OTCSHOP.CO.ZA COMMUNITY GUIDELINES AND TERMS OF USE
Hello! Welcome to OTC SHOP Community Guidelines and Terms of Use. Please read this carefully before using our website, services, and products. This is a contract between you and OTCSHOP.co.za
1. YOUR ACCEPTANCE
By using and/or visiting the www.threadless.com website or any other website owned by OTCSHOP.co.za (as defined below), or any successor website of the foregoing (collectively the "Website"), you ("You") acknowledge that You have read, understood and agree to these Terms of Use.
These Terms of Use constitute a binding agreement between You and Silver Solutions 3117 BK and its parents, subsidiaries, affiliates, successors, and assigns (collectively “OTCSHOP.co.za”). You are authorized only to use the Website if You agree to abide by these Terms of Use and all applicable laws. Please read these Terms of Use carefully. If You do not agree to these Terms of Use, please do not use or visit the Website.
2. ADDITIONAL POLICIES
In addition to these Terms of Use, the following additional terms and policies (the "Additional Policies") govern the rights and responsibilities of artists, visitors, and all users of the Website:
* The Seller Profile Policy is an agreement between OTCSHOP.co.za and artists or designers who open an Marketplace Profile on the Website to offer and post for sale products featuring their own artwork. You can read this policy here.
* The Rules for Buyers set forth the rights and obligations of users who visit the Website to browse or shop. You can read this policy here.
* The OTCSHOP.co.za Privacy Policy here.
* The OTCSHOP.co.za and Intellectual Property Infringement Policy.
* The Policy Concerning Payments to Artists and Seller Profile Owners.
All of these Additional Policies are incorporated into, and are a part of, these Terms of Use.
3. GRANT OF RIGHTS
OTCSHOP.co.za hereby grants You permission to use the Website as set forth in these Terms of Use, provided that: (i) You will not copy or distribute any part of the Website in any medium without OTCSHOP.co.za’s prior written authorization; (ii) You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iii) You will otherwise comply with the terms and conditions of these Terms of Use.
4. YOUR ACCOUNT AND ACCOUNT ACTIVITY
In order to access some features of the Website, including but not limited to opening a Seller Profile, You have to create an account. When creating Your account, You must provide true, current, accurate and complete information about yourself. You are not allowed to use another user’s account without permission. You may not select a user name that is vulgar, offensive, obscene, or attempts to impersonate another person. If OTCSHOP.co.za suspects that Your account information is not true, complete, current, or accurate, or that You have otherwise violated these Terms of Use, Your account may be subject to suspension or termination, and You may be barred from using the Website. By creating an account with OTCSHOP.co.za, You represent that You are of legal age to form a binding contract and are not a person barred by any laws from using the Website.
You are solely responsible for the activity that occurs on Your account, including the activities of others and regardless of whether such activities are authorized, and you are responsible for keeping Your account password secure. You may change Your password at any time. You agree to immediately notify OTCSHOP.co.za if You suspect or know of any unauthorized use of Your password or account or any other breach of security. OTCSHOP.co.za cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4.
5. USE OF YOUR ACCOUNT INFORMATION
You acknowledge and agree that OTCSHOP.co.za may preserve Your account information and may also disclose user information, if required to do so by law or if we believe, in good faith, that such preservation or disclosure is reasonably necessary to: (i) comply with the legal process; (ii) enforce these Terms of Use; (iii) respond to legal claims; or (iv) protect the rights, property, or personal safety of OTCSHOP.co.za, its users, or the public.
