This SFO Agreement relates to use and access of the services offered by WearyourNFT.com (“WYNFT”) when registering as a store-front owner (“Store-Front Owner” or “you”) at the website located at << https://wearyournft.com/ >> (the “Website”) including, without limitation, services allowing Store-Front Owner to upload a design for the creation of apparel, allowing WYNFT to manufacture and distribute Store-Front Owner’s apparel, allowing Store-Front Owner to display and offer for sale Store-Front Owner’s apparel through an online store (collectively, the “Service”). This SFO Agreement supplements and is in addition to any other terms and conditions between you and WYNFT regarding use and access to the Service, including, without limitation, WYNFT’s Terms of Use, Privacy Policy, and Acceptable Use Policy.
Below are the terms and conditions you accept when accessing and using the Service offered through the Website. The Website also uses certain third-party providers to offer the Services to you. By accessing and using the Services, you accept the terms and conditions of the then-current third party providers, a link to such terms can be found at WYNFT’s Website Policies page.
BY REGISTERING AS A STORE-FRONT OWNER, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SFO AGREEMENT, UNDERSTAND IT, AND AGREE TO THE TERMS OF THIS SFO AGREEMENT IN ITS ENTIRETY. IF YOU DO NOT AGREE TO ANY TERM OF THIS SFO AGREEMENT, YOU MAY NOT REGISTER AS A STORE-FRONT OWNER.
This SFO Agreement is subject to change by WYNFT, without prior written notice, at any time, in WYNFT’s sole discretion. Any changes to the SFO Agreement will be in effect as of the “Last Modified” date above. You should review this SFO Agreement prior to uploading any design or using the Service provided through the Website. Your continued use of the Service after the “Last Modified” date above constitutes your acceptance of and agreement to such changes. If you do not agree with such changes, you must cease use of the Service immediately.
Store-Front Owner Obligations. The examples listed in this SFO Agreement are not exhaustive. Prohibited uses and activities include, without limitation, any use of the Service in a manner that, in WYNFT’s sole reasonable judgement, involves, facilitates, or attempts any of the following:
- permitting access to the Service by a third-party other than access by Store-Front Owner, including, without limitation, permitting access by a third-party to Store-Front Owner’s online store portal;
- accessing any computer, network, data, or communications system without authorization, including the computers, networks, data, or communications systems used to provide the Service;
- penetrating or disabling any security system;
- distributing or introducing a computer virus, launching a denial of service attack, or in any other way attempting to interfere with the functioning of any computer, network, communications system, or website;
- accessing or otherwise interfering with the accounts of others or engaging in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the Service or the Service functionality;
- violating any law of, or committing any conduct that is tortuous or unlawful in, any applicable jurisdiction;
- using the Service in violation of any other agreement or policy of WYNFT regarding use and access of the Service;
- exporting or allowing access to the Service in any manner contrary to the export regulations of the United States;
- downloading, copying, saving, framing, retrieving, or storing in electronic or any other form any part of the Service in any manner other than as expressly permitted hereunder;
- disassembling, decompiling, decoding, or reverse engineering, the Service or any software included in or with the Service;
- infringing upon the copyrights, trademarks, trade secrets, or other intellectual property rights of any person or entity, including, without limitation, uploading and providing apparel designs that would violate any other persons’ or entities’ intellectual property rights;
- removing, deleting, altering, or obscuring any trademarks or any copyright, patent, or other intellectual or propriety rights notices from the Service;
- violating the privacy rights of any person;
- distributing, publishing, sending, storing or facilitating unsolicited communications or material that is defamatory, abusive, of an obscene or threatening character, pornographic, lewd, or excessively violent, regardless of whether the material or its dissemination is unlawful;
- engages in any behavior that stalks, harasses, or harms anyone; and/or
- advocating or inducing illegal activity.
Store-Front Owner is responsible for any actions that are performed via Store-Front Owner’s account, whether performed with or without Store-Front Owner’s authorization, including, without limitation, the upload of an apparel design that infringes upon a third-party’s intellectual property rights.
Payout Terms.
(a) Mark-Up. Upon upload of a new design, Store-Front Owner shall set a mark-up amount that Store-Front Owner will be entitled to for each apparel item bearing Store-Front Owner’s design purchased through Store-Front Owner’s online store (the “Mark-Up”). The Mark-Up will be added to WYNFT’s set price for each individual apparel item sold through the Service. Store-Front Owner acknowledges and agrees that Store-Front Owner will only be entitled to the Mark-Up in accordance with the terms and conditions set forth herein.
