Communitee Terms of Service

Welcome to Communitee.

Communitee’s service (the “Communitee Service”) is located online at Communitee.co.uk and is operated by Communitee Ltd. The Communitee Service provides sellers with the ability to create and sell custom merchandise and buyers with the ability to find unique products.

We offer the Communitee Service subject to the following Terms of Service, specifically including Communitee’s Privacy Policy and Acceptable Use Policy. If you do not agree to these Terms of Service, you are not authorised to use the Communitee Service. To note, these Terms of Service apply to all of our products and services.

Use of the Communitee Service

Information You Provide: Certain features of the Communitee Service require registration. If you choose to register, you agree to provide and maintain accurate, current and complete information about yourself. Registration data and personal information about you are governed by our Privacy Policy.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Please immediately notify Communitee of any unauthorised use of your password or account or any other breach of security.

Social Networking Services: You may enable certain components of the Service or log in to the Service via certain third party social networking services, such as Facebook (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Communitee Service, we make your online tools and experiences richer and more powerful and personalised. To take advantage of these features and capabilities, we may ask you to authenticate, register for or log into those Social Networking Services. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy.

Please remember that Communitee has no control over the way Social Networking Services use, store and disclose your information. Please review their policies to understand their privacy-related practices. Communitee also has no control over the content made available through any Social Networking Service. Please review their policies to understand their content-related practices. Communitee does not have any liability or responsibility for the acts or omissions of any of the Social Networking Services accessed through the Communitee Service. Communitee enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

Promotions: Any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the Communitee Service may be governed by specific rules that are in addition to these Terms of Service. By participating in any Promotion, you will become subject to those rules. To the extent that the terms and conditions of the Promotion rules conflict with these Terms of Service, the terms and conditions of the Promotion will control.

Age Requirement: If you are under 13 years of age, you are not authorized to use the Service. If you are under 18 years old, you may use the Communitee Service only with the approval of your parent or guardian.

Applicable Laws: In connection with your use of the Communitee Service, you will comply with all applicable laws, regulations and industry standards.

General Practices and Instructions Regarding Use: You will comply with any instructions provided to you by Communitee in connection with your use of the Communitee Service. Communitee may establish general practices and limits concerning use of the Communitee Service. Communitee reserves the right to change its instructions, general practices and limits at any time, in its sole discretion, with or without notice.

Sellers: Creation and Implementation of Communitee Campaigns

The Communitee Service allows sellers to create campaigns and sell custom merchandise through those campaigns. Following are specific obligations concerning the initiation of any campaign. To the extent any campaign violates these Terms of Service, we may choose to terminate, delay or modify the campaign at our discretion. For additional information about the Communitee Service, please refer to Communitee’s Frequently Asked Questions section of the website.

Your Right to Conduct a Campaign: By creating a campaign through the Communitee Service, you represent and warrant that you own or are the licensee or have contractual permission to use all trademark rights, copyrights, rights of publicity and other intellectual property or other proprietary rights necessary to create and conduct the campaign (“Campaign Rights”), including any rights relating to the name, description, images, text or URL used for the campaign. You will provide Communitee with evidence of your Campaign Rights upon request.

Communitee does not claim any ownership rights in the content you upload to the Communitee Service. Please be sure you maintain copies of all of your work. Communitee has no responsibility or liability for the deletion or failure to store any content or information uploaded to the Communitee Service.

Communitee retains all ownership rights in any designs created by Communitee designers and may not be used by you, other than in connection with your campaigns on the Communitee Service, without Communitee’s express written consent.

For the purpose of implementing and fulfilling your campaign and for the purpose of advertising the Communitee Service in any medium Communitee chooses, you hereby grant Communitee a nonexclusive, worldwide, fully paid up, transferable, sub-licensable license under your Campaign Rights to copy, display, distribute, modify the content you upload to the Communitee Service (including all related images, text, content and information).

