18 years of age, you must obtain parental consent before obtaining access to the Site.
From time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which teeVillain may undertake from time to time; or (iii) causes beyond the control of teeVillain or which are not reasonably foreseeable by teeVillain.
3. Payment To teeVillain / No Refunds
If you purchase products and services through the Site, teeVillain charges for those certain products as provided for on the Site. The Site utilizes third-party vendors for processing payments for those services and products. You are subject to those third-party vendors’ terms of use when you use their service. teeVillain is not liable for any actions by any payment processor, or any interaction between you and any third-party vendor.
If you purchase products from the Site, some fulfillment services may be provided by third-party vendors. All product shipments are subject to the third-party vendors’ terms of use. teeVillain will make all reasonable efforts to mitigate any delay in the fulfillment of any product purchased through the Site, should a product not be received by you within ninety days of the date of purchase.
All payments are final. No portion of any amounts paid to teeVillain is ever refundable unless we expressly state otherwise.
If you sign up for a subscription service, teeVillain will charge your credit card once a month in thirty-day intervals from the date you subscribed for as long as the subscription remains active. You may cancel your subscription at any time, but you must give notice of your cancellation at least two days before the date of your monthly charge to avoid that charge from being processed. No product will ship if the monthly charge is not processed.
4. Limited Warranty/Disclaimer of Liability.
Although teeVillain may provide descriptions of various products it offers for purchase, it does not guarantee the usability or functionality of any feature of any product at any given time, nor does it guaranty the accuracy of those product descriptions.
This Site and its contents are provided “as is” without warranties of any kind, whether express or implied, including without limitation any warranty as to the accuracy, availability, completeness, reliability, title, currency or content of any information or material provided by or through this site, and the implied warranties of merchantability or fitness for a particular purpose. Your use of the Site is at your sole risk. You assume full responsibility for all costs associated with your use of the Site, and that teeVillain shall not be liable for any damages of any kind related to your use of the Site.
IN NO EVENT SHALL TEEVILLAIN, OR ANY DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OR OPERATOR OF THE SITE, 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 SITE, (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 SITE, (V) ANY VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) 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 POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, 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.
5. Eligibility and Responsibility of Account.
In order to use certain portions of the Site, such as the subscription services, you may need to create an account with the Site. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, whether expressly authorized by you or not. You are responsible for keeping your account password secure. You may change your password at any time by updating your Account Profile. In addition, you agree to immediately notify teeVillain of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or to secure your account and password, including but not limited to selecting a password that is easily compromised. You are not allowed to use another customer’s account without that customer’s permission. Unless previously notified otherwise, we will assume that anyone visiting our Site with a correct account and password combination is an authorized user of that account.
If you have created an account with the Site, you may be allowed to post content to the Site. By posting to the Site, you represent that you possess the capacity to enter into a binding contract and are not a person barred by any laws from using our Site, or that you have received permission from a parent or legal guardian to post to the Site. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If we have reason to suspect that your registration information is not complete, current, or accurate, or that you have otherwise violated this Agreement, your account will be subject to suspension or termination, in our sole discretion, and you may be barred from using the Site.
6. Modification of Terms of Use/ Modification of Website.
We reserve the right to change this Agreement at any time. We will announce any changes by posting a revised draft of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the “Last Updated” information contained herein. If a change is, in our sole discretion, material, we will notify you of the change if you are an active member of the Site. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. You agree to review this Agreement periodically to be aware of any such changes. Your use of certain services on the Site may be governed by additional rules, which will be available on the Site. By using any service you acknowledge that you have reviewed all rules for the service in question and agree to be bound by them.
We also reserve the right, at any time, to: change or discontinue any content or feature of the Site or any services or products made available through the Site without notice; and/or offer opportunities to some or all users of the Site. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or of any service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
From time to time, in our sole and absolute discretion, without any notice or liability to you, we may change, move or delete portions or features of the Site, or we may add new areas or features to the Site.
7. Copyrights, Trademarks and other Intellectual Property Rights.
All materials, including images, illustrations, designs, icons, photographs, text, software, graphics, videos, music and sound that are part of the Site are protected by U.S. and state copyright laws, international treaties and other intellectual property laws. All copyrighted or trademarked material or other intellectual property used on the Site is owned by us or others who have given us permission to use their protected intellectual property. The Site as a whole is also protected by copyright law and is owned by us.
The materials on the Site, and the Site as a whole, are intended solely for your personal, noncommercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the intellectual property on the Site, the Site as a whole, or any related software without the prior written permission of teeVillain or the owner of that intellectual property. Further, you may not frame any of the Site content, deep-link to the Site, trespass or scrape the Site with automated agents without prior written consent of teeVillain.
