Terms of Service
Last Updated on May 1st, 2018
These terms and conditions are a legal agreement between you (“you,” “your”) and Subliminator.com website") and the services provided on or at the Site (combined with and including the Site, the "Service") and govern your use of Subliminator’s services.
The service is the ownership of Subliminator and is controlled and operated by Subliminator ("Subliminator"). Subliminator’s services are offered to you (“the User”) under the condition of your acceptance, without alteration and moderation, of all of the terms and conditions contained herein and all other policies, procedures and operating rules that may be published periodically on the Site by Subliminator including, without limitation: Shipping, Return Policy, Privacy Policy and others. Acceptance and acknowledgement of this Agreement is the prerequisite for using this site. Do not use the Site, unless you agree to these terms.
Subliminator is a print-on-demand company for businesses that wants to contract out its manufacturing and delivering segments. We white-label products and dropship the products ("Products") directly to your customers ("Customers").
1. Access & Membership
In order to reap the benefits of all the services provided by Subliminator, it is required for the User to register and become a member ("Member"). Becoming a Member includes registering on the Site and providing all required personal information. The User has the option of not accepting marketing and promotional emails. If the User wants to cancel its membership, it can do so at any time by canceling online on the Site. Completion of the registration process requires the User to provide an email address and a password. The Subliminator account registered in the name of a specific User belongs to that User, and may not be used by a different User without the consent of the User to whom the account belongs. The User is required to maintain the security of its account’s password, and is entirely responsible for the activity that occurs on User’s account. In case of any breach of security or unauthorized use of its account, the User is required to notify Subliminator without any delay. Subliminator is not to be held accountable and will be exempt from any responsibility for the User’s losses caused by any unauthorized use of its account. User may be held accountable for the losses of Subliminator or others that occurred as the result of such unauthorized use.
Subliminator reserves the right to change, suspend or discontinue the Products, Services, charges, and fees at any given time, including the accessibility and functionality of any content, or feature. In addition, Subliminator also reserves the right to limit, without notice or liability, certain features and Services, as well as User's ability to access parts or all of the Services. The User confirms and verifies that if the User is an individual (i.e., not a corporation), the User is 18 years of age or older. The User also confirms and verifies that he/she is is legally allowed and authorized to use the Service, and accepts full responsibility for the selection and use of the Service. This Agreement goes out of power and is void where disallowed and forbidden by law, and the right of the User to access the Service is recalled and abolished in such jurisdictions.
2. Modifications
Subliminator is entitled to alter and amend this Agreement, terms, charges, terms in its sole discretion, at any given time. It is the duty of the User to review and learn about these modifications. The use of the Service by the User after learning about these modifications will be considered and regarded as the User's acknowledgement and approval of the terms and conditions of changes as modified.
3. Content
1. Your Content on Our Services
You retain all the rights pertaining to the content you post using our Services. We will refer to this content as “Your Content” further in this text. Subliminator as a company, and any of its personnel, do not make any claim(s) to it including any type of the content that you submit using our Services such as your videos, shop name, images, comments, usernames, your customer reviews, etc.)
a.
Responsibility for Your Content. You acknowledge that Your Content is solely the responsibility of you as the User. With regard to your products manufactured, sold, or warehoused by Subliminator, you recognize and state firmly that by posting or using Your Content on your products, you’re not infringing or violating any third party’s rights, and also that the content you submit is either owned by you, or that you possess all the required rights to Your Content.
b.
Permission to Use Your Content. Subliminator accepts and consents to the fact that Your Content belongs to you and will remain yours. Subliminator will never use it without your given consent. Given consent here means any type of written request to not use content.
c.
Rights You Grant Subliminator. By allowing the posting of Your Content, you authorize and warrant Subliminator a worldwide, irrevocable, sub-licensable, royalty-free, perpetual, permanent, non-exclusive license to use, modify, edit, display, multiply and replicate, store, distribute, and prepare derivative works of Your Content to offer and operate the Services and to promote Subliminator, your Subliminator store, or the Services in overall, through any channels and in any formats, including over and through any Subliminator Services or third-party website, platform or advertising medium.
d.