Acceptable Use; Indemnity: Your use of the Communitee Service, including the creation and implementation of product campaigns, is subject to these Terms of Service (including our Acceptable Use Policy). To the extent any campaign violates or is alleged to violate our Acceptable Use Policy or any other part of these Terms of Service, in addition to any other remedies, you agree that Communitee has the right to withhold and redirect any funds collected relating to the campaign, which funds will be disbursed based on Communitee’s internal policies (for example, Communitee may give the funds to a charity where a campaign falsely states it is raising funds for that charity, or Communitee may apply such funds to any judgment or settlement, and/or the reimbursement of Communitee’s expenses, resulting from a third party’s claim of infringement) and to control the defense or settlement of any claim or suit resulting from any such violation or alleged violation; and you agree to fully cooperate with Communitee in such activities. Without limiting the foregoing, you also agree to indemnify and hold Communitee harmless from any and all liabilities, losses, damages and expenses arising out of your violation or any alleged violation of our Acceptable Use Policy or any other part of these Terms of Service.

Quality of Artwork and Promotions: Each campaign must meet reasonable production standards (e.g. a campaign may not include a low quality image that will not print well). All of your advertisements or promotional descriptions, including content that is uploaded to the Communitee Service, must be accurate and correct and must not include any content concerning non-Communitee activities, events, products, services or promotions.

Proceeds from Campaign: If you create a campaign through the Communitee Service, you will be given a “base price” from Communitee for each product. You will also have the opportunity to set the sale price (inc VAT at the applicable rate) for each product. Once your campaign is launched and products are sold, you will earn the difference between the base price (the actual base price will be based on the volume sold) and your sale price, less VAT (at the applicable rate) and less returns (see our Returns policy). You may request payout through your dashboard at any time providing your funds are available to withdraw. The funds will be available 5 working days after the end of the campaign. You are solely and fully responsible for payment of any income taxes applicable to the amounts you earn through the Communitee Service.

Partnership Disputes: If you work with other people on your campaign, and there is a dispute between you and your partners, even though Communitee receives notice of the dispute, Communitee is entitled to make payouts and otherwise correspond with the original registrant. Alternatively, Communitee may withhold payouts until the dispute is resolved, in Communitee’s sole discretion.

Charities/Fundraising: You represent and warrant that any campaign you create that implicitly or explicitly relates to a charity or fundraising effort is authorised by such charity or fundraising effort, and you will ensure that your campaign description clearly and accurately states the percentage of proceeds that will be donated and to whom those proceeds will be donated.

Communitee Right to Lower Sales Goal: You will be able to set the “sales goal” for each campaign. You agree that Communitee may, in its sole discretion, begin to fulfill orders before your sales goal is met.

Intellectual Property Complaints

Communitee takes any allegations of intellectual property infringement seriously. If Communitee receives any complaint or allegation that your campaign or any resulting merchandise constitutes an unauthorised use of a third party’s rights, you understand that Communitee may terminate or delay your campaign, in its sole discretion. In addition, you understand that Communitee may release your contact information to any third party that satisfactorily alleges a violation of its rights.

Communitee will consider complaints of possible infringement only from parties that own, or have the exclusive right to exploit, the applicable intellectual property. If you believe that a Communitee user has infringed upon your rights, please notify Communitee. You may also contact us by mail at the address provided at the end of these Terms of Service, attention Legal Department.

You must include with your notification the following information.

• A physical or electronic signature of a person authorised to act on behalf of the owner of the intellectual property that you allege is being infringed;
• The URL to the Communitee campaign(s) used in connection with the sale of the allegedly infringing merchandise;
• Identification of the copyright, trademark or other rights that allegedly have been infringed, including proof of ownership (such as copies of subsisting trademark or copyright registrations);
• Your full name, address, telephone number(s) and email address(es);
• A statement that you have a good-faith belief that use of the material in the URL submitted is unauthorised by the rights owner, or its licensee, and such use amounts to an infringement of the law.

Repeat Infringer Policy: Communitee has adopted a policy of terminating, in appropriate circumstances and at Communitee's sole discretion, users who are deemed to be repeat infringers. Communitee may also at its sole discretion limit access to the Communitee Service or terminate the memberships of any users who infringe or violate any intellectual property or other rights of others, whether or not there is any repeat infringement or violation.

Buyers: Purchasing of Merchandise

Payment: If you purchase any merchandise through the Communitee Service, you will be required to provide Communitee information regarding your credit card or other payment instrument. You represent and warrant to Communitee that such information is true and that you are authorised to use the payment instrument.

Loss and Cancellation: Title and risk of loss for all merchandise ordered by you will pass to you on our delivery to the shipping carrier. We reserve the right to cancel any order for any merchandise for any reason.