8. Third-Party Content.
The Site may contain content supplied by parties other than teeVillain. Any advertisements, solicitations, opinions, advice, judgments, statements or other information or content expressed or made available by such third parties, are those of the respective author(s) and not of teeVillain. We make no guarantees as to the accuracy, completeness or usefulness of any content or service provided, nor its merchantability or fitness for a particular purpose.
teeVillain is not responsible for the actions or inactions of any users of the Site, including the viability, usefulness, durability, or functionality of any product or product review listed on the Site.
9. General Conduct On The Site.
The Site is intended to be used for lawful purposes only. If you create an account, you may be given the opportunity to post, transmit or otherwise make available information, opinions, ideas, images or other content on the Site. We reserve the right, but we do not have the obligation to remove any content posted on our site for any reason. Decisions as to whether content violates our standards will be made in our sole discretion after we have actual notice of such posting. Without limiting our rights hereunder, we have attempted to provide guidelines to those posting on our site. When using the Site:
9.1 You may not post or transmit any material or content on or through the Site:
(a) that violates or infringes in any way upon the rights of others;
(b) that discloses private personally identifying information of another person that could lead to identity theft;
(c) that discloses health related information of another person;
(d) that discloses confidential, proprietary information or trade secrets;
(e) that solicits, encourages, or promotes the use of illegal substances or activities;
(f) which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, constitutes invasion of privacy or publicity rights, is fraudulent or tortious, vulgar, obscene, pornographic, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable;
(g) that is protected by the copyright, trademark, trade secret or any other proprietary rights of anyone other than you;
(h) that expresses or implies that any statements you make are endorsed by us, without our prior written consent; or
(i) that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state, or federal law.
9.2 You may not post or transmit on or through the Site:
(a) software or other materials that contain viruses or other programs harmful or disruptive to the Site or other websites;
(b) chain letters; mass mailings; spam mail; or
(c) any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
9.3 You may not:
(a) offer any services on the Site that you are not properly licensed to perform;
(b) misrepresent who you are or impersonate another person;
(c) engage in any activity on the Site that restricts or inhibits any other user from using or enjoying the Site such as “hacking,” “hijacking,” “cracking,” “spoofing,” or defacing any portion of the Site;
(d) harvest or collect information about Site visitors or Registered Users without their express consent;
(e) use the Site to defame, abuse, stalk, threaten or otherwise violate the legal rights of others or for any fraudulent purpose;
(f) reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any film or portion of a film on the Site or any portion of, use of, or access to the Site;
(g) create a database by systematically downloading and storing Site content;
(h) frame or mirror any part of the Site without our prior written consent; or
(i) interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
10. User Comments, Feedback and Other Submissions.
By submitting, disclosing, posting, transmitting or uploading any messages or data, including pictures and videos, to the Site, you warrant and represent that you are the owner of those communications or that you have all rights necessary to submit, disclose, post, upload, transmit and otherwise use any such communications for your intended purpose. By posting information or content to the Site, you grant, and you represent and warrant that you have the right to grant, and that you do grant to teeVillain an irrevocable, perpetual, fully-paid, worldwide non-exclusive license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. If you do not agree to this license, do not post on the Site.
We may not be able to review all materials posted to the Site by users and we are not responsible for any materials posted by users. We reserve the right at all times to disclose any information necessary to satisfy any law, regulation, government request or court order to edit, refuse to post or to remove information or materials in whole or in part, that are the subject of a complaint or a report of abuse or that in our sole discretion are objectionable or in violation of this Agreement or as otherwise required by law or court order.
11. Indemnification.
You agree to indemnify, defend and hold harmless teeVillain and its directors, officers, employees, agents and shareholders, and defend any action brought against us or them with respect to any claim, demand, cause of action, debt or liability, including but not limited to reasonable costs and attorneys’ fees, arising out of the use of the Site, or the violation of any of the provisions of this Agreement, by you or anyone accessing our Site under your account.
12. Governing Law and Jurisdiction.
This Agreement is entered into in the State of Arizona and is governed by the laws of the State of Arizona and by the federal laws of the United States, without reference to conflict of laws principles. You agree to the exclusive jurisdiction of the state and federal courts in Arizona to adjudicate any dispute arising out of or relating to this Agreement or your use of our Site or purchase of materials through the Site. You also expressly consent to the personal jurisdiction of the state and federal courts in Arizona for any such action.
13. General Provisions.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be stricken from this Agreement and the remaining provisions shall be enforced. Our failure to act with respect to any breach of this Agreement by you is not a waiver of our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to do so is void. teeVillain shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond its control. You must comply with all applicable laws and regulations relating to your access to and use of the Site. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof and supersedes any prior understandings or agreements with respect to such subject matter.