6. LINKED WEBSITES
The Website may contain links to third party websites that are not owned or controlled by OTCSHOP.co.za ("Linked Websites"). Those links are provided for convenience only and may not remain current or be maintained. OTCSHOP.co.za does not screen Linked Websites and has no control over, and assumes no responsibility for, the content, quality, suitability, functionality, legality, privacy policies, or practices of any Linked Websites. You acknowledge and agree that OTCSHOP.co.za is not responsible for the content or privacy practices associated with Linked Websites and it is your responsibility to review those policies before accessing those sites. If you access a Linked Website, you do so at your own risk. By using the Website, You specifically release OTCSHOP.co.za from any and all liability arising from Your access or use of any Linked Website, Your correspondence or dealings with other users, advertisers, partners, or other third parties found on or through the Linked Websites, and/or Your participation in promotions, sweepstakes, campaigns, or any other venture hosted, endorsed, or sponsored by other users, advertisers, partners, or other third-party parties outside the Website.
7. USER SUBMISSIONS
The interactive nature of postings on the Website makes it impossible for OTCSHOP.co.za to assume responsibility for any of the information, material, or content posted by users.
The ideas, suggestions, opinions, comments, chat, text, messages, and observations made by users of the Website ("Commentary"), the photographs, artwork, sketches, videos, designs, and images ("Artwork") and any other files, material or information provided to the Website by users (all of which are referred to as "User Submissions") are not endorsed by OTCSHOP.co.za, and we make no guarantee regarding the reliability, accuracy, nature, origin, or quality of any User Submission that is posted on the Website. You acknowledge that You will evaluate and bear any risks related to Your User Submission, or Your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission, and Your sole recourse for any damage You may suffer as a result of any User Submission, or any portion thereof, shall be to such individual, and not OTCSHOP.co.za.
By posting a User Submission to the Website, You represent that: (i) You are the owner of the User Submission; or (ii) you have the right and license to use the User Submission; or (iii) the User Submission is in the public domain; or (iv) to Your knowledge, no one else claims ownership of, or exclusive rights to, the User Submission; and (v) You have the legal right to grant a license to OTCSHOP.co.za to use the User Submission.
You hereby grant OTCSHOP.co.za a worldwide, non-exclusive, royalty-free, sub-licenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submission (and derivative works thereof) in any media now known or hereafter developed.
If You choose to post a User Submission on the Website, we require that You adhere to generally accepted rules of etiquette and standards of behavior. You understand that OTCSHOP.co.za does not guarantee any confidentiality with respect to any User Submission.
OTCSHOP.co.za expressly disclaims any and all liability in connection with User Submissions. OTCSHOP.co.za reserves the right to remove any User Submission in its sole discretion and without prior notice.
8. LICENSE AND USE OF ARTWORK
OTCSHOP.co.za’s services empower artists to earn money from their Artwork by making it immediately available for sale on a variety of products - without giving up control of their rights. You retain all of Your ownership rights, including all copyright and other intellectual property rights, in the Artwork you submit to the Website and to Your Seller Profile. The exception to this is Artwork submitted to the Website in a themed design challenge in which case the third party sponsor of the challenge may require ownership of all Artwork submitted in that challenge. Please refer to the rules applicable to any design challenge you enter.
By uploading Artwork to the Website, You grant OTCSHOP.co.za the license above in Paragraph 7, and further agree that OTCSHOP.co.za may: (i) display your Artwork on the Website and in magazines, television shows, movies, on the Internet, and other media; (ii) sell Your Artwork; and (iii) make modifications to your Artwork as necessary to prepare your Artwork for use in a particular product category or for other manufacturing purposes. In addition, you represent that OTCSHOP.co.za may legally make and sell merchandise incorporating Your Artwork without being obligated to make any payments to, or obtain any permission from, any third party.
You may delete your Artwork from the Website at any time, but due to caching and other technical issues, it may take a number of days for it to be completely removed from the Website. Upon the removal of Artwork by You (in the case of a Seller Profile), or by OTCSHOP.co.za (by emailing info@otcprinting.co.za), the licenses above will terminate, except that, to the extent any Artwork has been incorporated into merchandise purchased and/or manufactured by OTCSHOP.co.za prior to Your removal, OTCSHOP.co.za may sell-through all such merchandise until it is depleted. The terms regarding payment to Artists apply to such sales. OTCSHOP.co.za may also continue to use your Artwork in marketing and promotional materials if such materials were created prior to Your removal of the Artwork from the Website.
