Effective date: May 15th, 2017
The following terms and conditions ("Terms") will apply to any purchases of products you make on this website, and to the usage of the website. Please read them carefully before accessing merchking.com or using its services. By visiting or creating an account on merchking.com, you agree to accept, without limitation or qualification, all of the Terms and Conditions of use.
This page describes the terms under which MerchKing provides the merchking.com website (t/a “Website”) and merchking.com service (“Service”) to you. The agreement governs both those who create registered member accounts through our Service (“Members”) and those who visit or use our Service without creating a registered member account (“Visitors”).
This agreement (“Agreement”) applies to parties who wish to use the Service to establish a Campaign and offer Products (“Sellers”), and to those who purchase Products from those Sellers (“Buyers”).
Any person or entity (“User”), registered to use or accessing the site at http://merchking.com (t/a “Website”) or any information contained in the Website, agrees to the following terms and conditions of this registered user agreement (t/a “Agreement”) and is bound by them.
By registering with the Website, you are contracting with MerchKing, Inc. (t/a MerchKing), a company registered in Delaware, USA with its registered office at 300 Delaware Ave, Ste 210-A, Wilmington, DE 19801, MerchKing, Inc. is referred to in these terms and conditions as “Company”, “we”, “us”, “our” or “MerchKing”. Please note that age restrictions may apply to certain Campaigns for some cases.
By visiting this Website, you agree that the laws of the state of Delaware will govern these Conditions of Use and any dispute of any sort that might arise between you and merchking.com.
The Service includes an online design, domain and sales platform that allows Members to launch sales events (“Campaigns”) in which custom products of types specifically stipulated by these Terms (“Products”) may be offered that bear pictures, graphics, and other content uploaded by the Member (“User-created Content”, “User-generated Content”).
In addition, the Service allows Members to share such User-generated Content through third-party web services, such as but not limited to Facebook or Twitter, and allows them to offer Products bearing User-generated Content to third parties.
A registered Member account is required to start a Campaign, upload a custom Product design, or offer it for sale to Buyers through the Service. You do not need to be a Member to browse the merchking.com website.
Your account is yours and by creating it you agree to:
If you suspect someone has obtained your account details, let us know soon as possible. In such case, we will immediately close your account.
You understand that as a registered user you are responsible to the Company and to others for all activity that occurs under your registration account.
You agree to offer following items (individually and collectively defined as “Products”) in your Campaigns initiated via our sales platform:
You are not allowed to offer any other type of items.
You grant us a non-exclusive license to remove any material you upload at any time for any reason we see fit. This material can be anything uploaded via your user account at merchking.com. including but not limited to graphics, photos, images, code and written content. Please note that in some cases you will not be notified of the content removal.
You warrant and represent that you are the sole and exclusive owner of all the User-Generated Content uploaded via our Service. We expect you to possess legal rights to any submitted material and waiver any responsibility with regard to any infringement you might cause by uploading such material. We will share no responsibility if anyone violates your owner’s or any other rights to the above-mentioned material.
You agree that merchking.com will not be held accountable for any loss or damage you may suffer by removal of your content.
You agree to have these Terms and Conditions published on the domain you are purchasing from us.
Please note that in order to use a design (which can implicate a photo, image, text, name, brand or saying) you must have FULL RIGHTS to use this design.
MerchKing reserves the right to abstain from printing any designs under suspicion of being an infringement upon intellectual property rights.
By uploading or saving a design you agree that:
When you upload or otherwise provide User-generated Content to or through the Service, you retain ownership of any copyright (and any other rights) you may already hold in your User-generated Content. You also represent and warrant that, with respect to all User Content that you upload, transmit, publish, make available, and/or disseminate through the Service:
By submitting User-generated Content as set forth above, you hereby do grant us and our entities that are under our common ownership or common corporate control, and third party service providers – a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, create derivative works based on, distribute, publicly display, and publicly perform, the User-generated Content, solely for purposes of providing you with the Service and advertising and promoting the Service; including, but not limited to, through the Website and through our social media channels, in any currently existing or yet to be devised medium.
Please note that we make User-generated Content available and may disable access to any such content at any time and for any reason we see fit at our sole discretion. By using the Service, you understand and agree that we do not guarantee access to and/or hosting of User-generated Content that is published through the Service.
For instance, if User-generated Content violates these Terms, access to it may be disabled. We reserve the right to refuse to complete any order made through the Service for any reason including, but not limited to, our resolution, made in our sole discretion, that applicable User-generated Content may infringe the intellectual property rights of a third party.