14. Termination/Cancellation.
teeVillain may terminate your authorization to use the Site at any time, in our sole discretion. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice.
15. Links to Other Sites.
For your convenience, teeVillain may provide links on the Site to websites that are not operated by teeVillain, including links to websites that sell products. We do not control such web sites and are not responsible for their contents, products or operation. These links do not mean that teeVillain endorses, approves or sponsors the linked sites or any information, products or services contained on those sites. We are not liable for any damage that might result from your use of the information, products or services obtained. Your use of such websites is entirely at your own risk.
16. No Agency/ No Third Party Beneficiary
There is no agency, partnership, joint venture, attorney-client, employee-employer or franchiser-franchisee relationship intended or created by this Agreement. Nothing in this Agreement is intended to benefit any third party.
17. Digital Millennium Copyright Act Compliance Notice.
teeVillain respects the intellectual property rights of others. If you believe any of the content on our Site infringes your copyrights, you may send us a notice of alleged infringement that complies with the Digital Millennium Copyright Act (the “DMCA”). For more information on what a notice of infringement pursuant to the DMCA requires, please visit http://www.dmlp.org/legal-guide/protecting-yourself-against-copyright-claims-based-user-content (no longer being updated) and/or https://www.copyright.gov/title17/92appb.html.
teeVillain will process notices of alleged infringement that it receives and will take appropriate actions as required by the DMCA and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to teeVillain’s designated agent:
teeVillain Legal
c/o teeVillain, LLC
1500 Edwards Ave
STE H, New Orleans, LA 70123
baddies@teeVillain.com
To be effective, the notification must be in writing and must comply with the DMCA, 17 U.S.C. §512(c)(3). Notices that do not comply with the law will be disregarded.
Please be advised that if a Counter Notice to any received DMCA notice is received by the Site,
17. SMS/MMS Mobile Message Marketing Program Terms and Conditions
teeVillain (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that teeVillain and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of apparel, home décor, accessories and other limited edition good and services. Messages may include checkout reminders.
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at baddies @ teeVillain.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: – Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; – Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; – Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; – Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; – Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and – Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Tempe, Arizona before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which teeVillain’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
18. Updates to Terms of Use.
Terms of Use updated as of January 1, 2022.
ARTIST AGREEMENT
This portion only applies to artists that are submitting artwork to teeVillain.
This is an agreement between you the individual submitting artist or authorized representative of said artist or group and the website/company known as teeVillain.
By submitting artwork/designs for feature, you are asserting that you comprehend and agree to the following terms and conditions teeVillain has set forth as a binding contract between you and teeVillain.
The terms of this agreement begin on the date the artwork/design is initially submitted to the teeVillain Site(s) and carries on until either party terminates the contract in writing.
1. GRANT OF LICENSE
THE ARTIST SHALL RETAIN ALL OWNERSHIP RIGHTS TO THEIR ARTWORK/DESIGN SUBMISSION.
As and when the “Artist Submission” is uploaded to the teeVillain Site(s), Artist grants to teeVillain a non-exclusive license to do the following things during the Term:
a) to produce, sell and distribute worldwide the Artist Submission for the limited time specified hereafter;
b) to display, reproduce, exhibit, broadcast, transmit, distribute and publish by any and all means and media, electronic or otherwise. Such use will be royalty-free except for the compensation described in Paragraph Two (2) of this agreement;
c) to adjust, adapt, alter or otherwise modify the Artist’s Submission (e.g., change the color or size);
d) During the Term, teeVillain’s licenses under this Agreement include the right to use any part of the Artist Submission in the promotion, advertising or marketing of the teeVillain Site(s);
e) As used in this Agreement, the term “Artist Submission” means any content sent to teeVillain Site(s) and/or via messangers of any and all social media accounts owned and/or operated by teeVillain LLC which may include Artist’s name(s) (including professional names), photographs, biographical materials, designs, illustration and artwork.
2. COMPENSATION AND SALE PERIOD
In the event that your design is chosen and featured on the teeVillain Site(s), your design will be for sale on items for an ongoing time period.
TeeVillain will pay artist a royalty of 10% per item sold on the teeVillain website(s) for the duration of the sale.
Artist agrees to be paid the royalty by teeVillain via PayPal for any and all items that use the design provided by Artist hereafter.
Artist may also sign up for our affiliate program and earn an additional 5% profit off all sales made using the custom link created through the affiliate program.To sign up for our affiliate program go here: http://www.shareasale.com/shareasale.cfm?merchantID=51598
TeeVillain reserves the right to discontinue any design, without the artist’s prior consent or knowledge, if teeVillain is notified that the design infringes on a third party’s intellectual property.
