Printify, Inc.
108 West 13th Street,
Wilmington, Delaware 19801
Last updated: September 23, 2024
Before signing up for the Dropp*d Design Service please read these terms and conditions (“Terms”) carefully. These Terms govern Your use of the Dropp*d Design Services (“DesignServices”). You confirm your agreement to these Terms by registering for the Design Services and/or upon your registration for the Design Services, at which point this document becomes a legally binding contract between You and Printify. These Terms are supplemental to the Printify Dropp*d Services Terms & Conditions (available at: https://printify.com/droppd-terms-and-conditions/) and shall only be applicable to those signed up for the Printify Dropp*d Services and the Design Services.
A. Definitions
- “User,” “You,” and “Your” refers to the individual person, company, or organization, including Your authorized representative, that has visited or is using the Design Services; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions.
- “Merchant” refers to an individual person, company, or organization using Printify services.
- “Us” and/or “We” and/or “Printify” refers to Printify, Inc., as well as our affiliated legal entities, subsidiaries (including, but not limited to, Printify Development SIA), directors, contractors, licensors, officers, agents, and employees. Printify reserves the right to and may provide services to you through various Printify legal entities depending on multiple factors, such as, but not limited to Print Provider’s location, your location, region in which the transaction takes place and others.
- “Design Services” refers to the additional design services offered by Printify under the Printify Dropp*d Services as defined in Your Sign Up Form. Design Services are referred to collectively for the purpose of these Terms, but shall be provided on an individual basis based on the Sign Up Form as completed by You.
- The Design Services shall only be available in addition to the Printify Dropp*d Services as outlined in the Printify Dropp*d Terms and Conditions (available at: https://printify.com/droppd-terms-and-conditions/) which are to be seen as the principal agreement between the parties, to which these Terms and the Design Services described herein are supplemental. Termination of Your enrollment in the Printify Dropp*d Services shall simultaneously terminate Your enrollment in the Design Services.
- “Sign Up Form” refers to the online form used to enroll You to the Printify Dropp*d Services.
- Any term not defined herein shall have the same meaning as defined in the Printify Dropp*d Terms and Conditions (available at: https://printify.com/droppd-terms-and-conditions/).
B. General
- You are responsible for complying with all policies, guidelines, and instructions provided by Printify. By registering for and using the Design Services, You agree to the Terms without modification and enter into a binding agreement with Printify.
- You are responsible for Your own actions and behavior while using the Design Services, and any content You share or contribute to the Design Services. Content shared should be appropriate, respectful, and in compliance with applicable laws and regulations, copyrights, intellectual property rights, and the Terms (“User Content”). You retain any intellectual or other proprietary rights that You may contribute to the Design Services as part of your User Content.
- You understand and acknowledge that Printify is not liable for any damages, losses, or injuries incurred during or as a result of the Design Services. You engage in these Design Services at Your own risk. In no event shall Printify, its officers, directors, agents, affiliates, employees, advertisers, or providers be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of use, loss of profits, or loss of data You may incur as a result of participating in the Design Services. No part of the Design Services is intended as professional or legal advice. You are encouraged to seek professional advice relevant to your particular circumstances before making any decisions or taking any actions based on the information contained herein. Printify makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the content contained in the Design Services. Any reliance you place on such information is strictly at your own risk. Always consult with a qualified professional or legal advisor regarding specific questions or concerns you may have.
- You agree to indemnify and hold Printify and its parent, subsidiaries, affiliates, partners, and providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, or Your violation of any law or the rights of a third party.
- Printify reserves the right to revise the Terms as necessary at the sole discretion of Printify and the most current version will always be posted on Printify’s website or directly communicated to You. Your receipt or use of the Design Services after any such revision will be considered Your acceptance of such revised Terms. The “Last Updated” date at the top of the Terms reflects the date of the last modification. By registering for the Design Services, You agree to the latest version of the Terms.
- You acknowledge and agree that Design Services may be hosted or provided through or by a third-party which is not operated or controlled by Printify. By accessing or participating in any activities as part of the Design Services, You agree to comply with all applicable terms, conditions, and policies of such a third-party in addition to these Terms.
- Printify is not responsible for the operation, content, privacy practices, or any other aspect of any third-party platform. Any issues arising from the use of a third-party platform should be directed to the respective third-party provider. Printify disclaims any liability for any actions, losses, or damages arising out of or related to the use of a third-Party platform.
