Personalized Product Policy

Printify, Inc. (“Printify” or “we”) provides a platform that connects e-commerce merchants selling a wide variety of products  with its global network of third-party print providers. When purchasing such products from a merchant on any storefront or through a marketplace, you are not buying directly from Printify, but from the particular merchant.  Printify is not responsible for and does not guarantee or endorse any products sold or any content posted by merchants on such storefront or marketplace.

Before proceeding with such a purchase, please read this Personalized Product Policy carefully. This document is a legally binding contract between Printify and you, the buyer ("Buyer" or "You"), meaning the individual who creates and/or orders a Personalized Product using Printify’s personalization tools made available through the applicable storefront or marketplace, for the creation and ordering of personalized products. By clicking "Create," "Personalize," "Add to Cart," or "Order" (or any similar affirmative action) in connection with a Personalized Product, You acknowledge that You have read, understood, and agree to be bound by this Personalized Product Policy. If You do not agree, do not create or order a Personalized Product.

A. Your Content

1. Certain e-commerce merchants may  allow You to create and order personalized products, via a direct storefront or through a marketplace, by customizing text, image or other elements on an eligible product (“Personalized Product”) which then may get routed to fulfillment through Printify global network of third-party print providers. By inserting any text and/or uploading any image, photograph, graphic, design, or other materials (collectively - “Content”) to be used on a Personalized Product, You warrant that:

1. You own the Content or You have the rights or permission to use the Content; 
2. You assume all responsibility for the Content, and
3. You hereby grant to Printify and its designated third parties a worldwide, unlimited, transferable, sub-licensable, royalty-free and irrevocable license to use any Content You provide to provide, operate, secure, maintain, and improve the rendering, personalization, and fulfillment services in any formats and through any channels.

2. As a condition of being able to create and order a Personalized Product, You agree that You will not upload Content that:

1. exploits or abuses children, including but not limited to images or depictions of child abuse or sexual abuse, or that presents children in a sexual manner;
2. harasses, bullies, defames or threatens a specific individual;
3. condones or promotes violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition or veteran status, promotes crimes and/or terrorism;
4. is obscene or that facilitates or promotes activities that go against the laws of the jurisdictions in which You operate or do business;
5. violates, misappropriates or infringes on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
6. contains personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent;
7. promotes self-harm.
8. implies or promotes support or funding of, or membership in, a terrorist organization;
9. promotes harmful misinformation that is known to or may reasonably lead to violence or threats to the health and safety of the public, or creates a risk of harm or harassment.

3. Printify at its discretion and at any time may refuse to provide services with regard to any Personalized Product that we deem infringing, obscene, offensive or otherwise inappropriate.

4. When You create or order a Personalized Product, Printify may view and monitor the Content, and also log and analyze your interactions with personalization tools for the purposes of ensuring the Content does not violate applicable laws, for preventing and investigating suspicious activity and for protecting our and our merchant legal interests. Any information obtained may be provided to law enforcement organizations in connection with the investigation or prosecution of possible criminal activity involving Personalized Product and/or Content You have provided.

B. Warranties and Limitation of Liability

1. You release Printify from any claims related to Personalized Products, including for accuracy, intellectual property compliance, legality and defects. You also release us from all liability relating to the Content.

2. If a dispute arises from or related to this Personalized Product Policy, You agree to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. You further agree that any unresolved controversy or claim arising out of or relating to the Personalized Product Policy shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You and Printify agree that each may bring claims against the other only in Your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement, except that the enforceability of this class-action waiver shall be decided by a court.

3. To the extent any dispute isn’t arbitrable under applicable laws or otherwise, You and Printify both agree that such dispute will be resolved exclusively in accordance with Section B.4 of this Personalized Product Policy.

4. This Personalized Product Policy shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the United States District Court for the District of Delaware, for any actions not subject to arbitration as outlined herein.

5. WARRANTIES. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND "AS AVAILABLE" WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

6. LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PRINTIFY (NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES) SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL PRINTIFY'S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF: (A) $100 USD, (B) ANY AMOUNTS YOU PAID FOR AN ITEM SOLD BY A MERCHANT (INCLUDING ANY APPLICABLE SALES TAX). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

C. Indemnification

You agree, without limitation, to indemnify, defend, reimburse, compensate, and hold Printify (including any of our employees, officers, directors, agents, subsidiaries, and affiliates) harmless from any allegation, claim, demand, lawsuit, loss, liability, or expense of any kind (including reasonable lawyer’s fees) that arises from Your Content, Your breach of this Personalized Product Policy, and/or Your actual or alleged violation of any law or any third party’s rights. Printify reserves the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us.