TERMS OF SERVICE

Please read carefully before using the services offered by tradathuoclao.com

tradathuoclao.com provides users with an easy, Internet-based service to create unique designs and sell t-shirts and other custom products. By using tradathuoclao.com and its services in any capacity, you have agreed to the terms and conditions of this Agreement and agree to use the site and service as provided in this Agreement.  For additional clarification on these Terms of Service, please refer to tradathuoclao.com’s Frequently Asked Questions section.

USER AGREEMENT

By violating this User Agreement in any capacity, you are subject to an immediate removal of your campaign(s), possible forfeiture of profit(s) associated with your account, and the potential suspension or termination of your account.

Limited Designs, LLC (“tradathuoclao.com”) provides its website and services to you (“Seller” or “you”) and are subject to this User Agreement (the “Agreement”), the Intellectual Property Complaint Policy, the Counter-Notice Policy, the Repeat Intellectual Property Complaint Policy, the Refund Policy, and the Privacy Policy (this Agreement and the foregoing policies collectively referred to as “Terms of Service”). All of these terms and obligations set forth in the foregoing policies are incorporated by reference.

Arrangement between the Parties. Subject to the terms and conditions of this Agreement, during the Term, tradathuoclao.com shall create the merchandise and deliver them behalf of the Seller, the merchandise as specified and arranged by Seller pursuant to this Agreement.

Ordering and Delivery Procedure. The ordering procedure, with respect to the sale of merchandise, shall be as agreed upon by the parties as specified on the website of tradathuoclao.com. tradathuoclao.com shall select the method of shipment of and the carrier for the merchandise unless otherwise expressly agreed by the parties in writing. The time quoted for delivery is a fair estimate only; provided, however, that tradathuoclao.com shall exhaust all commercially-reasonable efforts to deliver the merchandise on or before the requested delivery date. No delay in the shipment or delivery of any merchandise relieves Seller of its obligations under this Agreement.

Print Variance. Production of the product is generated from uploaded artwork and estimated positioning provided by the seller. Print size and graphics’ location may vary based on the product size. The colors in production are best matched to the artwork provided. tradathuoclao.com may substitute comparable products if stock becomes an issue. Exact print size, location, and colors are not guaranteed.

Price and Payment. The seller shall set the price of the merchandise sold for each of the campaigns launched, and tradathuoclao.com shall retain from customer payment its determined base price as the cost of goods sold (including any additional expenses and fees tradathuoclao.com determines necessary to comply with the terms of this Agreement), and remit to Seller any amount in excess of such base price (“Seller Profits”).

Seller Account and Security. The Seller is solely responsible for maintaining the confidentiality of your password and account credentials, and are fully responsible for any activities that occur under your account. For any unauthorized use or any other breach of security in your account, please notify tradathuoclao.com immediately. tradathuoclao.com reserves the right to terminate accounts and/or campaigns that are inactive for six (6) months or more.

Seller Account Misuse. tradathuoclao.com reserves the right to terminate your account. If you repeatedly upload excessive amounts of data, engage in fraudulent or other illegal activities, fail to comply with the Terms of Service or any other tradathuoclao.com policies, or otherwise use the service in an excessive or unreasonable way beyond tradathuoclao.com’ terms of service, tradathuoclao.com may, in its sole discretion, cancel your campaigns, restrict or terminate your account, and/or withhold and disburse any proceeds associated with that account.

