[vc_row][vc_column width=”7/12″][vc_column_text]WHAT THIS AGREEMENT COVERS
This Agreement governs your use of the mobile application YayPrint (“the App“; “YayPrint“), created by Witapps Ltd. (“Witapps“; “us“; “we“; “the Company“) to enable users to customize, design, purchase, download, share and sell products, including but not limited to T-Shirts, Bags and Onesies (“Products”), by using the many functions the App offers, including but not limited to uploading images from their phone gallery, modifying these images, the images available in the App’s gallery or other user’s designs, changing their shape, color, texture, etc. (“Service”).
By using the App and the Service, you have agreed to the terms and conditions of this Agreement and you agree to use the App and the Service solely as provided in this Agreement.
To use the Service, you must download and install the App. To purchase the Products, you must register and create an account (“Account”). To be eligible to create an Account, you must be at least 13 years old.
You are responsible for maintaining the confidentiality of your Login Credentials, and are solely responsible for all activities that occur using your Login Credentials. You agree not to allow a third party to use your Login Credentials at any time. We reserve the right to terminate any username and password, which we reasonably determine may have been used by an unauthorized third party.
PAYMENT AND CHARGES
It is free to download the App, create an Account, upload, create and save your designs of the Products (“Designs”) in a dedicated section of the App (“My Designs Section”), and to open a seller account (“Store”).
Designs saved in My Designs Section are available for yourself to purchase, download and modify using the functionality of the App.
Designs saved in My Store Section are available for others, subject to your agreement and to approval by our moderators, to purchase, download and edit into new Designs.
YayPrint pays you a 10% commission (“Commission”) for each Product featuring a Design from your Store, provided that the Design on the Product was not modified. If a Design is modified, and then shared on another user’s Store, the said user, who modified the Design, will be the beneficiary of the Commission, and not the user that made the original Design. We may temporarily change the Commission rates for promotional events. YayPrint will make payments of all Commissions generated from the sale of Products featuring your Designs only once the Commissions amount to at least US$100. Once this amount is reached, YayPrint will pay the due Commissions within thirty (30) days of the first day of the month that follows the month during which the minimum amount was reached.
All Commissions are paid in U.S. Dollars.
By saving Designs in your Store, you waive any claim against YayPrint or a user that modifies any design that you publish on your Store, including any claims for a commission or infringement, regardless of the means you use to upload your design to your Store, including designs provided via a third party image service or application (e.g., or similar).
YayPrint enables you to make purchases via the App using the PayPal third party payment processors (“Payment Method”). Your Payment Method will be billed for the full amount of your purchase at the time of the transaction. You expressly authorize the Company to charge the amount of any purchase to the Payment Method you provided during registration or to a different Payment Method if you so designate at the time you make your purchase. Charges to a third-party payment processor such as PayPal are subject to any additional terms and conditions imposed by such third-party payment processor.
By providing a Payment Method, you represent and warrant that you are at least 18 years old, or you are at least 13 years old and have obtained your parent’s or legal guardian’s express consent to use such Payment Method.
INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY AND THIRD PARTIES
The Company grants you a personal, revocable, limited, non-transferable license to use the App on any Android-enabled mobile device subject to the Google Play Terms of Service, as applicable (“Usage Rules”).
This license does not allow you to copy, disassemble, attempt to derive the source code of, modify, create derivative works of, rent, lease, lend, sell, redistribute or sublicense the App or any Design (either in whole or in part).
All updates and upgrades to the App will be governed by the version of these Terms published by the Company as of the date you install such update or upgrade. Any rights not expressly granted herein are reserved.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the App and Site are protected by copyrights, trademarks and/or other intellectual properties owned, and are controlled or licensed by the Company.
By uploading a Design to the App, you agree that all Designs are subject to the following rules, with which you will comply and to which you consent:
- Although we reserve the right to review, and in our sole discretion, refuse to post or remove, any Design at any time, you agree that we are under no obligation to monitor or control, and shall have no liability for, any Design.
- You shall not post any Design that is illegal, obscene, threatening, defamatory, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable or that contains any political campaigning, commercial solicitation, or that is false, dishonest, or commercial in nature, or that would otherwise create liability or violate any local, state, national or international law, including use of any person’s name or likeness without permission.
- Although the App, and the My Designs Section, allow you to store Designs, this function is offered as a convenience only and is not an archive and the Company shall have no liability to you or any other person for loss, damage, or destruction of your Designs.
- Any opinions, statement, advice or other information presented or disseminated in your Designs are solely made by you and you are solely responsible and liable for such opinion, statement, advice or other information.
- As between you and the Company, you are the sole owner of, and are solely liable and responsible for your Designs and your Designs reside on our systems or networks solely at your direction as a user of the Service under the World Intellectual Property Organization Copyright Treaty (“WTC”).
- By submitting a Design via the App, you grant to the Company a perpetual, irrevocable, royalty-free right and license to store your Design on our servers and to display your Design via the App. In addition, for so long as you elect to make your Design available publicly by adding it to your Store, you grant to the Company a royalty-free right and license to display your Design to all other users of the App, reproduce, edit and sell your Design on any Products.