(b) Payout Terms. The Mark-Up will be deposited in Store-Front Owner’s account within thirty (30) days of receipt and payment of an order (the “Account”). Once the Account reaches an amount of twenty-five ($25.00) dollars or more, Store-Front Owner may request a payout. If on the last business day of a calendar year an Account has money still in it, WYNFT may pay Store-Front Owner that amount in the Account, regardless of whether or not the Account has twenty-five ($25.00) dollars or more in it. Store-Front Owner is responsible for collecting and paying any taxes associated with using and making sales through the Service offered by WYNFT. WYNFT will issue 1099-K forms to certain Store-Front Owners in the United States to comply with IRS and state requirements.
(c) Payout. WYNFT uses a third-party to provide its payment services. By registering as a Store-Front Owner, you agree to the terms of use of WYNFT’s then-current third-party provider, a link to which can be found at WYNFT’s Website Policies page. Upon request by a Store-Front Owner, WYNFT shall direct it’s third-party payment provider to pay Store-Front Owner the monies from Store-Front Owner’s Account. WYNFT may change its third-party provider of payment services at any time and in its sole and absolute discretion, without notice thereof. It is your responsibility to review the Terms of Use of the current third-party provider from time to time, which you must accept when requesting a payout.
Shipments; Delivery; Returns; and Refunds. WYNFT uses a third-party provider to provide shipping, delivery, returns, and refunds, if any. Shipping, delivery, returns, and refunds, if any, will be processed by WYNFT’s then-current third party provider in accordance with its Terms of Service, Return Policy, and additional policies, a link to which can be found at WYNFT’s Website Policies page (collectively, the “Website Policies”). Registering as a Store-Front Owner constitutes your acceptance of the terms and conditions set forth in the Website Policies. WYNFT may change its third-party provider of shipping, delivery, returns, and refunds at any time, without notice thereof. It is your responsibility to review the terms of the current third-party provider, which you must accept when you upload a new design to your online store.
Third-Party Providers. WYNFT uses various third-party providers to offer the Services to Store-Front Owners. WYNFT is not responsible for the terms and conditions of any third-party provider and Store-Front Owner’s failure to comply with such terms and conditions of any third-party provider may inhibit WYNFT’s ability to provide the Service or cause the platform to be unavailable. Store-Front Owner agrees that WYNFT will not be responsible for Store-Front Owner’s breach of such terms and conditions.
Manufacturer’s Warranty and Disclaimers. WYNFT does not manufacture any of the products offered through the Website. The availability of products through the Website does not indicate an affiliation or endorsement of any product, service or manufacturer. Accordingly, WYNFT does not provide any warranties with respect to the products and services offered on or through the Website. For determination of what, if any, manufacturer’s warranties are offered in connection with the products, please view the Printful Policies.
ALL PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
Store-Front Owner Representations and Warranties. By registering as a store-front owner and accessing and using the Service, Store-Front Owner represents and warrants that no third-party intellectual property rights are or will be infringed or otherwise violated by Store-Front Owner’s access and use of the Service, including, without limitation, any and all phrases and designs submitted by Store-Front Owner for the purposes of the Service being performed.
Consequences of Violation. Violation of this SFO Agreement may lead to suspension or termination of Store-Front Owner’s account or legal action. In addition, you may be required to pay for the costs of investigation and remedial action related to SFO Agreement violations. WYNFT reserves the right to take any other remedial action it sees fit.
Indemnification. Store-Front Owner shall indemnify, defend, and hold harmless WYNFT and its respective officers, directors, and employees from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees and the cost of pursuing any insurance providers arising out of or in connection with any third-party claim, suit, action, or proceeding relating to any actual or alleged breach by Store-Front Owner of its representations, warranties, covenants, or other obligations hereunder.
Disclaimer. WYNFT does not intend, and is not obligated to, review, monitor, or control content or data that is sent, received, or stored in or on the Service unless required by law and WYNFT accepts no responsibility or liability to you or any other person for the content or data that is transmitted by or made available to you regardless of whether it originated from WYNFT or the Service.
In no event shall WYNFT be liable to Store-Front Owner, nor any third party, for any direct, indirect, special, and/or consequential damages for actions taken pursuant to this SFO Agreement, including, without limitation, any lost profits, business interruption, loss of income, loss of programs, loss of data, or otherwise.
Reporting Unacceptable Use. WYNFT requests that Store-Front Owners with information about a violation of this SFO Agreement or misuse of the Service report it via e-mail to the following address: info@wearyournft.com.
Revision of SFO Agreement. WYNFT may, in its sole and absolute discretion, change this SFO Agreement at any time by posting a notice of such changes within the Service. The new version will become effective on the date of posting. If you object to any such changes, your sole recourse shall be to cease using the Service and unregistering as a Store-Front Owner. Continued use of the Service following any such changes shall indicate Store-Front Owner’s acknowledgement and agreement of such changes.
Contact Us. If you have any questions regarding this Store-Front Owner Agreement, you may contact WYNFT at info@wearyournft.com.