BY CREATING A CAMPAIGN ON THE tradathuoclao.com SITE:
  1. You agree to accept and abide by tradathuoclao.com’s Terms of Service in their entirety.
  2. You have licensed from the owner thereof (the “Licensed Rights”) of any trademarks, service marks, or copyrights you use. You agree to comply with any restrictions or conditions imposed on the use of the Licensed Rights.
  3. You signify your acceptance and acknowledgement that you are the owner/licensee of the rights associated with any created or uploaded materials, artworks, or texts. This includes but not limited to the trademarks and copyrights associated with the said material. If you are not the owner, you hereby agree to provide authorization given to you by the owner.
  4. You agree that texts used - both the description and title of the campaign/s- do not, in themselves or in addition to uploaded featured created merchandise, infringe upon any third party rights.
  5. You understand and acknowledge that any content that may be considered to promote hate, violence, racial intolerance, or the financial exploitation of a crime can be removed by tradathuoclao.com.
  6. You understand and acknowledge that tradathuoclao.com reserves the right, in its sole discretion, to remove any content at anytime, with no need for any cause or notice.
  7. You understand and acknowledge that tradathuoclao.com, in its sole discretion, provide your information to a third party that has evidence of any unauthorized use of intellectual property in your account pursuant to tradathuoclao.com’s Intellectual Property Complaint Policy.
  8. Upon receipt of an allegation of infringement that violates tradathuoclao.com’s Intellectual Property Complaint Policy, your campaign may be subject to cancellation, forfeiture of any profits, and suspension or termination of your account.
  9. You agree to provide true and accurate information in your campaigns, which includes but is not limited to: the amount of products for sale, where the product originated or got produced, or the intended recipient of profits.
  10. You agree not to, beyond the sale of the primary item being sold, solicit potential buyers through other details or promotions n your campaigns other than the purchase of the item(s) sold. This restriction includes, but isn’t limited to: raffles, lottery, or any other representations of additional opportunities.
  11. You agree to defend, indemnify, and hold tradathuoclao.com, its partners and affiliates, not liable from any and all claims, damages, costs, and expenses, including lawyer fees, that may arise to your use of the site and its services, or any violations of this Agreement, by the user or of another.
  12. You agree that tradathuoclao.com is not liable for any indirect, consequential, or any special damages. This includes, but is not limited to lost profits, associated with any action taken by tradathuoclao.com pursuant to this Agreement or your use of the tradathuoclao.com service.
  13. You acknowledge that tradathuoclao.com has the right to change the terms and conditions in this agreement as it sees fit, and using the site will indicate your acknowledgement and acceptance of any of the terms. Users will be notified of any changes in our Privacy Policy and other key changes on our site through our homepage. Any changes will be posted on our site prior to these changes taking place. You are therefore implored to re-read this statement on a regular basis.

INTELLECTUAL PROPERTY COMPLAINT POLICY

tradathuoclao.com does not allow users to use the service to sell items and merchandise that infringes upon third party Intellectual Property Rights: copyright, trademark, trade dress, and right of publicity.

tradathuoclao.com will respond to complaints with reasonable evidence of possible infringement only from parties that own or have the exclusive right to said intellectual property. tradathuoclao.com will entertain complaints, but is not in a position to resolve or adjudicate disputes.

If you see a campaign with content that is not authorized, upon receipt of the information enumerated below, tradathuoclao.com will notify and send the campaign owner with your correspondence and contact information, and will advise the campaign owner to reach out to you within seven (7) days to resolve this dispute. If the campaign owner does not respond, or if the issue is not resolved to your liking, please let us know.

tradathuoclao.com may take down the campaign and refund all buyers In cases of an alleged infringement in our sole discretion provided that the conditions below are satisfied.

If you believe that your intellectual property rights have been infringed upon by a user’s campaign in tradathuoclao.com, please notify us at legal@burgerprints.com . You must include within your notification the following information:

  1. An electronic or physical signature of an authorized person to act on behalf of the owner of the alleged infringed intellectual property.
  2. The website link (URL) of the tradathuoclao.com campaign(s) in with the sale of the allegedly infringing merchandise.
  3. Identification of the copyright, trademark, or other rights that allegedly have been infringed, which includes any proof of ownership - copies of existing trademark or copyright registrations, etc.
  4. The complainant's full name, address, telephone number(s), and email address(es).
  5. A statement of good-faith belief which indicates that the use of the material in the URL submitted is unauthorized by the rights owner or its licensee, and amounts to infringement under federal or state law.
  6. A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

COUNTER-NOTICE POLICY

If you believe your material was flagged with or removed due to intellectual property infringement by mistake or misidentification, you may file a counter-notice.

Please note that If you materially misrepresent that your design is not infringing upon the intellectual property in your counter-notice, you may be held liable for damages to the intellectual property owner (including costs and attorney’s fees). It is advised that if you are unsure if the material infringes on the intellectual property, please contact an lawyer before filing the counter-notice. You may submit your counter-notice to legal@burgerprints.com and must include the information below:

  1. Your physical or electronic signature;
  2. Your full name, address, telephone number(s), and email address(es);
  3. Identification of the material and its location before it was removed, either by the website URL of campaign(s) in tradathuoclao.com that are used in connection with the sale of the allegedly infringing merchandise, or tradathuoclao.com campaign number;
  4. A statement, under penalty of perjury, that the notice and complaint of intellectual property infringement that led to the removal or blockage of access to material was filed by mistake or misidentification;
  5. Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.);
  6. Your consent to accept service of process from the party who submitted the takedown notice or an agent of that party.