In an effort to respect and protect the legal rights of copyright owners, we adhere to the following notice and take down policy:
If you believe any User Content available via the Service infringes your intellectual property rights, please submit a notification to our designated agent at firstname.lastname@example.org, and include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
While the App is designed to enable you to upload Your Content, you agree and understand that this functionality is provided as a convenience only and that the App is not as an archive. The Company shall have no liability to you or any other person for loss, damage, or destruction to any of Your Content and you are solely responsible for maintaining independent archival and backup copies of Your Content.
THE COMPANY ASSUMES NO RESPONSIBILITY FOR THE DELETION OF OR FAILURE TO STORE OR DELIVER ANY OF YOUR CONTENT.
Products ordered via the App are generally delivered within 30 days. Delivery times may vary during the holiday seasons. Orders may longer due to unexpected delays in customs. Title and risk of loss for any purchases pass to you upon our delivery to the carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
You are responsible for arranging for an individual to be present at the time of delivery of the ordered Products. Any individual at the delivery address who accepts delivery is conclusively presumed to be authorized to receive the delivery. We are not responsible should such an individual not be authorized to accept such delivery. You agree that your sole method of recourse for unauthorized delivery resides with the carrier of your order. We are not responsible should you enter any incorrect or inaccurate destination data in your order.
You agree to defend, indemnify and hold the Company and its affiliates harmless from and against all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your use of the App, your violation of this Agreement, or your violation of any law or rights of another.
These Terms are effective until terminated by you or the Company. Your rights under these Terms will terminate automatically without notice from the Company if you fail to comply with any term(s) of this license. Upon termination of these Terms you shall cease all use of the App, and destroy all copies, full or partial, of the App.
You expressly acknowledge and agree that your use of the App is at your sole risk.
You expressly agree that, to the maximum extent permitted by applicable law, the App and any YayPrint content, are provided “as is” and “as available”, with all faults and without warranty of any kind.
We hereby disclaim all warranties and conditions with respect to the App and any YayPrint content, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.
We do not warrant that the App and any YayPrint content will meet your requirements, that the operation of the App will be uninterrupted or error-free, or that defects in the App will be corrected, or that the service will be available.
No oral or written information or advice given by the Company or its authorized representatives shall create a warranty.
LIMITATION OF LIABILITY
To the extent not prohibited by law, in no event shall we be liable for personal injury, or any incidental, special, punitive, exemplary, direct, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the App and any YayPrint content, or any item purchased by you via the App however caused, regardless of the theory of liability (contract, tort or otherwise) and even if the Company has been advised of the possibility of such damages.
In no event shall the Company’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
The Company and you acknowledge that this Agreement is concluded between the Company and you only, and not with Google, Inc.
The Company, and not Google Play, is solely responsible for App and the content and functionality of the App.
You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g. Google Play (an “Application Store”).
To the extent this Agreement provides for usage rules for App that are less restrictive than the Usage Rules set forth for App in the Application Store Terms of Service, the more restrictive term applies.
You agree to pay all fees charged by the Application Store in connection with the App (if any). You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the Application Store’s terms and policies) when using the App. You acknowledge that the Application Store (and its subsidiaries) are third party beneficiaries of this Agreement and will have the right to enforce this Agreement.
SCOPE OF LICENSE
The license granted to you for App is limited to a non-transferable license to use App on the Android device that you own or control and as permitted by the Usage Rules set forth in the Application Store’s Terms of Service.
MAINTENANCE AND SUPPORT
We are solely responsible for providing any maintenance and support services with respect to App, as specified in this Agreement (if any), or as required under applicable law. The Company and you acknowledge that the Application Store has no obligation whatsoever to furnish any maintenance and support services with respect to App.
With respect to the App, the Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of App to conform to any applicable warranty, you may notify the Application Store, and the Application Store will refund the purchase price for the App to you; and to the maximum extent permitted by applicable law, neither the Application Store nor the Company will have any other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Company’s sole responsibility.
The Company and you acknowledge that the Company, not the Application Store, is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. This Agreement does not limit the Company’s liability to you beyond what is permitted by applicable law.
INTELLECTUAL PROPERTY RIGHTS
The Company and you acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes said third party’s intellectual property rights, the Company will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You hereby agree that if the terms of this Agreement are not specifically enforced, the Company will be irreparably damaged, and therefore you agree that the Company shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies.
We recognize that you have a right to privacy, and we will not give or sell anyone specific information about you or any orders you have placed through YayPrint. The Company collects information (including email addresses) that allows us, among other things, to: process and fill your order; contact you regarding the processing of your order; improve our website and service. While this information may be used by us for marketing purposes, it is never shared or sold to other organizations for commercial purposes.
We may change this Terms and Conditions Agreement at any time and from time-to-time because of changes in relevant and applicable legal or regulatory requirements, our business practices, or in our attempts to better serve your needs and those of our other customers.
You are advised to consult this Terms and Conditions Agreement regularly for any changes, as continued use is deemed approval of all changes.
Your continued use of the App after we post any modifications to the Terms and Conditions Agreement on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Terms and Conditions Agreement.
If we make any material changes to this Terms and Conditions Agreement, we will notify you either through the email address you have provided us, or directly through the App.
For questions or suggestions, please contact us at email@example.com.[/vc_column_text][/vc_column][/vc_row]