9. IMPROPER USE OF WEBSITE
You may not, in connection with the Website:
* Upload, post, email or otherwise transmit any material that is libelous, invasive of another’s privacy, defamatory, pornographic, sexually explicit, unlawful or plagiarized;
* Upload, post, email or otherwise transmit any material that infringes or violates any patent, copyright, trademark, trade secret or other proprietary rights of any person;
* Upload, post, email or otherwise transmit any material that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, or racially or ethnically offensive;
* Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation;
* Upload, post, email, or otherwise transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality or any computer software or hardware or telecommunications equipment;
* Circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or any content on the Website;
* Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity;
* Intentionally or unintentionally violate or encourage others to violate any applicable law, statute, ordinance or regulation;
* Provide false or deceptive information;
* Solicit personal information from anyone under 18;
* Breach a duty of confidentiality by which You are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
* Delete, add or otherwise change other people’s User Submissions;
* Remove or alter any copyright or other proprietary notices on or in connection with any content on the Website.
* Use or launch any automated system or technological devices or programs that access the Website in a manner that sends more request messages to the OTCSHOP.co.za servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; and
* Access, monitor or copy any content or information from the Website using any robot, spider, scraper or other automated means or any manual process for any purpose. Notwithstanding the foregoing, OTCSHOP.co.za grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. OTCSHOP.co.za reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
10. COMMUNITY GUIDELINES
To make sure that the community spaces on OTCSHOP.co.za, including, but not limited to any message boards, discussion groups, comments, and forums ("Community Spaces") are safe and respectful, the following policies apply to all Community Spaces:
* Keep Your content relevant and moderate it correctly. If You’re unsure whether content is appropriate or consistent with these community guidelines or any other terms included in these Terms of Use, err on the side of caution and do not post it.
* Respect other Users’ privacy. Private or personally identifying information should not be shared in Community Spaces or other public areas of the Website.
* Community Spaces may not be used to publicly disparage anyone, any User Submission, or any Seller Profile.
* Community Spaces may not be used to harass other users.
* You may not publish or post threats of violence, or promote or encourage others to engage in violence or illegal activity.
* Report abusive content to info@otcprinting.co.za if you see it.
11. PRIVACY
You agree not to collect or use anyone else’s personally identifiable information ("Personal Information") including, without limitation, individual names, account names, email addresses, or other user-identifying information from the Website.
OTCSHOP.co.za uses Your information only as described in the Privacy Policy here. We view protection of users’ privacy as very important. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account and changing your account preferences or opting-out of certain communications. If you object to your information being transferred or used in the manner provided for in the OTCSHOP.co.za Privacy Policy your sole recourse is to stop using the Website and services offered by OTCSHOP.co.za.
12. MODIFICATIONS TO THE WEBSITE
OTCSHOP.co.za reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof), with or without notice, and to block You or anyone else from the Website, at any time in its sole discretion, provided, however, that OTCSHOP.co.za has no obligation to update, store, maintain or correct any information on the Website. OTCSHOP.co.za shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website.
13. TERMINATION
OTCSHOP.co.za may, in its sole discretion and without prior notice, immediately suspend, disable, or terminate Your account, with or without cause.
Notwithstanding the foregoing, cause for such termination shall include, but not be limited to: (i) breaches or violations of the Terms of Use (including the Additional Policies); (ii) requests by rights holders, law enforcement, or other government agencies; (iii) a request by You (self-initiated account deletions); (iv) discontinuance or material modification to the Website (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) engagement by You in fraudulent or illegal activities; and/or (viii) nonpayment of any fees owed by You in connection with the Website or any other Threadless.com product or service. Threadless.com may, but shall not be obligated to, give you one warning if you have violated these Terms of Use, prior to terminating your account.
