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Terms

Terms and Conditions

Last Updated: May, 12 2021

Welcome, and thank you for your interest in That Merch (“That Merch”, “we,” “our” or “us”). Thatmerch.com (“the site”) offers this website, including all information, electronic communications, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These Terms of Service are a legally binding contract between you and That Merch regarding your use of the Service. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, and/or purchasing a subscription package, and/or any other product or service you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. Eligibility. To use this service, you must be at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. If you are an entity, organization, or company, the individual accepting these terms on your behalf represents and warrants that they have the authority to bind you to these Terms and you agree to be bound by these Terms. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.

2. General Conditions. We reserve the right to refuse access to the Service to anyone for any reason at any time. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view pages within the Service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Service, without express written permission by us. You agree to accept responsibility for all activities that occur under your account and/or creator page. Your registration and your use of the Service is in compliance with all applicable laws and regulations. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

3. Accuracy, Completeness and Timelines of Information. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4. Modifications to the Service and Prices. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

5. Products and/or Services. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. That Merch does not warrant that product descriptions or other content of the Services is accurate, complete, reliable, current, or error-free. Please note that some product images are printed more faded than online images. We advise you reach out to our team regarding specific products before purchasing. We also advise creators to order samples of products they would like to offer on their pages before making them available to their audience.

6. Returns. Customers must contact us via email prior to returning any product. At this time we do not accept returns unless the product was damaged, misprinted, or incorrect. We do not accept returns for buyer’s remorse, and/or size changes, or other reasons. Any claims for damaged, misprinted, or incorrect items must be submitted within 7 days after the product was received in its original packaging. Our team will determine if a return will be accepted. All purchases of merchandise from That Merch are made pursuant to a shipment contract. This means that the risk of loss and title for merchandise pass to you upon our delivery to the carrier of the applicable merchandise. All exchanges will be made at the customers expense. If there is an address error and the order is returned to our facilities, customers will be liable for reshipment costs of the order after the new address has been updated. 

7. Billing and Account Information. That Merch uses Shopify Inc. (“Shopify”) to provide its e-commerce services and to process payments made. We also use PayWhirl Inc. (“Paywhirl”) to help facilitate payments made for our subscription services. Shopify and Paywhirl handle any information you provide to them in accordance with their respective privacy policies which can be found at:https://www.shopify.com/legal/privacyand https://app.paywhirl.com/privacy. By using the Services, you consent to That Merch providing relevant information to Shopify and Stripe in order to provide the Services to you (as further described in That Merch’s Privacy Policy and acknowledge that you have read and agree to the terms of Paywhirl’s and Shopify’s privacy policies. We offer multiple payment methods and if you elect to use one of these payments providers, your use of these services and the information you provide to them is governed by their respective terms and privacy policies. Before you make a purchase via the Site, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

8. Third Parties. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Your dealings with third parties who market, sell, buy or offer to sell or buy any goods or services via the Service, including payment for and delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

9. User Comments, Feedback, Content and Other Submissions. If, at our request, you send us certain specific submissions (for example contest entries) or without a request from us you send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you send to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. We may, but have no obligation to, monitor, edit or remove Content within the Service that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Service. To the extent that you submit any Content or Comments, you represent and warrant that Your Content or Comments do not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your Content or Comments do not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of Your Content or Comments. You are solely responsible for Your Content and Comments you make and their accuracy. We take no responsibility and assume no liability for Your Content or Comments, or any Content posted by any third party. These Terms are also related, but not limited so our social media channels.

10. Personal Information. Your submission of personal information through the store is governed by our Privacy Policy. 

11. Content. Certain features of the service may permit users to upload/share content to the service, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. By using our service and/or purchasing a subscription you grant That Merch a worldwide, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). That Merch’s use of your User Content may be without any compensation paid to you. You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions, to use and to authorize That Merch and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you and in the manner contemplated by us. You grant us permission to use User Content on merchandise sold on the site. The use of your User Content as contemplated by these Terms, does not and will not: infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or cause That Merch to violate any law or regulation. To the extent you have made content accessible to others through the Service, you acknowledge and agree that we may continue to make your content, and associated Content, accessible to others through the Service even after you have terminated your subscription with us. We may use said content on merchandise, our site, our social media, or any other capacity. We own the Intellectual Property for images we create. We are not liable for any images, logos, etc. on your merchandise. We are not liable for infringement of any type on said images. Please check with your personal council regarding laws surrounding images and content in your store before selling through That Merch. Liability for infringement is on the user and the user alone.

