Terms & Conditions
If you register as a shop owner, you promise to allow us to use any image you upload for the purposes of making your products. We promise to keep an accurate record of your sales, and pay you 25% of the sale price of each product you sell (or provide a 25% discount if you buy one of your own products). We don't own your image, you just allow us to use it to make your merchandise.
If you register as a customer, we promise to supply your item in good condition and in a reasonable timeframe. If we can't supply your order for any reason then we will contact you promptly via email and refund your payment.
The full legal terms are below...
Terms of Service
Effective Date: February 1, 2012
Thank you for visiting the Cottoncart.com ("Cotton Cart", "our" or "we") website. The Cotton Cart website has been made available to you subject to your compliance with the terms and conditions set forth below (the "Terms of Service"). Please read this document carefully before accessing or using the Cotton Cart website.
By accessing or using this website, you are agreeing to be bound by the Terms of Service. If you do not wish to be bound by the Terms of Service, you may not access or use the website.
Modification of the Terms of Service
Cotton Cart reserves the right to change the terms, conditions, and notices at any time we see fit and without notice, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Terms of Service and additional terms or notices posted on the Cotton Cart website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement.
What service does Cotton Cart provide?
Cotton Cart provides a service allowing certain users (“Clients”) to create customised products, including without limitation, merchandise, books, compact discs, VCDs, and CD-ROMS (collectively, "Products"). Clients, also known as Shop Owners may create and purchase individual Products for their own use or sell Products through their own page on the Website (“Shop” or “Shops”). Clients who would like to sell Products through Shops must agree with all the conditions set out in this document . All users may browse the Website and purchase Products from the Shops. Cotton Cart may offer a number of other services on its Website, including without limitation, message boards, contests, and newsletters, which may change from time to time.
What are my obligations?
General. Clients must use the Shops Service in a manner that demonstrates common sense and respect for the rights of Cotton Cart and third parties and in accordance with applicable laws and regulations.
Shop Content. If you open a Shop, you will be solely and exclusively responsible for ensuring that your Shop(s), any content or materials that you submit to Cotton Cart for use with your Products ("Content"), and any websites linked to your Shop comply with the terms and conditions of this Agreement and all applicable laws, regulations and rules. All Shop Content must comply with terms stated in this document. While Cotton Cart has no obligation to monitor the transactions or communications made through its Website, it reserves the right, in its sole and absolute discretion, to cancel any transaction or remove any Content from the Website at any time without notice and without any liability to you or any third party.
Prohibited Content. You may not design, produce, market or sell a Product that does not comply with this Section, as determined by Cotton Cart in its sole and absolute discretion. For example, but without limitation, you may not design, produce, market or sell a Product that Cotton Cart believes: (i) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, and rights of privacy and publicity; (ii) is defamatory; (iii) is obscene or pornographic; (iv) is racist; (v) sexist or (vi) violates any applicable law, rule, or regulation, including, without limitation, by exploiting images or the likeness of minors.
Use of the Web Site and Cotton Cart Service.
Eligibility. Cotton Cart will only knowingly provide the Cotton Cart Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Cotton Cart Service only under the supervision of a parent or legal guardian who agrees to be bound by this TOS. The Cotton Cart Service is not intended for children under the age of 13.
Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of this TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use Cotton Cart Service and the Website.
Your License to Use the Web Site and the Cotton Cart Service.
(a) Cotton Cart solely and exclusively owns all intellectual property and other rights, title and interest in and to the Cotton Cart Service and Website, except as expressly provided for in these TOS. For example and without limitation, Cotton Cart owns the trademarks COTTON CART, COTTONCART.COM; the copyrights in and to the Website, and certain technology used in providing the Cotton Cart Service. You will not acquire any right, title or interest therein under this TOS or otherwise to any intellectual property owned by Cotton Cart.
(b) Cotton Cart grants you a limited revocable license to access and use the Website and the Cotton Cart Service for its intended purposes, subject to your compliance with this TOS. This license does not include the right to collect or use information contained on the Website for purposes prohibited by Cotton Cart; to compete with Cotton Cart; to create derivative works based on the content of the Website; or download or copy the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach this TOS, Cotton Cart may revoke the license granted to you.
This Section does not pertain to your intellectual property rights.
Prohibited Use. You may only use the Cotton Cart Service as expressly permitted by Cotton Cart . You may not cause harm to the Website or the Cotton Cart Service. Specifically, but not by way of limitation, you may not: (i) interfere with the Cotton Cart Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Cotton Cart Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Cotton Cart Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain Cotton Cart's name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the Cotton Cart Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by this TOS.
3.3 Ordering Policy. If you purchase Products, you agree to do so in accordance with Cotton Cart's Ordering Policy. We must receive full payment for the items you’ve purchased before your order can be processed. On receipt of payment we will confirm that your order has been received by sending you an e-mail to the e-mail address you provide in your registration form. Our acceptance of your order brings into effect a legally binding contract between us.