Returns Policy:  We guarantee the quality of our products, they are all bespoke and made to order. We will provide a full refund or exchange within 30 days from the day after you received your order if the product is faulty, damaged or significantly different than what was displayed on the campaign page. Any refund for your order will be processed back to your original form of payment for the order and will include the return delivery cost. Please direct any problems to info@communitee.co.uk

Cancellation Policy: When buying goods online you are protected by the Consumer Contracts Regulations 2013. This states that you have the right to cancel your order up to 14 calendar days from the day after you receive your order even if you simply change your mind. You are responsible for returning the order within 14 calendar days of cancelling and refunds must be paid within 14 calendar days after returning the goods, or evidence that they were returned. The goods shall be returned in new condition but not necessarily in the same packaging. The refund will include the least expensive return delivery option. Proof of postage should be sufficient evidence of returning goods. This does not affect your rights under the Consumer Rights Act 2015.

Communitee's Proprietary Rights

Service Content, Software and Trademarks: You are only authorised to use the Communitee Service for the purpose of engaging in business transactions with Communitee. You may not use any automated technology to scrape, mine or gather any information from the Communitee Service or otherwise access the pages of the Communitee Service for any unauthorised purpose. If you are blocked by Communitee from accessing the Communitee Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). The technology and software underlying the Communitee Service or distributed in connection therewith are the property of Communitee, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.

The Communitee Service may contain images, artwork, fonts and other content or features (“Service Content”) that are protected by intellectual property rights and laws. Except as expressly authorised by Communitee, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the Communitee Service or the Service Content, in whole or in part. Any use of the Communitee Service or the Service Content other than as specifically authorised herein is strictly prohibited. Any rights not expressly granted herein are reserved by Communitee.

The Communitee name and logos are trademarks and service marks of Communitee (collectively the “Communitee Trademarks”). Other company, product and service names and logos used and displayed via the Communitee Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Communitee. Nothing in these Terms of Service or the Communitee Service should be construed as granting any license or right to use any of Communitee Trademarks displayed on the Communitee Service, without our prior written permission in each instance.

Third Party Material: Under no circumstances will Communitee be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for 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 such content or materials. To the maximum extent permitted under applicable law, the third party providers of such content and materials are express and intended third party beneficiaries of these Terms of Services with respect to their content and materials.

Communitee may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Communitee, its users or the public.

Third Party Websites

The Communitee Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Communitee has no control over such sites and resources and Communitee is not responsible for and does not endorse such sites and resources. Communitee will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Communitee Service are between you and the third party, and you agree that Communitee is not liable for any loss or claim that you may have against any such third party.

Disclaimer of Warranties

Your use of the communitee service is at your sole risk. The communitee service is provided on an “as is” and “as available” basis. Without limiting a buyer’s right to return merchandise and obtain a refund to the extent described in our return policy, communitee expressly disclaims all warranties of any kind with respect to any campaign, merchandise or service, whether express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Limitation of Liability

Communitee will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if Communitee has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (I) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any merchandise, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of your transmissions or data; or (iv) any other matter relating to the service. In no event will Communitee’s total liability to you for all damages, losses or causes of action exceed the amount you have paid Communitee or Communitee has paid you in the last six (6) months. The foregoing limitations will apply to the maximum extent permitted under applicable law.

Termination

Communitee, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Communitee Service and remove and discard any content within the Communitee Service, for any reason. Further, you agree that Communitee will not be liable to you or any third party for any termination of your access to the Communitee Service.

Relationship

Each party is an independent contractor in the performance of each and every part of these Terms of Service. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of its activities under these Terms of Service. You do not have the authority to commit Communitee in any way and will not attempt to do so or imply that you have the right to do so.

Governing Law

For all users These Terms of Service will be governed by the laws of the United Kingdom, without regard to its conflict of law provisions. With respect to any disputes, you and Communitee agree to submit to the personal and exclusive jurisdiction of the courts located in London, England.

General

These Terms of Service constitute the entire agreement between you and Communitee and govern your use of the Communitee Service, superseding any prior agreements between you and Communitee with respect to the Communitee Service. The failure of Communitee to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Communitee, but Communitee may assign or transfer these Terms of Service, in whole or in part, without restriction. Notices to you may be made via either email or regular mail. Communitee may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Communitee Service.