Site User Terms

PODSHOP SOFTWARE SOLUTIONS LIMITED’S TERMS AND CONDITIONS

PODShop Software Solutions Limited (“Podshop”) - Terms & Conditions of Use

To use this site, you must agree to PODSHOP’s Terms and Conditions of Use. These help to keep this shopping community thriving and protect the legal rights of all users. If you do not agree to all of these Terms and Conditions of Use, then you may not use the Website but we still thank you for visiting!

ACCEPTANCE OF TERMS

By using or accessing this Website community in any way, including using any services, downloading of music or other materials or merely browsing the Website, you agree to and are bound by the Terms and Conditions of Use set forth in this document and in any changes thereto that Podshop may publish from time to time (collectively, the "Terms of Use").

Podshop

The Podshop Website (the "Website") is the online shopping department store located at www.podshops.com which is a virtual company owned and operated by PODShop Software Solutions Limited, which is a company registered in England and Wales ("PODShop Software Solutions Limited", "Podshop", "we," "our," or "us"). Podshop provides a Website platform where companies, clubs, individuals, organisations and charities can set up a Sub Domain to upload an unlimited number of products, like T-shirts, Hoodies, Caps, Polo Shirts, and enable account holders to either purchase those items or allow, within predetermined parameters, those users to add images and/or text to personalise each item and then purchase them. Furthermore, a Sub Domain owner may choose to enable individuals, companies, clubs, organisations and charities the ability to set up their own e-shop within their Sub Domain, and choose which products they wish to sell in their own e-shop, from the products uploaded by the Sub Domain owner, and add images and/or text that personalises each product to their own design. The e-shop owners can also enable account users to personalise those products they are selling. The e-shop owners are enabled to create their own web page designs and catalogue structure before submitting it to the Sub Domain owner to either authorise the e-shop to go live or reject it if it fails to meet both the Sub Domain owner’s Terms & Conditions and Podshop’s Terms of Use policy.

YOUR ACCEPTANCE OF THESE TERMS

By using this Website, you ("User," "you, or "your") agree to be legally bound by all these Terms of Use and all other terms posted on the site (including without limitation the Privacy Policy, Contest Rules (if applicable) and Prohibited Content Policy). You agree that these Terms of Use are enforceable as is any other written, negotiated agreement physically signed by you. If you are a minor, you should talk to your parents and/or guardian about what sites are appropriate for you. You understand and agree that Podshop reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Website (including these Terms of Use) in whole or in part, at any time. Your continued use of the Website after any changes to these Terms of Use are posted will be considered acceptance of those changes and will constitute your agreement to be bound to such new terms and you are advised to check these Terms of Use from time to time.

REGISTERING

To use any aspect of the Podshop Website, you are required to register and provide certain information, including a member or user name, a password, your date of birth and a valid email address (the "Account Information"). You agree to provide accurate Account Information and to update your Account Information as necessary to keep it accurate. Podshop will use your Account Information in accordance with its Privacy Policy. When you register as a User with the Website to gain access to the online sales department store you agree that (i) you will not register an account on behalf of any third party or use a third party’s account on their behalf and (ii) all factual assertions you have made in the registration process will be true and correct. You remain solely responsible for the activity that occurs on your personal account, and you must keep your account password secure. Podshop will not be liable for any losses howsoever caused by any unauthorized use of your account. In particular, you agree that any content that you place on the site is your own original material and that you are and remain the copyright holder of that material. You agree that if you post any material that breaches copyright or any other agreement that you remain solely liable for any costs or penalties that might arise from that breach of copyright and absolve without limitation Podshop from any associated civil or criminal liability.

UPDATES & PLUG-INS

Podshop may from time to time make available to all users, Updates or Plug-ins at no cost or subject to additional fees at Podshop’s sole discretion. "Updates" means any updates, upgrades or error corrections to the Podshop Website that Podshop makes available generally to users of the Podshop Website. "Plug-ins" means any options, features or additional software licensed separately from Podshop that is designed to work in connection with the Podshop Website. Notwithstanding anything else contained in this Agreement, Podshop will have no obligation to continue producing or releasing new versions of the Podshop Website or any Updates or Plug-ins related thereto. The Podshop Website utilise technology to protect transmitted digital information. Your use of the Podshop Website may be limited by such technology. You acknowledge that, from time to time, Podshop may modify or discontinue using such technology. Security modifications made by Podshop may from time to time include required or automated updates, modifications, patches, and/or reinstallations of software. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.

PROMOTIONS

From time to time, Podshop or its partners and/or advertisers may conduct promotions on or through the Website, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion will have additional terms, conditions and rules of entry and conduct which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed to be incorporated into and form part of this agreement (the "Rules"). If any conflict arises between this agreement and the Rules, the Rules shall govern for the purposes of your participation or involvement in the Promotion to which the Rules relate.