Reporting Unauthorized Content. Subliminator attaches high importance to the intellectual property rights and acts in accordance with intellectual property laws. Therefore, we will follow appropriate legal procedures and remove the content in violation of these laws from the Service(s).
e.
Intellectual Property. Subliminator appreciates and acknowledges your work and provides you with the opportunity to articulate and apply your ideas. We require that you be respectful of the work and rights of others. The content you submit must be either owned by you, or you must be entitled to use, display, and resell it. Content must be respectful of and adhere to applicable state and federal laws, and especially copyright laws, trademark and right of publicity.
f.
Trademarks and Infringement of Intellectual Property: In case of an alleged infringement of intellectual property, upon proper notice, Subliminator attempts and aspires to respond quickly and takes action aimed at blocking, disabling access, and removal of such questionable material. If any of these actions are executed, Subliminator will make a reasonable effort to contact the party that is allegedly infringing, and will present and give information related to and of importance for the notice and removal. If copyright infringement is confirmed, we will provide details about counter notification.
i.
Counter DMCA Notifications: Upon receipt of a DMCA counter notification, Subliminator may allow for the removed material to be substituted or for the access to it to be reinstated 10 business days after receipt of the counter notice. An action filed by the copyright owner seeking a court order against the allegedly infringing party will prevent previously described measures from being taken by Subliminator, provided that the copyright owner informed Subliminator of his action. A copy of the counter notice will be sent to the original complaining party by Subliminator.
ii.
Repeat Infringement: If Subliminator receives repeat notices of intellectual property infringement regarding a particular member, that member's account privileges will be revoked and canceled under appropriate conditions and in Subliminator's sole discretion.
g.
Copyright Responsibility. By accepting these terms and conditions and using our Services, you acknowledge and confirm that you are the owner of the content you submit, or that you possess express authority and written permission to use the content, and that you are legally entitled to display, multiply, replicate, and sell the content.
i.
If someone else has posted to the Services the content you own and have rights to, and this was done without your permission, you have the right to ask Subliminator to remove it. In this case, you need to contact our customer service department directly in order for the appropriate steps to be taken, and you should also review the status of your complaint within 30 business days starting from the date of first reporting.
ii.
In case of Your Content being in violation of another person’s intellectual property as described in section F, it will be blocked in our sole discretion.
h.
2. Your Use of Our Services
You are provided and granted by Subliminator non-transferable, revocable, non-exclusive license to use our Services, platforms, and integrations, all in accordance with the Terms and the restrictions, particularly the following:
a.
Do Not Use Subliminator's Services to Violate the Law. You accept and consent to not break any laws in relation to your use of the Services. These laws include any local, state, federal, and international laws that you or Subliminator may be subject to.
i.
The following may be given as examples: obtaining any licenses or permits required for your store falls under your obligations, taking part in fraudulent, anti-competitive, threatening activities, theft, or criminal or any other unlawful acts against Subliminator, any of Subliminator users, or a third party is strictly forbidden.
b.
Don't Perform Actions That May Be Harmful to Our Systems. You consent to not perform any action that may potentially hinder and obstruct our Services, including, but not limited to: distributing a virus, other harmful computer code into Subliminator's platforms, third party services, or other programs or systems our clients may use for promotion of their products. You give your consent to Subliminator having the right, in our sole discretion, to monitor and inspect our platforms (systems) for the purpose of safeguarding the integrity and adherence to this agreement.
c.
Brand Guidelines to Follow. The following are trademarks, service marks, or trade dress of Subliminator in the European Union, US, and all other countries: The name “Subliminator,” our logos, designs, iconography, phrases that we use in relation with our Services. We use these for proprietary purposes at our sole discretion.
d.
Share Your Ideas. We want to improve your experience and our Services, and your helpful suggestions and ideas will be greatly appreciated. With the exception of Your Content or products you sell or warehouse through our Services, any materials that you submit to Subliminator or any unsolicited ideas, are deemed nonproprietary to you and non-confidential. You authorize and warrant Subliminator a worldwide, irrevocable, sub-licensable, royalty-free, perpetual, permanent, non-exclusive license to use and publish those materials and ideas on any basis and for any purpose, without payment or reward to you at any time.
e.