Termination of Your account may include: (i) removal of access to the Website; (ii) deletion of Your password and all related information, files and materials, including any User Submission associated with You or Your Seller Profile; (iii) barring further use of the Website; and (iv) closing your Seller Profile. Further, You agree that Seller Profile shall not be liable to You or any third party for any termination of Your account or access to the Website.
You may terminate these Terms of Use at any time by terminating your Account use of the Website.
On termination of these Terms of Use for any reason, the rights and licenses granted to You hereunder will immediately terminate and the provisions of these Terms of Use that by their nature and context are intended to survive termination shall survive. Without limitation of the foregoing, OTCSHOP.co.za shall have the right to retain copies of all User Submissions in its archives for its internal business purposes and legal purposes.
OTCSHOP.co.za shall have no liability to you for any damages, loss of profits or other claims arising from the termination or suspension of your access to the Website, Your account, or Your Seller Profile.
14. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, OTCSHOP.CO.ZA, AND ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF OTCSHOP.CO.ZA, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. OTCSHOP.CO.ZA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, USER SUBMISSION OR OTHER MATERIAL OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, USER SUBMISSION, OR OTHER MATERIAL POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. OTCSHOP.CO.ZA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND OTCSHOP.CO.ZA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OTCSHOP.CO.CA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL OTCSHOP.CO.ZA, OR ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF OTCSHOP.CO.ZA, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, USER SUBMISSION, OR OTHER MATERIAL POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT OTCSHOP.CO.ZA SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by OTCSHOP.co.za from its facilities in South Africa. OTCSHOP.co.za makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
16. INDEMNITY
You agree to defend, indemnify and hold harmless OTCSHOP.co.za, and any director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Threadless.com, from and against any and all alleged claims, claims, damages, obligations, losses, liabilities, fines, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) Your use of and access to the Website; (ii) Your violation of any term of these Terms of Use; (iii) Your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right; or (iv) any alleged claim, claim, or cause of action that one (or more) of Your User Submissions caused, is causing, or will cause damage to a third party, as a result of infringement or otherwise. This defense and indemnification obligation will survive these Terms of Use and Your use of the Website.
17. ABILITY TO ACCEPT TERMS OF USE
You affirm that You are either over 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. OTCSHOP.co.za is not intended for children under 13. If You are under 13 years of age, please do not use the Website.
18. ASSIGNMENT
These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by You, but may be assigned, transferred, delegated, and sublicensed by OTCSHOP.co.za without restriction.
19. INTELLECTUAL PROPERTY OWNED BY OTCSHOP.CO.ZA AND ITS LICENSORS
The Website is owned by Silver Solutions 3117 BK. The Website and its original content, features, and functionality are protected by South Africa and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws. No portion of the Website may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of OTCSHOP.co.za, or as otherwise agreed to in writing by the appropriate Licensor.
20. CONTESTS, DESIGN CHALLENGES, PROMOTIONS
Contests, design challenges, surveys, games or other promotions (collectively, "Promotions") made available through the Website may be governed by specific rules that are separate from these Terms of Use. By participating in any such Promotion, You will become subject to those rules, which may vary from the terms and conditions in these Terms of Use. We ask You to please review any specific rules applicable to a particular Promotion. To the extent that the terms and conditions of such rules conflict with these Terms of Use, the terms and conditions of such Promotion shall control, but only to that Promotion.
21. RELEASE
If You have a dispute with one or more Website users, You release OTCSHOP.co.za (and OTCSHOP.co.za’s officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
22. GENERAL, AMENDMENTS
In the event any provision contained in these Terms of Use is determined to be invalid, illegal or otherwise unenforceable in any respect for any reason, the validity, legality and enforceability of the provision in every other respect and the remaining provisions of these Terms of Use will not be in any way impaired and shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and OTCSHOP.co.za’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
OTCSHOP.co.za reserves the right, at any time, in its sole discretion, and without prior notice, to change these Terms of Use, including the Additional Policies, in whole or in part, which shall take effect upon posting to the Website. You are responsible for reviewing and complying with the Terms of Use in effect at the time you use the Website. It is Your responsibility to review these Terms of Use for any changes. You acknowledge that you will be bound by the revised Terms of Use as of their effective date set forth therein and your continued use of the OTCSHOP.co.za Website constitutes acceptance of them.