12. Errors, Inaccuracies and Omissions. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

13. Prohibited Uses. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

14. Subscription Terms. If you use the Service to sell your products or goods, in addition to the remainder of the Terms the following terms and conditions shall also apply:

1. Subscriptions. We offer subscription plans with monthly and annually subscription periods. In each case, your subscription will continue to renew on a monthly or annually basis without renewal notices unless and until you cancel by following the steps set forth in the “Cancellation” section below. We reserve the right to make changes to the features offered under your subscription plan at any time. In addition, we may change your monthly subscription fee at any time in our sole discretion; however, any price changes will not be implemented until your next subscription period and we will always give you reasonable notice prior to such implementation. If you do not agree to the new fee, you can cancel your subscription before your next subscription period by following the cancellation steps set forth below. If you do not cancel, you will be charged the new fee commencing with the next subscription period. There are no refunds to any of our subscription plans once payment is processed. 

2. Cancellation. You may cancel a recurring subscription at any time by sending us an email (hello@thatmerch.com). If you cancel your subscription, your account will automatically close after the next full month at the end of your current subscription period. For example if you cancel in the middle of a month you will be charged for the next full month. One-time purchases of specific events cannot be cancelled once processed.

3. Payments. Your subscription begins as soon as your initial payment is processed. You will be charged for a monthly subscription on the ‘monthly anniversary’ of the day you purchased your subscription (e.g., if you purchased on March 8th, you will be charged April 8th, May 8th, etc.). You will be charged a for an annual subscription on the 'annual anniversary' of the day you purchased your subscription. All payments made hereunder are non-refundable, even if you cancel your subscription in the middle of a monthly or annual subscription period. Reconciliation of payment (plus or minus) will be reflected on the next month payout. 

4. Commissions. In addition to the monthly subscription fee, That Merch will share profits from each sale with its users. That Merch will pay users 25% of the sale price of each order (this does not include tax, shipping, or additional fees). Upgrade fees come out of the 25% commission (i.e. printing on back, printing on sleeves). These fees are assessed on a design by design basis. Digitization fees are also deducted from the 25% commission. For example if the item is $30.00 the user will be paid a commission of $7.50 minus any applicable fees mentioned above. This is due to the low risk nature for our users, and That Merch incurring costs and risks associated with each sale. That Merch pays its users their commissions monthly, the month after the sales took place (e.g., profits from March will be paid to the user in April).

5. Taxes. You are solely and fully responsible for payment of any income taxes applicable to the amount you earn through using our service. We will provide a copy of IRS form W-9 no later than January 31st each calendar year for beneficiaries who received more than $600 in total payouts during the previous calendar year.

15. Disclaimer of Warranties; Limitation of Liability. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall That Merch, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

16. Indemnification. You agree to indemnify, defend and hold harmless That Merch and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim, demand, loss, damage, cost, liability and expense, including reasonable attorneys’ fees, resulting from or arising out of (1) your violation of these Terms of Service (including the documents incorporated by reference herein), any law or regulation, or any rights (including intellectual property rights) of another party, (2) Your Content, or (3) your use of the Service.

17. Severability. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

18. Termination. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). Any provision that, by its terms, is intended to survive the termination of these Terms of Service shall survive such termination and the obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

19. Governing Law. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States. 

20. No Class Actions. You and That Merch agree that all claims shall be resolved only on an individual basis and not in a class, collective, consolidated or representative action, arbitration or other similar process and expressly waive any right to have a claim determined or resolved on a class, collective, consolidated or representative basis.

21. Changes to Terms of Service. You can review the most current version of the Terms of Service at any time at this page.  We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website and these Terms periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

22. Contact Information. Questions about the Terms of Service should be sent to us at hello@thatmerch.com.