Communication Methods. Certain legal information will be presented and given to you in writing by Subliminator. By using our Services, you give your consent to our communication methods which contains details about how we present and give that information to you. This can be summarized in the following sentence: we reserve the right to not mail you paper copies, but instead send you information electronically, by email, etc. Reducing the amount of paper used in our business also shows our environmental awareness.
3. Warranties and Limitation of Liability
a.
Items Your Clients Purchase Through Your Sites. You agree that Subliminator does not make any warranties about our clients' stores, content, images, or whatever they sell to their own customers. In case of any of your customers filing a legal claim in relation to an item purchased by your customer, that claim must be exclusively and entirely directed toward you as the seller of the item. You consent to release Subliminator from any claims in relation to items sold through our Services. This includes, but is not limited to, misrepresentations by sellers, items that caused physical injury such as product liability claims, or consideration for defective items from the goods that were or are still stored in our warehouses.
b.
Content You Access. If, while using our Services, you come in contact with offensive or otherwise inappropriate materials, you agree that Subliminator will not be under an obligation to complain or take any action officially regarding any content posted by users through the Services. Subliminator is not to be held accountable for the accuracy, copyright compliance, legality, or decency of content posted by users that you came in contact with through our Services. You consent to release us from all liability concerning that content.
c.
Decisions on Content and Art. In order to decide what is the best for Subliminator, our clients and communities, we take into account and assess many various factors. Freedom of expression is one of the highest values we tend to protect and promote. We do lean toward items that include and offer educational, artistic, or historical value, However, we are aware that even items that belong to the aforementioned categories can fall under different genuine and reasonable, but also conflicting explanations, descriptions and comments as well as emotional reactions and responses.
i.
We must be aware of the fact that history and art can often times be sensitive, emotional, and can cause serious disagreements. We must also admit that there may be some topics that we as a society may never be able to reach consensus on, and we should treat this as a normal occurrence in life.
d.
Third-Party Services. There may be links on our website(s) leading to third-party websites or services of which we have no control whatsoever, nor do we own them. Example of such links may be links to Twitter, Pinterest, Facebook. Some of our Services may require you to use a third party’s product or service in order for you to be able to fully use them. One such example is using a compatible mobile device along with our mobile apps. You access third-party services at your own risk and you may be asked to adhere to their own terms of use. In this case, you understand that this relationship is formed exclusively between the third party in question and you, and that Subliminator is not involved in any way in those agreements.
e.
Warranties. Subliminator services are provided "as is" with no warranty, explicit or implied. We do not offer any warranties of non-infringement, merchantability, title, and suitability for a particular purpose, any warranties implied by a course of dealing, course of performance, or usage of trade.
We cannot be held accountable for and we do not warrant the following:
i.
Availability and security of our Services at any particular time or location
ii.
Correction of and solution to any errors or defects
iii.
Permanent absence of viruses or other damaging or destructive materials
iv.
Your satisfaction with using our Services true to your expectations. Note that the User is using any of our Services on his/her/its own risk.
v.
The above limitations will not be applicable and will not be put into effect in jurisdictions where limitations on implied warranties are not permitted.
f.
Liability Limits. Subliminator, our employees or directors shall not be liable to you, to the fullest extent permitted by law, for the following:
i.
Any lost income, gains or profits
ii.
Any indirect, incidental, consequential, or punitive damages originating out of the Services or in any relation to the Services or these Terms.
The highest amount that Subliminator may pay in any case for any damages on the basis of its aggregate liability is one hundred ($100) US Dollars or the amount you paid Subliminator in the past 12 months, whichever is least.
The above limitations will not be applicable and will not be put into effect in jurisdictions where limitations on incidental or consequential damages are not permitted.
4. Indemnification in case of a lawsuit
We are convinced that Subliminator will never, or only in extremely rare cases, get sued because of something that you did or are responsible for. However, if this does happen, you consent to do whatever is in your power to protect and indemnify us. This includes taking actions on your part to defend Subliminator, or our employees, or directors and keep us shielded and unharmed from any legal claims or demands, including reasonable attorney’s fees, that emerges as a result of any of your activities, your use or misuse of our Services, your account’s violation of someone else’s rights, your infraction of the Terms.