If you submit a counter-notice, a copy of the counter-notice may be sent to the complaining party informing the complaining party that tradathuoclao.com may replace the removed material, or access be restored, 10 business days upon tradathuoclao.com' own discretion.

Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten to fourteen business days (or more) after receipt of the counter-notice.

REPEAT INTELLECTUAL PROPERTY COMPLAINT POLICY

If tradathuoclao.com receives repeated complaints and notices that you of intellectual property without authorization regarding your campaigns, tradathuoclao.com may, in its discretion, terminate your account. tradathuoclao.com has placed a system to record and monitor repeat violators of intellectual property rights of others, and is capable of determining when to suspend or terminate your account.

When content is removed after the intellectual property owner of that content sent us a complete legal request to do so,you will get an intellectual property strike.

In a one-year period, your account will be suspended or terminated, depending on the number of intellectual property strikes on your account.

  • For three intellectual property strikes, your account will be suspended for a period of one (1) month.
  • For four (4) intellectual property strikes, your account will be suspended for a period of three (3) months.
  • For five (5) intellectual property strikes, your account will be suspended for a period of six months.
  • If your account receives six (6)intellectual property strikes, your account will be terminated.

If your counter-notice in response to the intellectual property owner’s notice goes unnoticed or that counter-notice is not answered by the intellectual property owner, or if the dispute leads to legal proceedings with a court finding that favors you and states that your have not infringed upon any intellectual property rights,tradathuoclao.com will take away the strike that you were given for posting that content. Likewise, if the intellectual property owner withdraws his or her notice, tradathuoclao.com will take away the strike.

tradathuoclao.com reserves the right to terminate accounts that act against the spirit of the Terms of Service, regardless of how many strikes are involved.

tradathuoclao.com HONORS THE PRIOR, LEGITIMATE RIGHTS OF THE FIRST TO PUBLISH A CAMPAIGN

In cases where some earlier campaigns are copied by later ones that contain original artwork on our site. In our policy, every original design, image, or artwork uploaded onto tradathuoclao.com is protected against exact duplication, or use in a confusingly similar (trademark) or substantially similar (copyright) manner.

In such events, tradathuoclao.com will entertain and may respond to complaints and notifications of possible infringement from customers that claim ownership of said original infringed content from an earlier campaign.

Once notified, tradathuoclao.com, in its discretion, may remove the unauthorized content to remedy any alleged infringement. Alternatively, tradathuoclao.com may notify the allegedly infringing party and provide a warning. Further infractions can lead to possible suspension or termination of the allegedly infringing party’s account depending on the number of strikes made on the account.

For additional information regarding the above said policies, please reference tradathuoclao.com’s Frequently Asked Questions section.

If you would like to report a campaign containing your original artwork or design, contact us at legal@burgerprints.com with the following information:

  1. The URL(s) used in connection with the sale of the allegedly infringing items and merchandise;
  2. The URL(s) of your campaign and date of first use.

WITHHOLDING AND TAX MATTERS

Under Section 1442 of the Internal Revenue Code, as amended (the “Code”), it is contemplated that the services and transactions described in this Agreement will not impose a withholding obligation upon tradathuoclao.com. Notwithstanding the foregoing, in the event tradathuoclao.com concludes that it has an obligation to withhold under Section 1442 of the Code (or other applicable law) with respect to Seller Profits, tradathuoclao.com will withhold all applicable income tax from any payments or Seller Profits otherwise due to Seller.

The Seller shall be solely responsible for settling of its own tax liabilities which may arise under the Agreement, and shall indemnify tradathuoclao.com for any tax obligations, including for federal income tax withholding, which may arise as a result of this Agreement.

INDEMNIFICATION

The Seller shall indemnify, defend and not hold liable tradathuoclao.com and tradathuoclao.com’s affiliates,directors, officers,, employees, and agents from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, costs and expenses (including attorneys’ fees) which arise out of or relate to (i) any content posted or submitted by Seller, (ii) the Seller’s use of, or connection with, tradathuoclao.com’s website, (iii) Seller’s violation of any of the terms of this Agreement or the Terms of Service, or (iv) Seller’s violation of any rights of a third party.

In order to secure Seller’s prompt and complete payment and performance of any and all present and future indebtedness, obligations and liabilities to tradathuoclao.com of the seller, which includes with respect to any indemnification arising out of the Agreement or the Terms of Service, Seller hereby grants tradathuoclao.com a security interest in all proceeds of the merchandise (including Seller Profits and insurance proceeds). tradathuoclao.com shall be entitled to all applicable rights and remedies of a secured party under applicable law.

