I. Introduction

Smartieshirt Apparel is a Philippine industry which specializes in customizing t-shirts for consumers and businesses. It features designs of creative artists giving them a platform to showcase their skill, talent and ability in creating an artwork on a shirt. It also allows visitors to upload their own designs and print, ship it to their own address or to other’s.

Smartieshirt.com shall hereinafter be referred to as the “Website”. You/Your shall hereinafter be referred to as the end-user of the Website (i.e. artist, designer, user, customer, visitor, or guest).

II. Ownership and Copyright of the Website

Smartieshirt Apparel retains right and ownership over this Website and its content. By continuing to browse through this Website and availing of its products and services, You understand, accept, agree, abide by and adhere to its terms and conditions of use. Let this be a contract and a binding agreement between You (collective term for artist, designer, user, customer, visitor, or guest) and Smartieshirt.com. Should You, however, dissent or fail to agree to any of its terms and conditions of use, please feel free not to patronize, use or visit this Website. Thank you.

III. Acceptable use of the Website

By ticking the button thereby accepting all the terms and conditions of use, Smartieshirt.com hereby grants You permission to use the Website as set forth herein, subject to the following conditions: (a) You will not copy, reproduce, imitate, replicate, display and/or distribute any part or all of the Website’s content in any medium without Smartieshirt.com’s prior written authorization; (b) You will not alter, edit, or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (c) You shall continue to abide by and comply with its terms and conditions of use.

IV. Account Registration

To access some features of this Website, including but not limited to opening an Artist Shop, You are required to create a personal account or fill out a registration profile. Your account must provide true, accurate, and current personal information. You are not allowed to unnecessarily use another person’s account without grant or permission or pass it off as Your own. Please select a user name that is not vulgar, obscene, or offensive to the sensibilities of the other users. Any account holder in violation of these terms and conditions, wittingly or unwittingly, may have his/her account barred, suspended, or terminated without prejudice to another registration. Any user whose account was barred, suspended, or terminated may register again subject to these terms and conditions.

By creating an account with Smartieshirt.com, You guarantee to be of legal personality to undertake and form a binding contract and are not prohibited by any laws from using the Website.

V. Privacy policy

It shall be Your sole responsibility to ensure unauthorized access to Your account. Hence, it is encouraged that You keep Your account secure and You change/update Your password from time to time. Smartieshirt.com shall not be held accountable for any loss or damage arising from Your failure to comply with this term on privacy. Further, any personal information obtained from this Website through account sharing shall be held with utmost confidentiality and shall not be disseminated without express permission of the account user.

However, Smartieshirt.com shall reserve its right to access and use Your account information and may also disclose necessary user information, if compelled to do so by law or if believing in good faith, that such preservation or disclosure warrants: (a) compliance with the legal process; (b) enforcement of these terms and conditions of use; (c) answer to legal actions; and/or (d) protection of its rights, property, or personal safety of Smartieshirt.com, its users, and/or the public at large.

VI. Other Parties (link to other websites, etc.)

Smartieshirt.com contains links to third party websites that are not owned or controlled by it. Such links have been provided for Your easy reference, access, and convenience. Hence, Smartieshirt shall not be held liable for their content quality, suitability, functionality, security and confidentiality, authenticity, legitimacy, privacy or safety policies, or any practices related to the use of these linked websites. By accessing these linked websites, You assume full responsibility pertaining to their respective policies and terms of use. You thereby release Smartieshirt.com from any and all damage and liability arising from Your access or use of any linked website such as but not limited to Your transaction with other users, advertisers, partners, or other third parties found on or through the linked websites, and/or Your participation in their sales promotions, marketing campaigns, or any other venture hosted, endorsed, or sponsored by other users, advertisers, partners, or other third-party parties outside this Website.

VII. User Submissions and Content

Due to the interactive nature of the Website, Smartieshirt.com shall not assume responsibility for any information, material, or content posted or shared by users. The ideas, suggestions, opinions, comments, chat, text, messages, and observations made by users of the Website, the photographs, artwork, sketches, videos, designs, and images 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 Smartieshirt.com nor are they reflective of the Website.

We therefore make no guarantee regarding the credibility, authenticity, accuracy, legitimacy, origin, or quality of any User Submission that is posted on the Website. Any risk or peril, legal or otherwise, as a result of the submission shall be exclusively borne by the individual who provided the User Submission. Consequently, any action for damage suffered by any user due to such User Submission, or any portion thereof, shall be against such individual who provided the User Submission, and not Smartieshirt.com.

Any User Submission on the Website must follow the generally accepted rules of social etiquette, standards of behavior, norms of conduct and decency. Unauthorized advertisements, unsolicited promotional materials, spam mails, chain letters, fraudulent and deceptive schemes, and materials with virus and other programs that shall compromise the Website and the account of its users are likewise not allowed. User Submission must not violate criminal and civil laws and must comply with copyright and intellectual property law. Thus, Smartieshirt.com expressly repudiates moral and legal responsibility in connection with User Submissions. In no case shall it be held liable for any damage caused by accessing or using the Website due to virus, bugs and the like, which may be transmitted to or through our Website by any user, third party or linked websites. However, Smartieshirt.com reserves its right to remove, delete, and/or take down any User Submission or terminate the account of the concerned user for violation of this provision upon its sole discretion and without prior notice.