These Terms of Use, including, without limitation, the Additional Policies, which are incorporated herein by reference, set forth the entire understanding and agreement between you and OTCSHOP.co.za with respect to the subject matter hereof.
23. VIOLATIONS OF THESE TERMS OF USE
Please report any violation of the Terms of Use, including objectionable User Submissions or behavior, to info@otcprinting.co.za. Please state the reasons for Your concern and provide a link to the User Submission, other material or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, OTCSHOP.co.za in its sole discretion may investigate the matter and take such action as OTCSHOP.co.za determines to be appropriate.
These Terms of Use were last revised in July 2018.
SELLER PROFILE POLICY
By opening a Seller Profile on the Website You agree to this Seller Profile Policy which is a part of the Terms of Use.
1. SELLER PROFILE SET UP
Your Seller Profile must be created and opened in compliance with the rules concerning Your Account and Account Activity in the Terms of Use. In particular, You may not use another user’s account without permission; You may not select a Seller Profile name that is vulgar, offensive, obscene, or attempts to impersonate another Seller Profile owner; You may not name Your shop by using a third party’s trademark; and, when creating Your Seller Profile, You must provide true, current, accurate and complete information about yourself.
2. YOUR ARTWORK
Please refer to the License and Use of Artwork section in the Terms of Use, which applies to all Seller Profile owners. In addition, and specifically with respect to Artwork displayed by You in Your Seller Profile, it will be sold according to Your specifications and via the Website only. Artwork displayed in a Seller Profile will not be distributed to third party retailers or distributors for further sale or distribution, unless otherwise agreed by You and OTCSHOP.co.za.
3. REMOVAL OF ARTWORK AND CLOSING OF SELLER PROFILE
You may delete Your Artwork from Your Seller Profile or close Your Seller Profile at any time, but due to caching or other issues, it may take a number of days for deletions or closures to take effect. To the extent any of the Artwork displayed in Your Seller Profile has been incorporated into merchandise purchased and/or manufactured by OTCSHOP.co.za prior to the deletion of Your Artwork or closing of Your Seller Profile, OTCSHOP.co.za may sell-through all such merchandise until it is depleted. The terms regarding Payments to Artists and Profile Owners apply to such sales. OTCSHOP.co.za may also continue to use your Artwork in marketing and promotional materials if such materials were created prior to Your removal of the Artwork from the Website, and/or the deletion or closing of Your Seller Profile.
4. TAGS, PRODUCT DESCRIPTIONS, AND LABELING AND DESCRIBING THE ARTWORK AND PRODUCTS IN YOUR SELLER PROFILE
By providing high-quality, accurate information, You help Users find Your products quickly and easily.
At the time You post products in Your Seller Profile, You will be asked to provide information (title, description, tags, categories) about Your products and Artwork so that visitors to Your Seller Profile can search and find relevant products.
You will make best efforts to provide accurate, non-misleading information about Your products and Artwork and You agree not to submit information unrelated to Your products or Artwork for any purpose. If OTCSHOP.co.za determines that information is misleading or inaccurate or that it violates these Terms of Use, Seller Profile may inform you to delete such information or the related product entirely, in its sole discretion.
You agree to use the Website and conduct Your Seller Profile in a manner that demonstrates common sense and respect for the rights of Seller Profile, other artists, Website users, and third parties and in accordance with applicable laws and regulations. Here are some of the basic rules for labeling the products in Your Seller Profile:
* Only use accurate and relevant terms that describe the specific products in Your Seller Profile.
* You may not intentionally misspell Your product names (unless such misspelling is part of the Artwork).