POSTING MATERIALS

Podshop retains the absolute right at its discretion to reject, refuse to post or to remove any posting and/or other materials uploaded by you that is considered offensive, or to restrict, suspend or terminate your access to all or any part of the Website, for any or no reason, without prior notice and without liability. You remain solely responsible for any materials (including without limitation, any text, images, and audio and/or visual materials) that you upload to the Website (“Your Materials” or “Materials”) and the consequences of posting them. You understand and agree that Podshop does not guarantee any degree of confidentiality with respect to Your Materials. In connection with Your Materials, you affirm, represent, and/or warrant that: (i) you own or have the necessary rights in and to all of Your Materials (“Copyright”) to enable inclusion and use of Your Materials in the manner proposed by the Website and these Terms of Use; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in Your Materials to enable use of Your Materials in the manner proposed by the Website and these Terms of Use; (iii) you will not publish misrepresentations or falsehoods that could damage Podshop or any third party; (iv) you will not submit, post or upload Material that is Prohibited Content; (v) you will not impersonate any other person and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of Your Materials. Without limitation, if you submit any of Your Materials which include audiovisual materials depicting your performance of any musical composition, sketches, or other promotional or “artistic” material which is published by a third party, you must secure in advance (among other applicable third party rights) and assert that you have obtained the appropriate synchronization rights in such musical composition before uploading such Materials to the Podshop Website.

INTELLECTUAL PROPERTY RIGHTS

You retain all ownership rights and Copyright in Your Materials. However, by submitting Your Materials to the Podshop Website, you hereby grant to Podshop a worldwide, non-exclusive, non-restrictive, royalty-free, sub-licensable, and transferable license in perpetuity to use, make available, reproduce, distribute, transmit, prepare derivative works of, display, edit, mix, perform, combine, superimpose, create or add special effects and/or other materials to all or any portion of Your Materials (including any titles of Your Materials and your name and likeness), and any audio and/or visual excerpts thereof, in connection with the Website (and all places where some or all of the content from the Podshop Website is available), and otherwise in connection with any of Podshop’s activities and/or its affiliates’ and/or partners’ current and/or future businesses, including without limitation for promoting and redistributing part or all of the Website (or derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website and any of Podshop’s licensee sites a non-exclusive license to access and view Your Materials dependent on their abiding by these Terms of Use. If you do not want Podshop to share Your Materials or obtain any rights in Your Materials, please do not upload Your Materials to the Website. Additionally, you agree to grant to Podshop all rights to use your image, likeness, voice, name, and photograph in connection with Your Materials in any presentations, marketing materials, reports, publicity or advertising relating to Your Materials, Podshop and its partners and licensees, and/or any contests. MATERIALS SUBMITTED TO PODSHOP BY OTHER USERS Despite our best efforts, you understand and acknowledge that you (and/or your Profile Page) may be exposed to materials that are offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Podshop with respect thereto, and agree to indemnify and hold Podshop, its Owners/Operators, directors, employees, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. Although we employ moderators to help to ensure that Prohibited Content is not included on the Podshop Website, Podshop assumes no responsibility for monitoring the Website for Prohibited Content or any other inappropriate user materials or conduct. If we see anything that is objectionable materials are on your Profile Page we will remove your Sub Domain, e-shop and/or User Profile without exception. If you come across content that you believe infringes these Terms of Use, you should let us know using support@podshop.com as we take these matters extremely seriously. All such reports will be fully investigated and content that breaches these Terms of Use may be suspended or removed from the Podshop Website but you understand and agree that Podshop will be under no obligation to remove any such materials or within any specified timeframe.

RESTRICTIONS

You agree that you will not: (1) use the Podshop Website to reproduce copyrighted materials; (2) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through the Podshop Website; (3) make the Podshop Website available over a network (other than Podshop’s network) where it could be used by others; (4) provide your password to any other person; (5) translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Podshop Website or any portion of them; (6) circumvent any technology used by Podshop or its licensors to protect content accessible via the Podshop Website; (7) rent, lease or sublicense any of the Podshop Website; or (8) 8 use the Podshop Website in any way that violates the terms of this Agreement.

YOUR USE OF THE WEB SITE

Podshop hereby grants to you a limited, non-exclusive, non-transferable license to access, use, exhibit, privately transmit, and display the Website as set forth in the Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, non-commercial use unless you have registered as a business or professional user; (ii) you will not copy or distribute any part of the Website in any medium without Podshop’s prior written authorization; (iii) you will not alter or modify any part of the Website including, without limitation, modifying any content or materials) except as regards your own profile page or your own micro page Sub Domain and/or e-shop; you will not use any messaging or other functionality of the Website to SPAM others. Unless expressly permitted by Podshop, you shall not capture, reproduce, perform, sell, license, modify, transfer, create derivative works from or based upon, republish, upload, edit, transmit, post, publicly display, frame, distribute, link, or otherwise exploit, in whole or in part any content. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to use or launch any automated system or tools, including without limitation, "robots," "spiders," or "offline readers," that access the Website in a manner that sends more request messages to the Podshop servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser, and you may not utilize any metatags or any other hidden text utilizing Podshop’s name or trademarks without the express written consent of PODShop Software Solutions Limited..