Reservation of Rights.
Monitoring. Cotton Cart reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If Cotton Cart determines, in its sole and absolute discretion, that you or another Cotton Cart user will breach a term or condition of this TOS or that such transaction or communication is inappropriate, Cotton Cart may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
Modification of the Service. Cotton Cart reserves the right to modify the organization, structure or "look and feel" of the Cotton Cart Service or the Website, and may change, suspend, or discontinue any aspect of the Cotton Cart Service at any time without any liability to you or any third party. Cotton Cart shall have complete discretion over the features, functions, prices and other terms and conditions on which the Cotton Cart Service is offered to Cotton Cart users.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant Cotton Cart permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that Cotton Cart will have no obligation to keep any Submissions confidential. You will not bring a claim against Cotton Cart based on "moral rights" or the likes arising from Cotton Cart's use of a Submission. This Section does not apply to your Content that you use in connection with the Create & Buy Service or Shops Service.
Representations and Warranties.
Mutual Representations and Warranties. You represent and warrant to Cotton Cart and Cotton Cart represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this TOS, (ii) the execution and performance of your or its obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this TOS is a legal, valid and binding obligation of the party entering into this TOS, enforceable in accordance with its terms and conditions.
By You. You represent and warrant to Cotton Cart that, in your use of the Cotton Cart Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to Cotton Cart that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) Cotton Cart will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that Cotton Cart incurs in providing the Cotton Cart Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
Effective Date: February 1, 2012
Welcome to the Cotton Cart Shops Agreement ("Agreement"). This Agreement contains the terms and conditions under which Cotton Cart offers the "Shops Service" (defined below). Use of the Cotton Cart Shops Service constitutes your agreement to and acceptance of this Agreement. Cotton Cart reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Cotton Cart Website. In the event of substantive changes to the terms of this Agreement, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Shops Service. Your continued use of the Shops Service following posting of a change notice or new agreement on the Cotton Cart Website will constitute binding acceptance of the changes.
Shops Service. This Agreement provides the terms and conditions under which Cotton Cart provides its service that will allow you to create, produce, market, and sell Products through Shops (the "Shops Service").
Terms of Service. If you become a Shop Owner, you will continue to be bound by all of the terms and conditions of the Terms of Service, which are incorporated into this Agreement by this reference. For clarity, the Shops Service is deemed part of the "Cotton Cart Service." All initially-capitalized terms not defined in this Agreement are defined in the Terms of Service, and any disputes you may have relating to your use of the Shops Service will be subject to confidential binding arbitration in accordance with the Terms of Service. If the terms of this Agreement conflict with the Terms of Service, this Agreement will govern and be given precedence.
Opening a Shop. Opening an Account. Only Clients have the right to use the Shops Service. To become a Client, you must open an account (an "Account") with Cotton Cart through its online registration process.
Contact Information. You must provide Cotton Cart with accurate and complete contact and payment identification information when you open an Account. You must immediately notify Cotton Cart if any of this information changes. If you do not provide Cotton Cart with complete, accurate, and updated contact and payment information, you may not be eligible to sell Products for-profit.
Account Security. You will need to select a password if you open an Account. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and Account, including, without limitation, any use by any unauthorized third party. You must notify Cotton Cart immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify Cotton Cart immediately if you become aware of any other breach or attempted breach of the security of your Account or the Cotton Cart Service.
Shop Services. Through the Artist Shops Service Cotton Cart provides, without limitation, premium products, programs, promotions, coupons, discounts, market data, special pricing structures and other fee-based services and programs ("Shop Services"). Use of the Shop Services constitutes your agreement and acceptance of the terms and conditions of the Shop Services. Cotton Cart may terminate or modify the Shop Services from time to time.
General. You must use the Artist Shops Service in a manner that demonstrates common sense and respect for the rights of Cotton Cart and third parties and in accordance with applicable laws and regulations.
Shop Content. If you open a Shop, you will be solely and exclusively responsible for ensuring that your Shop(s), any content or materials that you submit to Cotton Cart for use with your Products ("Content"), and any websites linked to your Shop comply with the terms and conditions of this Agreement and all applicable laws, regulations and rules. All Shop Content must comply with the Content Usage Policy. While Cotton Cart has no obligation to monitor the transactions or communications made through its Website, it reserves the right, in its sole and absolute discretion, to cancel any transaction or remove any Content from the Website at any time without notice and without any liability to you or any third party.