All User-generated Content uploaded and published through your account on the MerchKing platform is your responsibility. This includes but is not limited to any graphics, photos, images, scripts and written content that you add to your site. Any damages resulting from the uploading of User-generated content on your site are your sole responsibility and you agree to indemnify MerchKing should any damages occur.
As the part of the Service, Users can bring in third parties as sub-users of their accounts (“Team Members”). As such Team Members (including but not limited to third parties such as designers, partners, virtual assistants) will be able to manage that user account and its contents. However, we consider all the User-generated Content uploaded through your account to be your property and as such your sole responsibility. You will suffer the consequences for any infringement that your Team Member may cause.
We waiver the responsibility to any harm User-Generated Content uploaded by your Team Members may cause to you, including but not limited to financial loss.
The Service allows Members to initiate Campaigns and offer Products. Setting up a new Campaign is free of charge.
When creating a new Campaign, you will be asked to specify the details of the Campaign. You may be asked to provide the User-generated Content that will be used in connection with the Campaign, the Products that will be made available in the above-mentioned Campaign, the price to be charged to Buyers of the Products, etc.
You may cancel a Campaign at any time.
48 hours after the Product is purchased via Service, profits from that sale are made available to you. This principle applies to any number of Products sold. Exception to the rule applies when the purchase is cancelled, or Customer files for refund within the first 48 hours upon purchase for both cases.
Please note that delays in the profits recognition may occur due to various customer transaction issues, including but not limited to cases of possible infringement, suspicious activity or fraud risk, that cause the payment processor to temporarily or permanently suspend such transaction. In certain cases, payment processor will not allow the transaction to be completed, which will be reflected on the profits available to Seller.
If Customer files for a refund within the first 48 hours of the order placement, the profits will be reduced by the amount that was taken from the order.
The current status of any Campaigns associated with your account is available at all times. Access it by logging into your registered Member account through the merchking.com website.
By registering on the Website and purchasing a domain, Member automatically accepts all responsibility for all the uploaded User-generated Content. In addition, Member understands and agrees to use domain exclusively within our platform. Though Member is the owner of the domain and the uploaded User-generated Content, we reserve the right to change or delete any parts of the Content for any reason we see fit, as well as deny the access to the domain.
Domain name is acquired by the partnering third party, as the part of the Service.
Fee for the domain and the service is paid annually in the form of annual subscription the price of which may vary. Unless the subscription is renewed within 365 days upon the expiration date of previously paid period, the domain may become permanently unavailable.
You may terminate your membership at any time, for any reason. If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following month. However, please note that you will not receive a refund for the current billing period.
There is no refund option available for acquired domain. Deleting your domain name does not entitle you to a refund of any part of your registration/purchase fee.
As the amount of work required prior to the printing and shipping of your order is extensive, Buyers will be charged at the time their order is placed.
We will print your Product 48 hours after the completion of your Buyer’s order and ship the Product in due course.
When creating a new Campaign, Members need to input information regarding the Product(s) to be offered. For instance, members will be asked to state the type of Product (such as "high tops shoes") and provide answers to a few questions. These questions are with regard to the nature of the User Content to be used in relation to the Product(s) and the Campaign overall (such as "desired profit per unit sold", "color design", etc.).
Through the process of setting up a new Campaign, we will provide you with the base price for the selected Product. You will provide us with the amount that will be paid to you for each sale you make during the Campaign (the Pay-Out). You can:
We make profit available to the Seller 48 hours after the each individual sale has been made on a Campaign. Not completed sales such as partial refunds, order cancellations or Seller-applied discounts are excluded from these profits and will be deducted in the final amount available to the Seller.
Please note that if you fail to provide us with accurate and complete contact/payment information, and Pay-Out funds remain outstanding and unclaimed for more than twelve (12) months, you hereby expressly agree that you waive all right, title, and interest in or to any Pay-Out accrued and that any and all such funds shall be our sole property, to retain in our sole discretion, without any liability to you or to any third party.
MerchKing is not liable for delays in the receipt of funds once a payout is requested. Such delays may occur but are not limited to the following cases:
MerchKing is not liable for any damages or loss due to these delays or payment processor hold-ups.
You can see any Pay-Outs that may be available for you to collect by logging into your registered Member account through the merchking.com website at all times.
Pay-Outs to Members must exceed the amount of $100 in order for the Pay-Out to be propelled. The Seller cannot request more than 1 (one) payout for every 24 hours period.
By entering merchking.com you agree to use the Website as well as any part of the Content for no other reason than as authorized by MerchKing. This use applies only via normal functionality of the Website.