* You may use a short descriptive phrase as a tag if it accurately describes Your product.
* You may not stuff multiple words into a single tag that do not comprise a descriptive phrase.
* You should only state what the item is, not what the Product may become or potential uses for the Product.
* You may not use words that are derogatory.
* You may not use malicious tags or descriptions.
* You may not use trademarks you do not own to refer to your Artwork or products.
You may report problems, offensive content, and policy violations in the Seller Profile to us at info@otcprinting.co.za.
5. ENFORCEMENT/TERMINATION
OTCSHOP.co.za may take the following actions to enforce the terms of this Seller Profile Policy:
* Send a notification informing You of any offending action, behavior, tag, spam or description, and request that You take corrective action immediately.
* Make Your product(s) unavailable.
* In the case of certain repeat offenders, OTCSHOP.co.za will, in its sole discretion, withhold payment and/or shut down an Seller Profile.
Additionally, OTCSHOP.co.za reserves the right to remove, limit, suspend, or terminate Your account or Seller Profile, prohibit access to Your Seller Profile and its content, and discontinue its relationship with any users that OTCSHOP.co.za determines in its sole discretion are in violation of the Terms of Use. The rules regarding Termination apply to Seller Profile.
6. PAYMENTS, TIMING OF PAYMENTS, AND INELIGIBLE SALES
Please refer to the "Policy Concerning Payments to Artists and Seller Profile Owners."
7. SELLER PROFILE ORDERS AND CONTACT INFORMATION
For customer orders made in your Seller Profile, OTCSHOP.co.za may facilitate the sharing of customer information such as e-mail address and shipping address. We expect you to respect the privacy of the information you may receive. Please refer to our Privacy Policy here, and our Community Guidelines, which are included in our Terms of Use here. Additionally, please refer to our Data Processing Addendum here, which governs how we collect and handle personal data. OTCSHOP.co.za has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Remember that you need to comply with all relevant legal rules when you use OTCSHOP.co.za. This includes applicable data protection and privacy laws which govern the ways in which you can use such information that may be shared.
8. YOUR RESPONSIBILITIES
By selling on Seller Profiles, you will receive and must determine what to do with certain personal information, such as when communicating with users and entering into transactions with buyers. This means you process personal information (for example, buyer name, email address, and shipping address) and, to the extent you do so, you are an independent controller of data relating to other users that you may have obtained through Seller Profile.
You are responsible for protecting user personal information you receive or process and complying with all relevant legal requirements when you use Seller Profile. This includes applicable data protection and privacy laws that govern the ways in which you can use a user’s information.
As a data controller, to the extent that you process user personal information outside of Seller Profile, you may be required under applicable data protection and privacy laws to honor requests for data access, portability, correction, deletion, and objections to processing. Also, if you disclose personal information without the buyer’s proper consent, you are responsible for that unauthorized disclosure. This includes, for example, disclosures you make or unintentional data breaches. For example, you may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for marketing communications related to your Seller Profile. You may not use this information for unsolicited commercial messages or unauthorized transactions.
If Seller Profile and you are found to be joint data controllers of personal information, and if Seller Profile is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Seller Profiles for the expenses it occurs in connection with your processing of buyer personal information.
POLICY CONCERNING PAYMENTS TO ARTISTS AND SELLER PROFILE OWNERS
By submitting Artwork to the Website and/or opening a Seller Profile, You authorize OTCSHOP.co.za to display the Artwork, and to manufacture, sell and distribute products displaying your Artwork. You also authorize OTCSHOP.co.za to collect and hold the retail price ("Retail Price") of all products displaying your Artwork that are purchased via the Website.
The Retail Price charged to customers who purchase products featuring Artwork includes the (i) manufacturing fees, (ii) OTCSHOP.co.za’s fee for hosting the marketplace and/or Your Seller Profile and facilitating the transaction (the manufacturing fees and OTCSHOP.co.za’s fee are referred to collectively, and exclusive of tax, as the "Base Fee"), (iii) Your compensation (the “Seller Compensation"), (iv) any relevant tax (such as Sales Tax, GST, VAT, etc), and (v) shipping charges.