You may not post or otherwise upload to the Website any material that is copyrighted, trademarks, or other proprietary materials or intellectual property belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Podshop will remove any of Your Materials if properly notified that such Materials infringe Copyright or on another’s intellectual property rights. Podshop reserves the right to terminate your access to its Website without notice or appeal if it is determined that you repeatedly breach this or any other condition set out in the Terms of Use.
If you are a Copyright owner or an agent thereof and believe that any Material(s) or other content infringes upon your copyrights, you should immediately inform us using support@podshops.com. We will suspend such Material(s) or other content and investigate breaches of these Terms of Use. If it is determined that a breach of Copyright has taken place, then offending content will be permanently removed from the Website. You may also write to us including: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is alleged to have been infringed; (ii) identification of the copyrighted work claimed to have been infringed (such as the URL of the Material), 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; (iii) 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; (iv) Information reasonably sufficient to permit the service provider to contact you, including an address, a telephone number, and an email address; (v) 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 (vi) 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. In all cases, please use support@podshops.com to inform us of any infringements of Copyright or intellectual property. Podshop seeks to preserve any and all exemptions from liability that may be available under the copyright law.

SHARING

E-shop owners.

If you are an e-shop owner who has registered with any of the Sub Domains within the PODShop Website, you may be able to receive a portion of revenue arising from valid end-user activity pertaining to your Materials. Subject to your compliance with these Terms of Use, the Prohibited Content policies, the Contest Rules (if applicable), any contractual agreements you have with the Sub Domain in which your e-shop or e-shops is/are located, and any other applicable additional terms and conditions provided to you in the registration process. PODShop will pay the e-shop owner the difference between the Sub Domain minimum selling price and the eventual selling price minus a fee of 20% on the difference ie: Sub Domain minimum selling price £10, e-shop owner places item for sale with their image(s) attached for £15 on their e-shop(s) and subsequently sells that item, PODShop will charge a fee equivalent to 20% on the £5. PODShop will provide the technology that enables each e-shop owner to receive their royalty payment on the difference between the minimum selling price and the eventual e-shop selling price, minus any and all fees so described into their Pay Pal account.

PODShop will not be liable for any damages resulting from failure to post payments to your account in a timely fashion and you shall not be entitled to receive interest on any such late payments. If you dispute any payments made to you, you must notify PODShop within thirty (30) days of receipt of such payment; failure to so notify PODShop will result in your waiver of any claim relating to such dispute. PODShop may change its payment terms or cancel this program at any time.

Sub Domain owners.

Podshop will pay the Sub Domain owners the net total order value from all transaction made within their Sub Domain on their e-shops via their Pay Pal account. Podshop, having first taken it’s agreed % for processing the orders, currently set at 3% of the total order value without exception, associated with your Materials. “Net Revenues” shall mean all revenues paid to Podshop from users accessing your or your e-shop owner’s exclusive Materials in a given calendar month from valid end-user activity. Upon uploading relevant content and assuming that you have registered for the appropriate User account, further terms and conditions as well as the scale of benefits available to you shall be displayed.

Podshop will not be liable for any damages resulting from failure to post payments to your account in a timely fashion and you shall not be entitled to receive interest on any such late payments. If you dispute any payments made to you, you must notify Podshop within thirty (30) days of receipt of such payment; failure to so notify Podshop will result in your waiver of any claim relating to such dispute. Podshop may change its payment terms or cancel this program at any time.

FRAUD

Podshop shall have the right to withhold any amount or deduct any amounts posted to your account which Podshop determines in its discretion to have resulted from fraudulent activity of any kind, including without limitation “click fraud” money laundering, and/or payment for or other forms of fraudulent solicitation for clicks. Podshop reserves the right to suspend or otherwise disable your User account pending Podshop’s investigation of any breach of these Terms of Use or any other Website terms by you.

PODSHOP SOFTWARE SOLUTIONS LIMITED INTELLECTUAL PROPERTY RIGHTS.

The content contained on the Website, and the trademarks, service marks and logos contained therein, which are created by or on behalf of, or otherwise licensed to, Podshop are owned by or licensed to PODShop Software Solutions Limited subject to copyright and other intellectual property rights under the United Kingdom and International laws and conventions. All rights of PODShop Software Solutions Limited’s rights in the Podshop Website and Property are hereby expressly reserved.