VIII. Use of Artwork and License

Smartieshirt.com’s services empower artists and designers to showcase their talent while simultaneously gaining monetary consideration for it. Without giving up control of their proprietary rights and creative freedom, artists and designers shall submit their Artwork to Smartieshirt via email at hello@smartieshirt.com or upload it at their own account from the website. If approved, it shall be featured on the Website and incorporated on a variety of products or merchandise of Smartieshirt making it immediately available for sale for which they shall earn a certain percentage depending on the number of items sold based on the payment scheme discussed in the succeeding provisions. There exists no employer-employee relationship between the artist or designer and Smartieshirt.

The artist or designer retains ownership rights, including all copyright and other intellectual property rights, in the Artwork you submit to the Website and to Your Artist Shop. The exception to this is Artwork submitted to the Website in a design challenge or competition in which case the Website or a third-party sponsor of the said challenge or competition may require ownership of all Artwork submitted therein.

By uploading Artwork to the Website, You guarantee its authenticity and originality and non-infringement of any copyright or intellectual property right. Further, You grant Smartieshirt.com the license above-mentioned in Provision VII, and agree that Smartieshirt.com may consider Your Artwork its property for purposes of: (a) displaying Your Artwork on the Website and in magazines, television shows, movies, on the Internet, and other media; (b) selling a variety of products and merchandise with Your Artwork; (c) allowing modifications to Your Artwork as may be necessary to prepare Your Artwork for use in a particular product category or for other manufacturing purposes; (d) using Your Artwork in its marketing propaganda, sales promotions, commercial and advertising campaigns; and (e) all other legal use and purposes as it may deem necessary. Further, you agree that Smartieshirt.com can manufacture and sell products and merchandise incorporating Your Artwork without being obligated to make any payments to, or obtain any permission from, any third party.

Smartieshirt.com’s services empower artists and designers to showcase their talent while simultaneously gaining monetary consideration for it. Without giving up control of their proprietary rights and creative freedom, artists and designers shall submit their Artwork to Smartieshirt via email at hello@smartieshirt.com or upload it at their own account from the website. If approved, it shall be featured on the Website and incorporated on a variety of products or merchandise of Smartieshirt making it immediately available for sale for which they shall earn a certain percentage depending on the number of items sold based on the payment scheme discussed in the succeeding provisions. There exists no employer-employee relationship between the artist or designer and Smartieshirt.

IX . Variation

Smartieshirt.com reserves its right to change, alter, modify, update, to discontinue, temporarily or permanently, the Website (or any part thereof), with or without due notice, in its sole discretion, whenever it deems appropriate, and to block any user from the Website, for violation of the terms and conditions of use of the Website. Provided, however, that Smartieshirt.com has no obligation to update, store, maintain or correct any information on the Website. Smartieshirt.com shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website, save for its obligation already accrued prior to thereto.

It may likewise provide additional policies, or new terms and conditions of use pertaining to new developments in the Website which may supplement the previous terms and conditions of use or be entirely separate therefrom. However, continued use of the Website shall constitute acceptance of the same.

X . Termination of Account or Closure of Artist Shop

Smartieshirt.com may, with or without prior notice, disable or terminate an account or close and remove access to an Artist Shop and everything else that goes with it for the following causes, including but not limited to: (a) violation of the terms of conditions of use; (b) court order or request by law enforcement agencies; (c) request by account holder/user; (d) six months of inactivity; (e) engaging in illegal activities; and (f) non-payment of any fees owed to Smartieshirt.

Smartieshirt.com shall not be held accountable for any damage, loss, claims or liability by virtue of the above.

XI. Governing Law and Indemnity

Accepting these terms and conditions of use constitutes a binding contract that shall be governed by the laws of the Republic of the Philippines without regard to the actual residence of the defending party. You likewise submit to the exclusive jurisdiction of the Philippine courts in case of any legal action that may arise by virtue of this agreement. For claims of damages, losses and liabilities, You hereby agree to indemnify alleged claimants and release Smartieshirt.com, from any and all liability therefrom, including its owners, officers, employees, agents and/or consignees.

XII. Policy for Buyers

This policy forms part of our Terms and Conditions of Use. By purchasing merchandise via this Website, you agreeing to the following:

A. Pricing, Shipping and Terms of Sale

Prices for all products and merchandise sold on the Website are in Philippine peso currency. Prices and products are subject to change at Smartieshirt.com’s discretion without prior notice. Smartieshirt.com may offer promotional discounts from time-to-time. However, You must first accede to its terms in order to avail of the discount. You also agree not to use more than one discount per item, unless such use is expressly permitted by Smartieshirt.com. Title and risk of loss for all products and merchandise ordered by You shall pass on to You upon Smartieshirt.com’s shipment to the shipping carrier. Smartieshirt.com reserves the right to cancel any order for any reason whatsoever, including orders that may violate the intellectual property rights of a third party, and will notify the purchaser that the order has been cancelled, and refund the payment, if applicable.