IN NO EVENT SHALL tradathuoclao.com’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TERMS OF SERVICE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT OTHERWISE OWED TO SELLER AS SELLER PROFIT.

MISCELLANEOUS PROVISIONS

Terms of Agreement Prevail Over Seller’s Campaign Purchase Order. The parties intend for the express terms and conditions contained in this Agreement (including any schedules and exhibits hereto), and the pricing terms for each campaign, to exclusively govern and control each of the parties’ respective obligations and rights regarding the subject matter of this Agreement, and this Agreement is expressly limited to such terms and conditions. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

Relationship of the Parties. Nothing in this Agreement or the Terms of Service shall constitute any agency, joint venture, partnership or other form of joint enterprise, employment or fiduciary relationship between the parties. No party has any right, express or implied, or authority to assume or create any obligations on behalf of or in the name of the other party or to bind the other party to any contract, agreement or undertaking with any third party.

Entire Agreement. This Agreement (and the Terms of Service) represents the entire agreement between the parties with respect to the subject matter hereof. This agreement alone supersedes all prior and contemporaneous understandings, agreements, representations or warranties, written or oral, with respect to such subject matter. This Agreement may not be amended or modified, except by a written agreement signed by all parties hereto.

Assignment. Seller may not assign any of its rights or delegate any of its obligations under this Agreement prior to the written consent of tradathuoclao.com. tradathuoclao.com may assign any of its rights or delegate any of its obligations hereunder in tradathuoclao.com’s sole discretion.

Severability. If any term or provision of this Agreement (or the Terms of Service) is held to be invalid, illegal or unenforceable in any jurisdiction, the legality validity, and enforceability shall not affect any other term or provision of this Agreement (or the Terms of Service) or invalidate or render unenforceable such term or provision in any other jurisdiction.

Governing Law; Venue. This Agreement and the Terms of Service shall be governed by the internal laws of the State of Florida, without giving effect to any choice of law or the principles of conflicts of laws. Each party consents to the personal jurisdiction of the Federal, state, or local county courts located in Hillsborough County, Florida. Each party agrees that any such court shall have in personam jurisdiction over such party and consents to service of process by notice sent to the address set forth above and/or by any means authorized by law.

Waiver of Jury Trial. Each party irrevocably waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement or the Terms of Service.

RETURN POLICY

tradathuoclao.com works to ensure that our end-users are satisfied with our service. We do our best to have campaigns printed to high-quality standards, and are shipped on a reasonable time and accurately. Due to the customized nature of the products sold, tradathuoclao.com, does do not allow cancellations, refunds, or exchanges. If upon receiving your purchased product you feel that your order was incorrect due to an error on our part, contact us in (30) days of the end of the campaign or ten (10) days of the delivery, whichever comes later, and we will evaluate your claim. Claim can be made here.

API Orders (Third Party Applications). Claims for misprinted/damaged/defective items must be submitted within thirty (30) days of the receipt of the product.

API (SHOPIFY) POLICY

OVERVIEW

All material on any tradathuoclao.com API Applications (i.e. Shopify App) is the property of tradathuoclao.com. All rights reserved. The information, images, and artwork presented may not, under any circumstances be used or reproduced without any prior written permission.

Seller may not use language that is viewed as discriminatory, threatening, abusive, vulgar, discourteous or criminal. Seller also may not post or transmit information or materials that would violate rights of any third party or which contains a virus or other harmful component. tradathuoclao.com reserves the right to remove or edit any messages or material submitted by Sellers.

tradathuoclao.com uses Third Party Platforms (i.e Shopify) to integrate all information, tools, and services that benefit the Seller upon acceptance of all terms, conditions, policies, and notices herein. By accessing, using our service or any part of the tradathuoclao.com application, or purchasing merchandise through tradathuoclao.com, the Seller uses tradathuoclao.com’ service and agrees to be bound by the following Terms of Service.

All of the terms and obligations set forth in the foregoing policies are incorporated by reference. These Terms of Service apply to all Sellers of the tradathuoclao.com application, including without limitation: Users who are Sellers, browsers, customers and/or content contributors.

Your continued use of the site will mean you accept and comply with the terms in this agreement. If Seller does not agree or consent to all terms and conditions of this agreement, Seller may not utilize any tradathuoclao.com services or access the application and website.