AND PROPRIETARY INFORMATION

You agree not to attempt to access and not to access any information through the Website which does not pertain to you and which you are not properly authorized to receive.

WARRANTY DISCLAIMER

Your use of the Website shall be at your sole risk. The Website and any services are provided on an "as is" basis. To the fullest possible extent permitted by law, Podshop, its affiliates, and other third parties mentioned on this Website and each of their officers, directors, employees, and agents make no representations or warranties of any kind and specifically disclaims any such warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, in connection with the Website, the Website, and your use thereof. Podshop makes no representations or warranties that the Website, the content, the software and servers do not violate any patent or other intellectual property rights of any person or about the accuracy or completeness of this Website’s content or the content of any Websites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, the services, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website and services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our web site or services, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Website or services by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website. Podshop does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a Sub Domain, e-shop owners, third party through the Website or any hyperlinked Website or featured in any banner or other advertising, and Podshop will not be a party to or in any way be responsible for monitoring any transaction between you, Sub Domains, e-shop owners and third-party providers of products or services. to the maximum extent permitted by local law, you assume total responsibility and risk for your use of this Website, any services, and hyperlinked Websites. No oral or written information or advice given by Podshop or Podshop’s authorized representatives shall create a warranty or in any way increase the scope of this warranty. As with the purchase of any product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. The Website is controlled and offered by Podshop from its facilities in the United Kingdom. Podshop 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.

LIMITATIONS OF LIABILITY

In no event shall Podshop, its affiliates, and other third parties mentioned on this Website, and each of their officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, exemplary, punitive, consequential or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of, relating to, or 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 web site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Website and the services, (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our Website by any third party, and/or (vi) any errors or omissions in any material or other content or for any loss or damage of any kind incurred as a result of your use of any services, content or user content 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 Podshop 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 Podshop shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. Your sole remedy for dissatisfaction with the Website, the services and/or hyperlinked Websites is to stop using the Website and/or those services. Notwithstanding the foregoing, in no event will Podshop, its affiliates, or the third party providers’ liability to you or any third party exceed the price paid by you for your use of the Website.

INDEMNITY

You agree to defend, indemnify and hold harmless Podshop, its officers, directors, shareholders, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to any legal or attorney’s 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, your violation of the Sub Domain Terms of Use, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of Your Materials caused damage to a third party. This defence and indemnification obligation will survive these Terms of Use and your use of the Website.

ASSIGNMENT

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Podshop without restriction. You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of this Website, of any information about you contained in the Web sites database(s) to the extent that Podshop assigns its rights and obligations regarding information about you in connection with a merger, acquisition, or sale of all or substantially all of Podshop’s assets to a subsequent owner or operator. In the event of such a merger, acquisition or sale, your continued use of the Website signifies your agreement to be bound by the Terms of Use and Privacy Policy of the Websites subsequent owner or operator. Notwithstanding the above, you will have the opportunity to remove any content personal to you prior to, during, and after any merger, acquisition or sale of all or substantially all of Podshop’s assets.

AGREEMENT TO PAY FEES AND CHARGES

If you elect to become a subscriber to the Website, you agree to pay all fees and charges associated with your subscription on a timely basis and at any rate within 30 days of payment becoming due. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card or to your Pay Pal or bank account. You agree to maintain valid credit card and bank information in your Account Information.

Podshop may send notices to you with respect to the Website by sending an email message to the email address listed in your Account Information, by sending a letter via Royal Mail or other postal service to the contact address listed in your Account Information, or by a posting a note on the Website when you access your account. Unless otherwise stated in the notices, the notices will become effective immediately.

DISPUTES

You agree that: (i) the Website shall be deemed solely based in the United Kingdom; and (ii) the Website shall be deemed a passive Website that does not give rise to personal jurisdiction over Podshop, either specific or general, in jurisdictions other than the United Kingdom. These Terms of Use shall be governed by the laws of the England and Wales. You agree that any and all disputes or controversies of any nature between them arising at any time shall be determined by binding arbitration in accordance with the rules of this jurisdiction. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

OTHER

Unless otherwise addressed in this Agreement, the Website Users are subject to the Website’s Privacy Policy, that can be found on the Website under “Privacy Policy” and that by reference is made a part of this Agreement. It is important that you read and understand the terms of the Website’s Privacy Policy. Podshop may cooperate with and disclose information (including your Account Information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of the Website.

These Terms of Use, together with the Privacy Policy, Prohibited Content Policy and any other legal notices published by Podshop (including without limitation any applicable Rules), shall constitute the entire agreement between you and Podshop concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this or these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and your or Podshop’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND PODSHOP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR BE DEEMED FOREVER WAIVED AND BARRED. The relationship of the parties is that of independent contractors and this Agreement does not, in whole or in part, establish or create by implication or otherwise, any partnership, join-venture, co-ownership, or participation in a joint or common undertaking or allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.