UNLESS OTHERWISE AGREED BETWEEN ARTIST AND TEEVILLAIN IN WRITING FROM TEEVILLAIN, THE LICENSE GRANTED TO TEEVILLAIN UNDER THIS AGREEMENT IS ONGOING.
3. REPRESENTATIONS AND WARRANTIES
By submitting an “Artist Submission” that Artist represents and warrants that:
a) the design is their original product, in the public domain, or they otherwise own or control the rights necessary to enter into this Agreement;
b) has obtained all necessary third-party consents, rights, licenses and permissions, if any, (including, without limitation, consents and permissions from owners of any elements that are used in the Artist Submission) and grants teeVillain the rights to use all elements contained within the Artist Submission in every way set out in this Agreement;
c) there is no legal impediment of any kind known to the Artist which conflicts with this Agreement or might limit, restrict or impair the rights assigned and granted to teeVillain;
d) the submission does not violate any law, statute, ordinance or regulation, or infringe upon any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party;
e) if Artist or any member of Artist’s group is a minor, Artist hereby warrants that Artist has the legal right to execute this Agreement on behalf of the minor Artist and guarantee such person’s performance of the terms of this Agreement. These warranties shall survive any termination of this Agreement.
4. INDEMNIFICATION
Artist agrees to indemnify and reimburse teeVillain against any and all claims related to your Artist Submission. Artist agrees to defend, indemnify and hold harmless teeVillain, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of teeVillain, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorney’s fees, costs and expenses and court costs) arising out of or related to:
a) Artist’s use of the teeVillain Site(s);
b) any breach or alleged breach of Artist’s representations and warranties and/or any breach, alleged breach or violation of the notices, terms and conditions of this Agreement;
c) Artist’s violation or alleged or threatened violation of any law, statute, ordinance or regulation, or infringements upon any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party arising from the Artist Submission and/or use of its elements.
5. TEEVILLAIN’S PERFORMANCE
the Artist acknowledges and agrees that the operation of teeVillain may on occasion encounter technical or other problems and may not necessarily continue uninterrupted and teeVillain will not be responsible to Artist or others for any interruptions, errors or problems or even for an outright discontinuance of service. The Artist and only the Artist is responsible for maintaining at Artist’s own expense any and all original Artwork or so-called back-up copies of all or any part of said Artwork.
6. SUBMISSION SELECTION PROCEDURES
Submissions to teeVillain are reviewed every week. If teeVillain does not select artwork during the week in which it was submitted, the artwork may still be considered for future weeks selections. Once teeVillain has determined artwork will not be selected teeVillain will notify the artist via the artist’s account on teeVillain.com.
If teeVillain decides to feature your artwork, you will be notified via the e-mail you provided during submission. By choosing your design, teeVillain makes no guarantee of any volume of sales nor does it constitute a promise that your artwork will, in fact, be featured as teeVillain reserves the right to reverse their decision for any or no reason at all. teeVillain also reserves the right to modify features of your artwork, such as the color or sizing, deemed necessary for production.
7. NO LIABILITY FOR THIRD PARTY USE
TEEVILLAIN DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE ARTIST’S SUBMISSION MADE AVAILABLE ON THE TEEVILLAIN WEBSITE BY THE ARTIST PURSUANT TO THE TERMS OF THIS AGREEMENT. ARTIST SHALL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF ARTIST’S SUBMISSION BY A THIRD-PARTY, AND NOT FROM TEEVILLAIN. INCLUDING BUT NOT LIMITED TO, ANOTHER PERSON OBTAINING ARTIST’S SUBMISSION FROM TEEVILLAIN (WHETHER OR NOT WITH TEEVILLAIN ‘S PERMISSION), AND USES SAID SUBMISSION IN A WAY NOT AUTHORIZED BY THE LICENSES GRANTED UNDER THIS AGREEMENT AND THE ARTIST WILL NOT HOLD TEEVILLAIN RESPONSIBLE OR LIABLE FOR ANY SUCH UNAUTHORIZED USE.
8. COPYRIGHT AND TRADEMARK NOTICE
teeVillain and all of its related characters, names, logos, and indicia including the layout and design of the teeVillain Site(s), are trademarks of teeVillain. Other trademarks and service marks on the teeVillain Site(s) may be the property of the advertisers, content partners and/or providers, or other third parties. Artist may not use any of the teeVillain Marks without teeVillain’s previously written consent, and Artist may not use any third-party marks without the third party’s previously written consent.
BEFORE CLICKING “SUBMIT”, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING “SUBMIT”, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT WITH RESPECT TO THE WORK YOU ARE CURRENTLY SUBMITTING AS WELL AS WITH RESPECT TO WORK YOU HAVE SUBMITTED IN THE PAST AND MAY SUBMIT IN THE FUTURE.
Artist Agreement and Terms of Use updated as of January 1, 2022.
