End User License Agreement
IntroductionAlter Sleeves is about celebrating design and creativity. We encourage you to be involved in every aspect of Alter Sleeves – display your designs, give feedback, write reviews, participate in forums, team up with other members to collaborate on projects, and talk to each other. To make this online destination for creativity available, it is essential that Alter Sleeves users respect the intellectual property rights of others, including copyright and trademarks. You must only upload content you have created yourself and have permission to use and authorize others to use. If you are a customer or browser, please respect the copyright and trademarks of all the works you see or buy on Alter Sleeves. Respecting other people’s intellectual property is an essential principle of Alter Sleeves’ community. Displaying your work on Alter Sleeves puts it out there for the world to see. You need to be aware that publishing your work in this way attracts legal responsibilities. It is up to you to make sure you are not breaking any laws by publishing your work through Alter Sleeves. Respect each other and respect the art you find here and you’ll help make Alter Sleeves an inspiring and enjoyable community. It is important you read the agreement below. Using this website means you accept this agreement. If you do not agree with its terms, do not use this website.
Legal AgreementAll visitors (“user”, “you”, “your”) to the Alter Sleeves website at www.AlterSleeves.com (“the website”) are entering a binding legal agreement on the following terms (the “agreement”) when using the website. The agreement is between the user and either or both of Sleeves Alters BV or Sleeve Alters, LLC or Alter Sleeves Inc. or Alter Sleeves Europe ( “Alter Sleeves”, “we”, “us”, “our” refer to either Alter Sleeves Ltd or Alter Sleeves Inc. or Alter Sleeves Europe as the context requires) and use of this website indicates continued acceptance of this agreement.
EligibilityOur services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Our services are not available to persons under 16 years of age.
Amendment to this agreementWe may amend the terms of this agreement from time to time, and we will let you know about these changes either by sending you an email to the email address you have registered with Alter Sleeves or by displaying information about the changes on our home page, or both. Either way, your continuing use of the website will be taken to be acceptance of the new terms.
Our serviceAlter Sleeves provides a range of services (the “Alter Sleeves service”) which, amongst other things, enable you to publish, sell, discuss and purchase art; interact with other members; and receive the benefits of Alter Sleeves’ facilitation of product fulfillment, including payment processing, customer services, third party product manufacturing. In addition, Alter Sleeves will arrange for the delivery of the physical product to your customer. The digital content on the website (“your content”) may be information, text, data, graphics, images, photographs, sound, video, music or any other material posted online by users. Any content that you upload into the portfolio section of your account is described as your “art”. Your art may be viewed by all users of the website once you elect to publish it. You may order a physical product based on your own art or you may offer your art for sale as part of the sale of a physical product. If you or a customer decide to place an order, then Alter Sleeves will physically produce your product or forward your instructions to third parties who will manufacture and ship the physical product in the form specified by you or the customer (“the product”).
PasswordsYou are responsible for actions made on the website using your password, including any products purchased or sold and any content displayed or messages sent, even if these actions were not approved or contemplated by you. You are solely responsible for any loss caused by any use of your password by you, or any other person. You agree that you will not disclose your password to any other person and you will not keep your password where it can be copied or used by anyone other than you. If you suspect someone else knows your password, you must change it immediately.
Putting content on the Alter Sleeves siteYou keep the copyright in any content you submit or upload to the website. In order to receive the Alter Sleeves services you grant Alter Sleeves a non-exclusive royalty free license to use and archive the content in accordance with or as reasonably contemplated by this agreement. When you submit or upload content on the website you represent and warrant that:
- you own all copyright in the content, or if you are not the owner, that you have permission to use the content, and that you have all of the rights required to display, reproduce and sell the content;
- the content you upload will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or rights of privacy or publicity;
- your use of the website will comply with all applicable law, rules and regulations;
- the content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
- the content does not include malicious code, including but not limited to viruses, trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information; and
- the content is not misleading and deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions.
Offering your art for sale on a physical productAny member may offer their art for sale on a physical product on the website by appointing Alter Sleeves to facilitate the transaction on the terms set out in the Services Agreement in Appendix A. By agreeing to the terms of this user agreement you expressly agree to the terms of the Services Agreement in Appendix A, which will apply from the date on which you offer your first art for sale on a physical product and your continued use of the website will constitute ongoing agreement to the terms therein as updated from time to time.
Purchasing a Product on Alter SleevesUsers can purchase products on the Alter Sleeves website using a valid credit card through Stripe. You do not have to be a member to purchase a product. The price you pay is fixed at the time of ordering. It is the customer’s responsibility to ensure the product delivery address is correct. Alter Sleeves takes no responsibility for any product a customer does not receive because of errors in the delivery address given to us. We do not warrant, endorse, make representations about or recommend any content or art offered or provided by any member.