Prohibited Content. You may not design, produce, market or sell a Product that does not comply with the Content Usage Policy as determined by Cotton Cart in its sole and absolute discretion. For example, but without limitation, you may not design, produce, market or sell a Product that Cotton Cart believes: (i) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, and rights of privacy and publicity; (ii) is defamatory; (iii) is obscene or pornographic; or (iv) violates any applicable law, rule, or regulation, including, without limitation, by exploiting images or the likeness of minors.
Is my work or content licensed to Cotton Cart ?
You will always retain full ownership of your logo, artwork and brand.
In uploading any of your design Content to the Website, you grant to Cotton Cart a royalty-free, worldwide, transferable, nonexclusive, right and license in such Content, in all media existing now or created in the future: (i) to permit you to use the Service to design, produce, market and sell Products, and (ii) to promote, market and advertise your Products, your Shop, or the Cotton Cart Service generally. Without limitation, this promotion, marketing, or advertising may consist of: (i) display of your Products, (ii) promotional "streams" of audio Content on the Website, (iii) display of Products on the Website, (iv) Product or Content placement in magazines, television shows, movies and other media, and (iv) the right to give away or sell any uploaded media where explicit permission has been granted. Cotton Cart may sublicense the rights that you grant it in this Section. This Section 4 only gives Cotton Cart the right to use your Content for the purposes stated above, and does not give Cotton Cart ownership of any of your Content.Product Creation.
Delivery of Content. You will upload or ship to Cotton Cart all Content that you want to use in your Shop in accordance with the applicable instructions on the Website. You must also upload or ship all other Content required to package and market any of your Products, such as cover artwork, titles, and complete and accurate credits. Cotton Cart may, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use with the Shop.
Approvals and Consents. You must have all necessary approvals and consents to use all Content and you must deliver copies of those approvals and consents to Cotton Cart , if Cotton Cart requests them.
Costs of Creation. You will be solely responsible for the creation of the electronic and digital Content that you upload or ship to Cotton Cart , and will pay all costs associated with its creation and copies thereof.
Who owns the content I upload to Cotton Cart ?
Description. Cotton Cart offers a service (the "Create & Buy Service") that allows you to upload images, video, audio, data, and other content (collectively, "Content") to the Website to create, produce and purchase Products featuring the uploaded Content for your own use.
Delivery of Content. You will upload or deliver to Cotton Cart all Content that you want to use with the Create & Buy Service in accordance with the applicable instructions on the Website and in accordance with the “Obligations” Section above. . Cotton Cart may, in its sole and exclusive discretion, determine whether any Content complies with such instructions.
Licensing Your Content to Cotton Cart . You will retain ownership of the Content that you upload to the Website. You hereby grant to Cotton Cart a royalty-free, worldwide, transferable, nonexclusive, right and license to use such Content, in all media existing now or created in the future, as Cotton Cart deems necessary to enable you to use the Create & Buy Service to create, produce and purchase Products. Cotton Cart may sublicense the rights that you grant it in this Section to a third party subcontractor only for purposes of providing the Cotton Cart Service, processing your order, and producing and shipping your Products.
Disclaimers and Exclusions.
DISCLAIMER OF WARRANTIES. Cotton Cart PROVIDES THE WEBSITE AND Cotton Cart SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. Cotton Cart DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, Cotton Cart SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. Cotton Cart MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
Limitation of Liability.
LIMITATION OF LIABILITY. Cotton Cart WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE Cotton Cart SERVICE OR THIS TOS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THIS TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS TOS EXCEED THE GREATER OF (i) THE AMOUNT PAID BY Cotton Cart TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.
You must indemnify and hold Cotton Cart and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any provision of this TOS through any act or omission. If you have to indemnify Cotton Cart under this Section, Cotton Cart will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Cotton Cart's express written permission.
Termination. In its sole discretion, with or without notice to you, Cotton Cart may: (i) suspend, limit your access to or terminate your use of the Website and/or the Cotton Cart Service, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your Content from Cotton Cart's servers and directories and (iv) prohibit you from using the Cotton Cart Service and/or the Website.
Survival. Notwithstanding Section 11.1 above, this TOS will survive indefinitely unless and until Cotton Cart chooses to terminate this TOS.
Effect of Termination. If you or Cotton Cart terminates your use of the Website or the Cotton Cart Service, Cotton Cart may delete any Content or other materials relating to your use of the Cotton Cart Service on Cotton Cart's servers or otherwise in its possession and Cotton Cart will have no liability to you or any third party for doing so.
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by electronic mail. If you give notice to Cotton Cart , you must use the following addresses: email@example.com. If Cotton Cart provides notice to you, Cotton Cart will use the contact information provided by you to Cotton Cart . All notices will be deemed received as follows: by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement. .
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.
These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of England, Scotland and Wales without reference to conflict of law principles. This TOS is not assignable or transferable by you without the prior written consent of Cotton Cart. This TOS (including all of the policies and other Agreements described in this TOS, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Cotton Cart are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).