Any and all new tradathuoclao.com application features and/or tools added are subject to the current Terms of Service. The updated current version of the Terms of Service is available at any time on this page. tradathuoclao.com has the right to update, change or replace any part or part(s) of these Terms of Service and will be posting updates and/or changes to the company website. tradathuoclao.com is not responsible for updating directly any Seller, or “Third Party Customer” (or “Buyer”), of aforementioned updates. The continued use of, or access to, the tradathuoclao.com website and Application following the posting of any service modifications means acceptance and compliance of any updates to the Terms of Service. tradathuoclao.com does not provide and is not responsible for any Seller services including payment processing, returns, refunds, or exchanges nor is tradathuoclao.com responsible for Sellers’ customer service. This agreement is effective until terminated by either party. Seller may terminate this agreement at any time by discontinuing his/her use of the tradathuoclao.com Application and destroying all materials obtained from it.

REFUNDS / RETURNS / EXCHANGES

Any claims for misprinted/damaged/defective items must be submitted through the Third Party Platform Seller by the Third Party Customer to tradathuoclao.com within thirty (30) days of receipt of the product. tradathuoclao.com requires visual confirmation (photographic evidence) from the Third Party Customer to verify the claim. tradathuoclao.com requires visual confirmation (photographic evidence) from the 3rd Party Customer to verify the claim. tradathuoclao.com will not process any claims without any satisfactory photographic evidence/visual confirmation.

If the Third Party Customer is not satisfied with his/her purchase, but is absent of any physical defects on the product, the Seller is deemed responsible for handling the issue with the Third Party Customer directly upon the Seller’s own discretion. tradathuoclao.com does not process nor handle refunds, returns, reships or exchanges due to generalized dissatisfaction of Customers without any defect.

The Seller is responsible for putting his/her business address to the tradathuoclao.com application manually, on their own. If the Seller does not wish to add a business address and the product is returned to tradathuoclao.com, tradathuoclao.com is not responsible for the reshipment or refund of your production and/or shipping costs.

LOST / STOLEN

tradathuoclao.com does not guarantee domestic and/or international shipments, handle returns, or exchanges. Some countries are considered "high risk" for issues including lost or stolen and/or lost-in-transit shipments. The Seller shoulders the sole risk of shipping tradathuoclao.com products domestically & internationally. tradathuoclao.com is not liable for shipments that do not deliver successfully.

International: Several countries do not provide international tracking once the shipment has left the United States. In the event of a lost or delayed shipment, Seller should ask the Third Party Customer to reach out to their local post office and inquire about which carrier UPS connects to in their country. tradathuoclao.com is not responsible to provide a list of aforementioned countries nor contacting the third-party carrier on the Seller’s or Third Party Customer's behalf.

PRINTING & PRODUCTION

tradathuoclao.com does not allow Sellers from using the service to sell merchandise that infringes upon third party intellectual property rights (such as trademark, copyright, trade dress, and right of publicity). Merchandise production is generated from the artwork and mock-up provided by the Seller (Third Party Platform seller). Print size may be different based on the individual product size. Colors are best matched to the artwork uploaded, and tradathuoclao.com may substitute it with comparable products if stock becomes an issue. Exact print size, location, and colors are not guaranteed. Seller is responsible for looking into his/her "Action Required” tab within Third Party Platform and it is his/her responsibility to take manual action for any address or payment issue. It is the sole responsibility of the Seller to manually remedy the issue before tradathuoclao.com can continue with production. tradathuoclao.com is not responsible for unprocessed orders due to these aforementioned issues.

These Services are operated and provided by Limited Designs, LLC .If you have any questions about these Terms, please contact tradathuoclao.com by submitting a ticket here.

Buyer Payments, Returns, Refunds, and Cancellation Policy

Time of payment

All payments must be made upon placing the order as assurance for the amount of work required in preparation for the printing and shipping of the items ordered. Buyers should provide correct order information on their order forms and are responsible for any and all customs fees, import taxes, or other delivery-related charges.

Time of Shipment

tradathuoclao.com will print the product shortly after the completion of order request and ship the product in due course. Given that the shipping information is accurate, customers in the U.S. should receive their product within 10-21 business days after their payment has been received. Orders shipped outside of the U.S. should arrive within 21-25 days.

Cancellations, Refunds, & Exchanges

Due to the amount of work put into customizing the products, tradathuoclao.com does not allow refunds, cancellations or exchanges. However, should the customers feel that the order they received was incorrect due to an error on our part, they may leave a ticket here as soon as possible. Our support team will be in contact within 24 hours to assist them with their request.