You consent to allow us to perform and manage our legal defense however we deem appropriate, including the situation in which you are compensating and atoning us. Furthermore, you agree to support us and behave helpfully regarding the implementation of our defense strategy.
5. Disputes with Subliminator
If for any reason you believe we wronged you or made you feel uncomfortable in any way, please don't hesitate to notify us without delay, and we will try to do whatever is possible within reason to solve and settle your issue. If this proves unsuccessful, the following rules will be applicable to any legal dispute in connection with our Services:
a.
Governing Law. The Terms are regulated by and are under the laws of the Country in which Subliminator resides as an organizational facility, and its conflict of laws rules are subject to this. The laws of the Country in which Subliminator resides apply regardless of the location of your permanent or temporary residence or work. Your local consumer protection law may provide you with the protection of the mandatory consumer protection provisions, if you live outside of the Netherlands.
b.
Modifications. Any changes made to this “Disputes with Subliminator” section after the date you last accepted the Terms, will not apply to any claims filed in a legal proceeding against Subliminator prior to the date the changes came into effect. Any changes to any terms and policies will be noted and incorporated into the “Change Log” section of our website not less than thirty days prior to the date the change will come into effect. In case you don't consent to changes in Terms, you have the option of sending Subliminator a written notification, email included, or you can close your account before the changes become effective.
i.
Refusal to Accept Modification: The act of rejecting a modified term or permanently closing your account represents your acceptance of this “Disputes with Subliminator” section and its provisions, and you consent to arbitrate any disputes between you and Subliminator in accordance with these provisions as of the date you last accepted the Terms, including any changes made prior to your refusal. If you decide to keep your current account, or reopen your closed account, or create a completely new account, you agree to be subject to and adhere to the current version of the Terms of Service and Conditions.
6. Alterations of the Terms and Conditions of Content
These terms can be updated at any time. If we deem alterations material, we will undoubtedly let you know by doing one, or more than one, of the following: (1) we will post the alterations through the Services or (2) sending you an email or message about the alterations. This will allow you to make a proper decision about your account and the use of our Services. From the moment alterations have been posted, they go into effect. It is your responsibility to review and learn about any changes. By using the Services, you acknowledge and give your consent to the updated Terms.
7. Other Important Legal Points
The provisions of the Terms and Conditions for content, including all of the guidelines and policy that make up the Terms in totality, exercise priority over any other agreements that may exist between you and Subliminator regarding the Services. If any part of the Terms is deemed impossible to enforce, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Not enforcing any part of the Terms does not constitute a a waiver of our right to execute and implement that or any other part of the Terms at a later time. We retain the right to assign any of our rights and obligations under the Terms.
4. Responsibility of site members and visitors
Abuse or infraction of this Agreement or any other rules will have as consequence the termination of your Subliminator account.
Subliminator and people designated by Subliminator shall be entitled, but are not obliged, to check, review, reject and remove any Content that is available via the Subliminator Services. You acknowledge and accept that you must assess, take and endure all the risk associated with, the use of any Content. This includes any certainty and trust regarding integrity, entirety, usefulness, or accuracy of such Content. Related to this, you understand and accept that you may not completely trust, believe, or depend on any Content created by Subliminator or submitted to Subliminator, including without limitation information in Subliminator posts, collaborations and in all other segments of the Subliminator Services.
Without restricting other remedies, we may restrict, pause or stop for an undetermined period of time, or completely cancel, and end our Service and User accounts, ban access to our Site, postpone or remove hosted Content, and also undertake appropriate legal or technical actions to make it impossible for the Users to access or use our Site, all this in case we believe that they are creating problems, possible legal liabilities, or acting discordantly with or contrary to the provisions and intentions of our policies. We have every right to cancel accounts that have been inactive for extended periods of time as well as unconfirmed accounts.
It is a user's obligation to supply correct, precise, and true information to Subliminator, including but not limited to, its retail price. In case the User has provided Subliminator with incorrect, imprecise, or false information, the following rules will apply: (1) the User shall be responsible and held accountable by Subliminator for damages and losses, including but not limited to taxes, that may originate from such incorrect, imprecise, or false information and (2) the User shall compensate Subliminator for such damages and losses, including but not limited to taxes, and (3) Subliminator is entitled to charge the Client for such damages and losses, including but not limited to taxes.