You Instruct Alter Sleeves to cancel incorrect ordersYou acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight. You acknowledge that we cannot facilitate an order where such an error exists and hereby instruct us to cancel such an order and take other action as required. You authorize us to cancel an order if we believe that it is being made in contravention of this agreement, or in contravention of the rights of any person or any law. We may cancel an order even if it has been confirmed and the customer’s credit card has been charged. We reserve this right up until the time of delivery of the product to that customer. If a cancellation of this nature occurs after the customer has been charged for the product, we will credit the customer’s credit card for the amount in question.
DeliveryDelivery will be facilitated pursuant to the customer’s instructions by postal or courier service and will be paid for by the customer at the price indicated at the time of purchase. Alter Sleeves will charge shipping charges to the customer which will vary depending upon the size and price of the product.
Damaged GoodsIf a product is delivered to a customer, whether in electronic or printed format, that is electronically or physically damaged in some way (for example, an Alter Sleeve is damaged or misprinted) Alter Sleeves will happily replace the copy if we manufactured it, or contact the manufacturer or seller to issue a replacement copy of the product after receiving reasonable proof of that damage. If you receive a damaged product, then you must contact Alter Sleeves customer service within 14 days of receipt to tell us about the nature of the damage and to arrange for a new product to be sent to you at no cost to you. Please be aware that publishing to the website is creator-controlled and we do not screen all of the content on our website. It is the customer’s responsibility to verify the quality of the content (including but not limited to misspelled words, grammatical errors, formatting, design or overall appearance) before ordering a product. This damaged goods policy does not apply to content, only to the physical product.
Excess InventoryYou grant Alter Sleeves permission to dispose of any inventory that becomes excess as a result of refund, reprint, fraud, product sampling or promotional activities, in any manner we see fit.
Reporting inappropriate content to Alter SleevesAlter Sleeves does not manually screen content before it is displayed on the website so occasionally members may inadvertently or deliberately submit and display content that breaches this agreement. Inappropriate content includes, but is not limited to, content that infringes the copyright or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. Alter Sleeves reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
Specific warningsYou must ensure that your access to this website and the Alter Sleeves service is not illegal or prohibited by laws that apply to you. You must take your own precautions to ensure that the process that you employ for accessing this website and the Alter Sleeves service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website. We do not accept liability for any losses arising directly or indirectly from a failure to provide the Alter Sleeves service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Alter Sleeves service, or any transmissions by others in contravention of the registered members’ obligations as set out in this agreement. You acknowledge that we may not be able to confirm the identity of other registered members or prevent them acting under false pretenses or in a manner that infringes the rights of any person.
Intellectual Property Rights and licenseBy submitting listings to Alter Sleeves, you grant Alter Sleeves a non-exclusive, worldwide, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of and display the content of such listings in connection with Alter Sleeves’ (and its successors’ and affiliates’) services and business in facilitating the sale of your product, including without limitation for promoting and redistributing part or all of the Alter Sleeves site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Alter Sleeves site a non-exclusive license to access your content through the site, and to use, reproduce, distribute, and display such content as permitted through the functionality of the site and under this User Agreement. The above licenses terminate within a commercially reasonable time after you remove or delete your listings from the Alter Sleeves site. The above licenses granted by you in user comments you submit, are perpetual and irrevocable. All intellectual property rights in this website and the Alter Sleeves service (including the software and systems underlying the Alter Sleeves service, and text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under relevant Copyright and Trade Mark legislation throughout the world, and except as expressly authorized by this agreement, you may not in any form or by any means:
- use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
- commercialize any information, products or services obtained from any part of this website, without our written permission.
Linked websitesThis website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
DisclaimerWe do not represent or guarantee that the Alter Sleeves service or this website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to the Alter Sleeves service or these websites will be uninterrupted. You acknowledge that the Alter Sleeves service or this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures. We do not warrant that any members’ uploads to this website will be protected against loss, or misuse or alteration by third parties. We do not warrant that all uploaded content will be available on our website. If we elect in our sole discretion to make available content on our website, we do not warrant that it will be available within a certain time frame. We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website. To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following, which we may offer as a gesture of goodwill:
- if the breach relates to goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
- if the breach relates to services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again
IndemnityYou agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless, as well as, all third parties printing, manufacturing and/or otherwise fulfilling the products you are selling via the website, their officers, directors, employees, agents and representatives harmless, from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from:
- your breach of any clause of this agreement;
- any allegation that any materials that you submit to us or transmit to the website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
- your activities in connection with the website.