- You are responsible for maintaining the security of Your own devices, accounts, and login credentials used to access the services hosted by Printify or any third-party provider for the purposes of the Design Services. Sharing login credentials or providing unauthorized access to third parties is prohibited. You must not transmit any viruses or any code of a destructive nature.
- These Terms and the underlying agreement between the Parties are exclusively governed by and construed in accordance with the laws of the state of Delaware, U.S.A., without giving effect to such state’s choice-of-law rules that may require the application of the laws of another jurisdiction. Each party, acting for itself and its successors and assigns, hereby expressly and irrevocably consents that any disputes, controversies, or claims arising out of or in connection with this agreement, or the breach thereof, shall be finally settled subject to the claimant’s choice either by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules, such arbitration shall be seated the in New York, or by the courts of Delaware, as well as the United States District Court for the District of Delaware.
- EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THIS SECTION B, PRINTIFY HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL REPRESENTATIONS AND OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, IN CONNECTION WITH THIS AGREEMENT AND THE SUBJECT MATTER HEREOF, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND ANY AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
- You must be at least 18 years old.
- You may not use the Design Services or any information gained from it for any illegal or unauthorized use.
- Printify policies, including the Printify Terms of Service, Printify Intellectual Property Policy, and Printify Privacy Policy apply to these Terms. Printify policies apply to You even if you are not a Merchant.
C. Privacy Policy
- These Terms govern the collection, use, and disclosure of personal information of You using the Design Services. By registering for the Design Services, You acknowledge that You have read, understood, and agreed to the Privacy Policy of the Terms.
- Any content You share or create in connection with the Design Services or any information You share with Printify or other Users during the Design Services or any post-course surveys or feedback is not considered to be confidential.
- Printify may collect personal information from You (“Personal Data”), including but not limited to:
- Name, contact information (e.g., email address, phone number), and professional information (e.g., job title, company name) provided during registration.
- Information shared during the Design Services, such as questions, comments, or survey responses.
- Technical information is automatically collected, including but not limited to IP address, device information, and browser type.
- Personal Data may be used for the following promotional purposes, including but not limited to:
- Communicate with Users about the Design Services, including updates, schedule changes, or important announcements.
- Organize and facilitate the Design Service.
- Provide access to any materials related to the Design Service.
- Personalize the Design Service experience, including tailoring content or recommendations based on Your preferences.
- Improve the Design Service, Printify services, and understand Your needs and interests.
- Conduct surveys, evaluations, or research related to the Design Service.
- Comply with legal obligations or to protect Printify’s rights and interests.
- Send promotional offers, newsletters, or marketing communications.
- Personalize Printify’s content, recommendations, or advertisements.
- Conduct market research, analytics, and statistical analysis.
- Improve Printify’s products, services, and website functionality.
- Any other legitimate promotional purposes of Printify’s products and services.
- Printify may share Personal Data with
- Printify’s employees, agents, consultants, and other affiliates, including Printify Development SIA.
- Third-party service providers who assist Printify in organizing the Design Service.
- Printify’s business partners or affiliates for joint marketing or promotional activities, with consent from Participants where required by law.
- Law enforcement agencies, regulatory authorities, or other third parties when necessary to comply with legal obligations, enforce rights of Printify, or protect the rights, property, or safety of individuals or others.
- Affiliates of the Design Service Affiliate Program if the Participant has signed up using a custom coupon code from an affiliate.
- Personal Data may be shared in aggregated or anonymized form for statistical analysis, marketing, or promotional purposes.
- You have the right to:
- Access Your Personal Data and request information about its usage.
- Rectify any inaccurate or incomplete Personal Data.
- Object to the Personal Data usage for promotional purposes.
- Ask Printify for supplementary information about:
i. The categories of Personal Data Printify is processing;
ii. The purposes of Personal Data processing;
iii. The categories of third parties to whom the Personal Data may be disclosed;
iv. How long the Personal Data will be stored for (or the criteria used to determine that timeframe); - You can exercise these rights at any time by sending Printify an email to [email protected].
- Printify may use cookies and similar technologies to collect information and enhance Your experience. By registering for or using any Design Service, You consent to the use of cookies in accordance with the Printify’s Privacy Policy and Cookie Policy available on the Printify’s website: https://printify.com/privacy-policy/.
- Personal Data will be retained only for as long as necessary to fulfill the purposes outlined in these Terms unless a longer retention period is required or permitted by law. The criteria used to determine the retention period include the nature of the Personal Data, the purpose for which it was collected, legal obligations, and our business needs.