Though we strive to have all the information accurate and up-to-date, some inaccuracies may occasionally appear, as the Website’s content might be subject to changes at short notice.
Therefore, the Company does not warrant that the Website or the Content will be accurate, up-to-date, free of defects, or contain harmful elements. You agree to use Website entirely at your own risk.
The Website and its content are for your personal and non-commercial use only. You agree not to sublicense it or use it in any other way for commercial or partly commercial use.
Unless stated differently, MerchKing owns or controls all relevant intellectual property rights in the Website and its content. You may not reproduce, publish, distribute, extract or use externally in any way any part of the Website or its content in any form other than allowed herein or as permitted on the Website.
All ownership rights pertaining to the information and material contained on the Website, including but not limited to the MerchKing name, logos, trademark, graphics, photos, images, code and written content, are owned or have been duly licensed by MerchKing, with all rights reserved. Using any part or the mentioned information and/or material in its entirety in any shape or form for commercial purposes will be without further notice prosecuted to the fullest extent allowed by law.
The Website's pages and content may be electronically copied or printed in hard copy for internal informational, personal or non-commercial use only, provided that no modifications are made, it is not published in any media, and on each page of ever internal copy, MerchKing is acknowledged as the source with a copyright symbol. You are not granted any license to use the content. Any use other than that set forth above, including the non-internal reproduction, modification, copying, display or use of any copyright-protected MerchKing or any other logo, graphic, photo or image, without the prior written permission of MerchKing, is prohibited and will be enforced to the full extent of the law.
All design mock-ups and artwork representing Products of Website are copyright 2017. No part may be used or duplicated without written consent. Theft of any portion will be prosecuted to the fullest extent of the law.
By Innovative Design Protection Act of 2012, any usage, including but not limited to copying, publishing, and/or offering of the mock ups and other forms of Product design found on merchking.com or associated with MerchKing will be regarded as theft. Applying the designs found on Website to shoes, beddings or any other product for commercial or non-commercial purpose will be prosecuted to the fullest extent of the law.
We try our best to keep our Website clean. We encourage you to report any objectionable or infringing material posted on the Website. Contact us here with the details.
The Company reserves the right to take legal action in any state or federal court to address any instances of unauthorized use of this site. You consent to exclusive jurisdiction and venue of such courts.
For purposes of this Agreement, “MerchKing Property” shall mean:
Other than as permitted herein, you shall not (and you shall not permit others), directly or indirectly, to modify, to translate, to decompile, to disassemble, or to reverse engineer any part of the MerchKing Property, or otherwise to attempt to discern the functioning or operation of the website or MerchKing Services; or to copy, to rent, to lease, to distribute, or to otherwise transfer any or the rights that you receive hereunder. For clarity, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of MerchKing and you shall not copy, imitate, or use them without our express prior written consent.
You may use HTML logos provided by MerchKing through our merchant services, affiliate programs without prior written consent solely for the purpose of directing web traffic to merchking.com. You shall not alter, modify or change such HTML logos in any way, use them in a manner that is disparaging or otherwise adverse to MerchKing or the MerchKing Service, or display them in any manner that implies MerchKing’s sponsorship or endorsement. You shall not (and you shall not permit others to):
No Confidential Information obtained by MerchKing from you shall become MerchKing Property. All materials provided by you under any MerchKing Services Orders shall be deemed “Client Property” for purposes of the Agreement. You grant to MerchKing a non-exclusive license to the Client Property solely as needed to provide the MerchKing Services. No other licenses express or implied, under any intellectual property rights are granted by you to MerchKing under these Terms.
MerchKing does not regularize any campaign charity donations. MerchKing does not certify the validity of any type of donation, including but not limited to charity, financial aid, or fundraiser. Please note that in the United States, misrepresentation of charity donations is a federal crime.
We do not allow any campaign to make donation claims or such implications via Service. Sellers are not permitted to create campaigns claiming to donate for charity. Any such campaign will be considered as violating these Terms and therefore suspended to be permanently removed. Sellers will not be able to access or relaunch such suspended campaigns in the future.
There is no exception to this Charity Policy.
When Seller reports a copycat design, we will determine whose campaign design was uploaded onto the platform first by using internal tools. Should the design appeared to be in violation, campaigns containing such design will be locked and the Seller will be shortly notified.
Suspending a campaign is an admin-only action. At the time of suspending, Seller won’t be able to edit, or relaunch the mentioned campaign. If your campaign has been suspended and removed, we will notify you shortly. However, please note we cannot guarantee any advanced notice. You agree that we have an exclusive right to control all the User-Generated Content.