B. Product Description

Smartieshirt.com attempts to be as accurate as possible to provide a compelling user experience. However, Smartieshirt.com does not warrant that product descriptions or other content of the Website are accurate, complete, reliable, current, or error-free. If a product offered by Smartieshirt.com, or in an Artist’s Shop, is not as described, your sole remedy is to return it pursuant to Smartieshirt.com’s Return and Refund Policy.

C. Return and Refund Policy

Smartieshirt observes a 7-day return and exchange policy exclusively for these reasons: wrong size and damaged goods. However, allegations or claims of defective products shall still be subject to investigation as we conduct thorough quality check of our products prior to sending them out to customers. This guarantees all items sent out are in good condition.

R&R policy will not apply to items on sold on sale or at a discounted price nor will it apply to change of mind.

XIII. Policy for Artists and Artist Shop

By opening an Artist Shop on this Website, Artists or Designers agree to this Artist Shop Policy which is a part of the Terms and Conditions of Use:

A. Artist Shop Registration

Your Artist Shop must be created and opened in accordance with the rules governing Your Account and Account Activity in the Terms of Conditions of Use above. In particular, You may not use another user’s account without permission; You may not select an Artist Shop name that is vulgar, offensive, obscene, or attempts to impersonate another Artist Shop owner; You may not name Your shop by using a third party’s trademark; and, when creating Your Artist Shop, You must provide true, current, accurate and complete information about yourself.

Further, artists or designers must open a PayPal account or a bank account with the Bank of the Philippine Islands (BPI).

B. Your Artwork

Designs submitted by the artist or designer to Smartieshirt are referred to as Artwork which shall be displayed in his/her very own Artist Shop. You guarantee that Your Artwork is original and authentic and does not infringe on any copyright, trademark, patent or intellectual property right, or that You are authorized by the copyright owner. In the case of the latter, Smartieshirt shall validate and verify such authorization from the alleged copyright owner. Any breach of this provision and damage to third party shall be Your sole liability. Artwork approved by Smartieshirt shall be featured on the Website and incorporated on a variety of products or merchandise of Smartieshirt and sold according to its specifications via the Website, store outlets, franchisees and other consignees for which they shall earn a certain percentage depending on the number of items sold based on this payment scheme:

9% percent of the total sold cost.

Remuneration, compensation or payout must pertain to completed or paid transactions for the month. Remittance or deposit shall be made by Smartieshirt to the registered PayPal account or BPI bank account every 15th day of the succeeding month, exclusive of weekends and holidays.

Should Smartieshirt.com discover that Your Artwork infringes someone else’s copyright or that You do not have the right to use the Artwork, Smartieshirt.com reserves the right to hold or reverse all payments for products or merchandise featuring Your Artwork, whether due or already paid.

The artist or designer retains ownership rights, including all copyright and other intellectual property rights, in the Artwork you submit to the Website and to Your Artist Shop. There exists no employer-employee relationship between the artist or designer and Smartieshirt.

Further, you allow Smartieshirt to (1) display Your Artwork on the Website and in magazines, television shows, movies, on the Internet, and other media; (2) sell a variety of products and merchandise with Your Artwork; (3) allow modifications to Your Artwork as may be necessary to prepare Your Artwork for use in a particular product category or for other manufacturing purposes; (4) use Your Artwork in its marketing propaganda, sales promotions, commercial and advertising campaigns; and (5) all other legal use and purposes as it may deem necessary.

C. Removal of Artwork and Closing of Artist Shop

Artists or designers may delete Artwork from the Artist Shop or close their Artist Shop at any time. All his/her approved Artwork shall remain the property of Smartieshirt and shall continue to be used for purposes mentioned above. Any proceeds on the sale of products or merchandise with such Artwork after account termination or closure of Artist Shop shall continue to accrue to the artist or designer.

XIV. Disclaimer

Smartieshirt.com does not guarantee full-proof, error-free, virus-free, complete, accurate, current and updated content of this Website. Hence, You assume full responsibility for any liability, damage or loss that may be suffered as a consequence of using, browsing or accessing this Website, the User Submissions, and other third party or linked websites.

This likewise absolves Smartieshirt.com, its owners, officers, agents, and/or its subsidiaries and assignees, if any, for any claims of damage, loss or liability that may be incurred by You for User Submission provided by and accessed by users. Further, any breach, violation, fraud, misrepresentation, unauthorized use or infringement of any copyright or intellectual property law on any Artwork shall be the sole and primary liability of the artist or designer who submitted the same.

Last revised: 30 October 2017