You authorize OTCSHOP.co.za to deduct both (i) the Base Fee and (ii) from the Retail Price of the product(s) featuring your Artwork before distributing the remainder (i.e., the Seller Compensation and tax where relevant), to You. With respect solely to Artwork sold by OTCSHOP.co.za via the website, but outside of a Seller Profile, in no event will the Seller Compensation be less than 25 cents per unit sold.
On certain limited occasions OTCSHOP may include the Artwork in miscellaneous items such as, without limitation, calendars or books that promote the OTCSHOP brand or community, and You will not be owed or paid any royalties or payments for such use.
Timing and Method of Payment to Seller Profile Owners. Payments will be made on a monthly basis, via EFT or other specified. You are required to provide OTCSHOP.co.za with Your EFT account information. You alone are responsible for the payment of any tax that arises as a result of receiving any payment from OTCSHOP.co.za, its subsidiaries, related companies, partners or licensors.
OTCSHOP.co.za will not pay You for sales of any product that incorporates Artwork that violates the Terms of Use. For example, if OTCSHOP.co.za discovers that Your Artwork infringes someone else's copyright or that You do not have the right to use the Artwork, OTCSHOP.co.za reserves the right to reverse all payments for products featuring such Artwork, whether due or already paid.
The Base Fees Applicable to Seller Profile Owners. Seller Profile Owners have the freedom to set their own prices at or above the provided Base Fees, which is why there is no minimum Seller Compensation guaranteed to a Seller Profile Owner.
Prices are subject to change at any time.
OTCSHOP.co.za AND INTELLECTUAL PROPERTY INFRINGEMENT POLICY
OTCSHOP.co.za respects the intellectual property of others, and we require users of the Website to do the same. Thus, in Your use of and interactions with OTCSHOP.co.za and the Website, You may not:
* Post, upload, display, submit, modify, distribute, or reproduce in any way any User Submission that is or contains copyrighted material belonging to others, without obtaining their prior written consent;
* Use, copy, or imitate trademarks belonging to others in any manner that misleads consumers or violates the trademark rights of others;
* Infringe any intellectual property rights belonging to others.
OTCSHOP.co.za reserves the right, in its discretion, to remove any User Submission if it believes that it may infringe the intellectual property rights of any third party, and/or to terminate the accounts of users believed to be infringers.
Intellectual Property Infringement Takedown Notification Take-Down Notice. If You are a copyright, trademark, or intellectual property owner or an agent thereof and believe that any material on OTCSHOP.co.za infringes Your copyrights, trademarks, or intellectual property rights, You may submit a notification by providing OTCSHOP.co.za with the following information in writing:
* A physical or electronic signature of the intellectual property owner or the person authorized to act on behalf of the owner of an intellectual property interest that is allegedly infringed;
* Identification of the material claimed to have been infringed;
* Identification of the material that is claimed to be infringing and information reasonably sufficient to permit OTCSHOP.co.za to locate the material (providing URLs in the content of an email is the best way to help us locate content quickly);
* Information reasonably sufficient to permit OTCSHOP.co.za to contact You, including Your address, telephone number, and e-mail address at which You may be contacted;
* A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by You, or Your agent, or the law;
* A statement made under penalty of perjury, that the above information in Your notice is accurate and that You are the intellectual property owner or are authorized to act on the intellectual property owner’s behalf.
OTCSHOP.co.za
PO Box 24
Oudtshoorn, 6620
Phone: 082 443 4737
Email: info@otcprinting.co.za
Please send all other notices of claimed intellectual property infringement to the above.
You acknowledge that if You fail to comply with all of the requirements above, Your notice may not be valid and not be acknowledged by OTCSHOP.co.za.
OTCSHOP.co.za will process and investigate valid notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws.