To report an IP Claim, report our form here. Please provide us with URL of both campaigns, your and the reported.
We encourage you to keep an eye on infringements such as design theft, but we kindly ask you to only file a report for designs that appear to copy your own design. Please do not proceed in doing so on behalf of another Seller.
You agree to indemnify MerchKing for any loss or damage to the Company, including without limitation legal fees, arising from any breach of any warranty or other stated term by you or your misuse of any material or information obtained through the Website.
You agree to defend, indemnify, and hold harmless MerchKing, its employees, agents, and licensees, from and against any claims, actions or demands (including costs, expenses and attorney's' fees), alleging or resulting from above stated breach of any warranty or other stated term of these Terms and Conditions.
You agree and undertake to indemnify the Company for all loss or damage incurred by MerchKing in relation to any third party claim against Shoe Launch for infringement of intellectual property rights arising in relation to your provision of materials to the Site.
You agree to hold MerchKing harmless from and against any claims or damages caused by the Customer’s use of the Products, including but not limited to any adverse physical effects (such as bodily harm or physical injury). In no event shall MerchKing be liable for any direct, indirect, punitive, incidental, special, or consequential damages whatsoever arising out of or connected with the use or misuse of any Product purchased via Service. You agree and acknowledge that any Product purchased through the Service should be used at your own risk and you should assess the risks individual before making Product available for Customers.
You agree that the liability of MerchKing to you shall be limited the amount you have actually paid to us for our products; MerchKing shall not be liable for any indirect or consequential loss of any kind in contract, or out of your use of this Website. Nothing in this agreement shall operate to limit or exclude liability for death or personal injury caused by the negligence of MerchKing.
Except as set out above, the Service is provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable law.
In addition, MerchKing makes no representations or warranties of any kind express or implied, as to the operation of Website or the information, content, materials, or products included on this site. We do not represent or warrant that the Website or its contents will be free of defects, including without limitation viruses or other harmful elements. You agree that your use of this site is at your sole risk.
You understand and accept that MerchKing shall not be liable for any change, suspension or interruption to the Website or its Service, as operations of the Website may be interfered with by numerous factors outside of our control.
The Services on the Website, are provided on an “as-is” basis, without warranties of any kind, either expressed or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the Services will be uninterrupted or free of errors. As some stated do not allow limitations on how long an implied warranty lasts, the above mentioned limitations may not apply to you.
You may close your registration account at any time. However, you must do so in accordance with the account closing procedures available on the Website. MerchKing may terminate this legal Agreement at any time if, in our sole discretion, we believe that you may have breached (or presented in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if the Company is legally required to do so by law. Please note that we can also terminate this Agreement if the continuation is likely to be no longer commercially viable.
All the brands and products used or appearing on the Website are, unless otherwise stated, the trademarks or trade names of MerchKing or its trading partners. You may not reproduce any such trademarks, trade names or taglines without the prior permission of MerchKing.
You agree not to attempt to damage, deny or limit service to, hack, crack, reverse-engineer, or otherwise interfere with the Website in any manner. If you in any of the above stated ways compromise the Website, you agree to pay all damages the Company suffered from.
Please note that the Company will cooperate with the authorities in prosecuting any user who interferes with the Website or attempts to defraud the Company or any other parties through the use of the Website or services provided by it. You understand that the Company reserves the right to deny any or all access or service to any user for any reason, at any time, at our sole discretion.
Furthermore, user/Member agrees that we may block their IP address or addresses at any time, and at our sole discretion to prevent potential threats to the Company, the Website’s and the Website’s other users safety.
By your usage of the Website and/or its content, no partner, client, fiduciary or other professional relationship is established between you and the Company.
Should any part, term, or provision stated in this Agreement be held by a court of competent jurisdiction to be illegal, unenforceable, or conflicting any relevant law, the remaining portions or provisions shall still remain valid.
Express or implied, no waiver by either party of any term, condition or of any breach by the other of any of the provisions of this agreement shall operate as a waiver of any breach of the same or any other provision of this agreement.
This Agreement shall be governed by and will be construed in accordance with the laws of the State of Arizona Any disputes with this Agreement shall be subject to the exclusive jurisdiction.
Terms of Service may change sporadically. We ask you to please read these Terms of Service each time you visit our Website or use our Services.
Your use of the Service after the date such change(s) become effective will constitute your consent to the changed terms.
If you do not agree to any alteration to the Terms of Service, we kindly ask you not to visit Website or use Company’s services.