5. Payments and fees
In order to process all future shipments and charges, Subliminator may gather and store Member's debit or credit card information. Saved Member's debit or credit card will be for this purpose charged automatically, unless the Member contacts Subliminator through the Site and requests otherwise. You will be charged the fees that are in effect at the time of a Product being ordered or a Service being used. Fees may be changed from time to time, for example in case of holiday sales, discount of the base product price, promotional events or new Services, and such changes become effective when these events or a new Service are posted on the Site. The moment you click on the "confirm" button, your purchase will enter our ordering process and you will be charged. Then, we will send you an email with all the details of your order.
By clicking on the "confirm" button during the placement of your order, you affirm and certify that you have all the legal rights to use the means of payment that you presented and used and, if you used the debit or credit card, that you are either the cardholder or have the cardholder's explicit permission to utilize the card to effect payment.
For a groundless and unjustified chargeback, the User shall compensate Subliminator for its losses which include chargeback handling fees in the amount of 15 USD per chargeback and fulfillment costs.
We reserve the right to decline the processing of a particular transaction for any reason or reject and disallow Service to any subject at any time at our sole discretion. Once the processing has begun, we may decline or suspend any transaction, and for this we can not be held legally accountable by you or any third party.
Unless otherwise declared, all fees and payments are quoted in U.S. Dollars. The User has an obligation to pay all fees, payments and applicable taxes associated with our Services and Site. After we successfully receive your order, we will send you an email verifying the price, description and details for the Products ordered. This email will also include information regarding your rights to return purchased goods. In order for the Products you purchased to be shipped to you, payment of the total price plus taxes and delivery must be made in full.
Discounts have relevance to, and exert effect on qualified monthly recurring charges before taxes, shipping and other fees. In order for the User to be awarded discounts, the User must be over certain threshold of monthly revenue in the preceding calendar month. Tiers to which discounts apply are listed on our Site, and these tiers as well as discounts themselves, may be altered, put on hold, or terminated at any given time.
6. Local taxes
If and as applicable, sales taxes, VAT and other taxes and duties associated with the Products are the commitment and obligation of the User and the User shall charge them.
7. Shipping and returns
Please understand that once you have pressed the "confirm" button, editing or cancellation of your order may not be possible. However, changing certain parameters such as Customer address, etc., may still be possible provided that such an option is available in your account. We cannot guarantee that such changes in your order will actually be made, but we can assure you we will try our best in each individual case. In case of a Product not received or claimed as flawed or defective, we promise we will look into it, conduct reasonable investigation and will decide at our sole discretion about possible replacement of Products and credits to the Member's account.
Once we deliver items to the carrier, the risk of loss and title for such items are transferred to the User. Claims related to a lost shipment are the responsibility of the Customer and it's up to the Customer to file such claim provided that carrier tracking system shows that the Product was delivered. In cases like this, Subliminator has no obligation to resend the Product or make any refunds.
If the Customer demands replacement of the Product or return of the funds, Subliminator will take such a request into consideration only: (a) in case there is a broken or missing Product, or a print error if it is Subliminator’s fault and (b) provided that Subliminator receives a complaint about the broken product within 30 days from the day the Product was delivered to the Customer, or if the Product is missing, within 30 days after the estimated delivery date.
8. Description of products
Taking into consideration the fact that majority of component parts of our Products are standard, all Products available for purchase are described on their respective design pages on our Site. We make every effort to represent each design as precisely as possible, and for this purpose we use photography and copy points provided by artists, designers or photographers.
We have a strategy and system of permanent and persistent Product development which enables us to offer you what is in our opinion the best design combined with best performance. Therefore, we reserve the right to amend the specifications of Products, their price, packaging and any Service associated at any time, without the obligation of prior notice. We strongly suggest that you carefully learn about the at the Product description and design. Regarding our Products, we sincerely try to present the best images and descriptions, however, we cannot guarantee that colors and details in website images correspond 100% with the true and actual products. Also, measures of the Products might in some cases be approximate.