D. Intellectual Property Policy
- Terms govern the use and ownership of intellectual property of the Design Service organized by the Organizer, as well as the intellectual property of the Participant, if any.
- Intellectual property refers to any copyrights, trademarks, patents, trade secrets, or any other intellectual property rights protected by applicable law.
- All intellectual property rights in and to the Design Service, including any materials or content presented or distributed in connection with the Design Service (subject to Section E), are owned by Printify. Printify’s trademarks, logos, and service marks and those trademarks, logos, and service marks licensed to Printify are registered and unregistered marks of Printify.
- You shall not use any intellectual property used in the Design Service protected by copyright, trademark, or other intellectual property rights without obtaining the necessary permission in writing from Printify.
- Printify may grant permission to You to use intellectual property (i.e., any materials, copyrights, trademarks) used in the Design Service for the purpose of promoting the Design Service; provided, however, that such permission must be granted in writing prior to your use. Unauthorized use of intellectual property is strictly prohibited and may result in legal action.
- You, Your sponsors, or other individuals or entities hereby release and waive any claims, demands, or actions against Printify arising from the use or misuse of their intellectual property during or in relation to the Design Service.
- You shall maintain the confidentiality of any proprietary or confidential information disclosed to them during the Design Service.
E. Services
- The Design Services provided, their scope, and cost are as outlined in Your Printify Dropp*d Services Sign Up Form.
- Upon your full Payment, Printify hereby assigns to You, but subject to Section E(3) of these Terms, all right, title, and interest in and to the intellectual property rights to the content created as part of the Design Services provided (“Content”). Notwithstanding the foregoing, Printify reserves, the right, and You hereby grant to Printify a non-exclusive, royalty-free license, to use, reproduce, distribute, display, and modify the Content, including User Content, for promotional, development, sales, and other related purposes (including for the purposes of providing the Design Services) unless reasonably prohibited by You in writing upon the acceptance of the Design Services.
- Notwithstanding the ownership of the Content as provided herein, You hereby agree and covenant that You shall not, directly or indirectly, engage, collaborate, or contract with any third party to use, replicate, modify, or distribute any print products or make products available for printing containing the Content. In the event that You breach this convent, then You agree to pay Printify liquidated damages in the amount of five thousand United States dollars ($5000). The parties agree that this amount is a reasonable estimate of the actual damages that Printify would suffer in the event of such a breach and that this amount is not a penalty. The parties further agree that the harm caused by such a breach would be difficult to calculate precisely, and that this liquidated damages amount represents a fair and equitable compensation for the breach.
- Revisions of each Design Service provided shall take place as stated in Your Sign Up Form.
- Printify is not responsible if the information made available during the Design Services is not accurate, complete, or current. The materials provided as part of the Design Services are provided as general information only and should not be relied upon or used as the sole basis for decision-making without consulting other sources, e.g., primary sources, more complete and more timely sources of information. Any reliance on the material provided by Printify is at Your own risk.
- Printify reserves the right to modify and make changes to the contents of the Design Services and its related websites at any time. However, the Design Services has no obligation to update or amend any information contained in the Design Services or on its related websites. It is Your responsibility to monitor the changes made to the Design Services and its related websites.
- Printify reserves the right but is not obligated to limit the sales of the Design Service or other services to any person within any geographical area or jurisdiction. Printify may exercise this right on a case-by-case basis. Printify reserves the right to limit the quantity of any products or services offered by Printify. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Printify. Printify reserves the right to discontinue any product at any time, giving a 30-day notice.
- Payment of the fee for the particular Design Service will give you access to the Design Service (“Design Service Fee”). The Design Service Fee might differ for a User who has signed up for the Design Service for a discounted price offered at the sole discretion of the Organizer.
- The Design Service Fee is subject to change without notice. If you purchase the Design Service before the change in Design Service Fee, then your Design Service Fee will remain the same. The Design Service Fee shall be reflected in Your Sign Up Form.
F. Payment
- You will be issued an invoice of the Design Service Fee for the Design Services (“Invoice”). The Invoice will be sent to the email address you have provided when signing up for the Design Services. The Invoice must be paid by you within seven (7) days of being issued (“Payment”).
- Providing of the Design Services shall only commence after Printify has received the Payment in full. If Payment is not made within seven (7) days of the Invoice being issued by Printify, Your order for Design Services will be canceled.
- Upon issuance of the Invoice Printify will calculate taxes based on Your indicated place of residence.