Products that were damaged as the result of a manufacturing process will apparently not be shipped out to Users and Customers. They can, however, be used for charitable reasons. Subliminator has every right to donate all damaged items with partial or full designs to charity. In this case, the User will not be entitled to collect royalties or other fees regarding damaged products that are donated.
9. Purchase of products
The order that you make constitutes an offer to us to purchase a Product. This offer is considered accepted once we send you an email order confirmation, and thus the contract is formed. The fact that a specific Product was on the same order does not automatically mean that it becomes a part of the contract. For a specific Product to be formally deemed a part of this contract, it must be confirmed in an order-confirmation email. Subliminator will in no case be responsible or held accountable for any special losses due to specific circumstances of the User an/or Customer, wasted expenditure, collateral, incidental or consequential losses.
Orders are placed and received exclusively via the Site. Before you make an order, it is completely up to you, and it is your duty to assess full ability to receive the Products. Correct Customer’s name, address and post code/zip code, User’s up-to-date telephone number and email address are absolutely crucial for the successful delivery of Products.
Pay attention to the information you enter at the checkout page, it must be correct and accurate. Subliminator will not be held accountable for a missed delivery because of the incorrect information provided. If you need to make some modifications or completely change delivery address, phone number, or you have any other specific requirements, you are free to contact Subliminator.
Delivery costs are included in all our prices. Some Products can be packaged and shipped independently of each other.
We will advise you of any known delay in the delivery of Products, however, we do not guarantee delivery dates and accept no responsibility in case Products are not delivered according to the estimated delivery date. The delivery date estimated at the time of placing and confirming order can be changed. We will make every reasonable effort to notify you about all changes.
We strive to ensure that our delivery process is as easy and straightforward as possible. For an ownership of the Products to be transferred to you/Customer, the full payment of all sums due in respect of the Products, including delivery charges and taxes, is required. Ownership does not pass to you/Customer before this requirement is fulfilled.
11. Absolvement
You absolve Subliminator, our directors, subsidiaries, officers, agents, employees and joint ventures of any demands, claims, damages (direct and consequential) known and unknown, of any type and nature, that are originating from or are in any way related to such disputes. You acknowledge and accept that Subliminator has no authority over and does not guarantee the delivery of the advertised collaborations. Subliminator is not to be held responsible for the non-fulfillment of any benefits of an anticipated collaboration and will not be required to compensate for any damages resulting from it.
12. Trade marks
When you use any of our trademarks to refer to our Products or Services, it is required that you include a statement accrediting that trade mark to us. It is forbidden to use any of our trademarks in your own trademarks, as part or as the whole, in relation to any of the following:
• Products or Services, or activities which are not ours
• the manner which may be confusing, deceptive, deceitful or misleading
• the manner which trivialize, undervalue, or in other way harm us or our information, products or services (including the Site), and our credibility.
13. Protection against a loss
You will protect Subliminator, its directors, agents, officers, employees, subsidiaries, and joint ventures from any demands or claims made by any third party due to or originating from your breach of this Agreement, or your abuse or infraction of any law or the rights of a third party, and will provide compensation for any financial costs connected with these demands and claims, reasonable attorneys' fees included.
14. Law and Jurisdiction
15. General
This Agreement does not intend to form, and does not create joint venture, agency, partnership, franchisor-franchisee, employee-employer relationship, etc. You recognize and admit that you possess all required permits to grant us with Customer’s personal data for the purpose of performing and completing this Agreement.
Stipulations of this Agreement that are deemed unenforceable or invalid shall be annulled and the remainder of the Agreement shall still apply. Upon notice to you, and in our sole discretion, we may assign this Agreement. Please understand that titles and sub-titles are for reference purposes only and do not limit the scope or extent of the specific section.
We reserve the right to not take action against all breaches of this Agreement. Not taking action on our part in case of a particular infringement by you or others does not constitute surrender or abandonment of our right to act with respect to subsequent or similar infractions.
Subliminator is entitled and free to assign or transfer this Agreement, any right, and any obligation originating from this Agreement at any time.
Copyright © 2018 All Rights Reserved
