- This agreement governs your use of Pabble’s site and service, including all orders made or processed for products or services in connection with the site and service. You and Pabble Enterprise., a company based in Kuala Lumpur providing custom, on-demand merchandise printing, sales, and other related services (“Pabble”), are the parties to this agreement. If you choose to use other features of the site and service, like opening a shop to sell custom, print-on-demand products, other terms may apply in addition to these. No exceptions to these terms are effective unless Pabble has agreed to them in writing.
- Pabble may change these terms from time to time. If Pabble makes changes to these terms, you will be notified and asked to accept the new terms as a condition of continuing to use Pabble Enterprise site and service. If you disagree with any amendments, you must stop using Spreadshirt’s site and service.
THE USAGE OF THE WEBSITE
- Pabble owns all intellectual property and other rights, title and interest in and to its site and service (except for licensed, user-provided content). Your use of the site and service does not grant you any right, title or interest to these properties, except as follows. Pabble grants you a limited, revocable license to access and use the site and service for its intended purpose: the provision of an online, on-demand, customizable merchandising solution. You may only use the site and service according to Pabble’s terms, rules, and guidelines found on its site, and Pabble may revoke this license and limit your access to the site and service accordingly.
- You may not
- interfere with the site and service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
- modify, copy, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the site and service;
- use a robot or other automated means to monitor the activity on or copy information or pages from the site and service, except search engines, traffic counters, or similar basic performance monitoring technology;
- impersonate another person or entity;
- use any meta tags, search terms, keywords, or similar tags that contain Pabble’s name or trademarks;
- engage in any activity that interferes with another user’s ability to use or enjoy the site and service, including activity that places a disproportionate burden on the site and service compared to ordinary use from a single, ordinary user;
- assist or encourage any third party in engaging in any activity prohibited by this agreement; or
- use the site and service to promote hate speech, obscenity, or any content that violates common ethical guidelines
INTELLECTUAL PROPERTY RIGHTS
- Pabble respects the intellectual property rights of others. We ask our users to do the same. Pabble may terminate the accounts of users who infringe, or may infringe, the copyright or other intellectual property rights of others. If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify Pabble at firstname.lastname@example.org.
SALES & PURCHASE
- By placing an order using Pabble’s site and service, a customer makes a binding offer for a contract of sale or, as the case may be, a contract for work and materials with Pabble only (no contract exists between the customer and any applicable shop owner). Pabble sends an order confirmation via e-mail to the customer. The order confirmation is not an acceptance of the offer, but only acknowledges that the order was received. The offer is only accepted when Pabble ships the ordered product to the customer and confirms the shipment to the customer in a second e-mail. Pabble cannot guarantee the continued availability of any products or designs found on its site.
- Information, drawings, figures, technical data, specifications of weight, measurements and services contained in brochures, catalogues, newsletters, ads, or price lists are purely informational. Pabble cannot guarantee the correctness of this information, and if there is any inconsistency between the information described above and the information in an order confirmation email, the order confirmation email controls.
- Pabble reserves the right to reject orders for any reason or no reason. If Pabble rejects an order, it will notify the customer.
- Pabble’s performance of an order is completed when the shipment provider completes delivery to the customer’s address, according to the records of the shipment provider. If there is an interruption of delivery, and Pabble cannot replace the order in a reasonable amount of time, Pabble will notify the customer immediately.
- If there is a product defect or if you are dissatisfied with your order for any reason, Pabble’s return policy will apply, which Pabble may change at any time in its sole discretion.
PRINT COLOR ACCURACY
- Pabble have made great effort to display as accurately as possible the colors or our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
- Pabble warrants that it will ship orders within two weeks after orders are placed. Normally, goods are shipped within a few days and typical delivery times are 3-5 days, but in certain circumstances shipment and delivery can take up to two weeks. Customers and Pabble may separately agree to more specific delivery times and terms in a separate writing or agreement (such as a request for faster shipping method).
- Customers may choose to pay by direct bank-in, online payment through our MOLPay system and credit card via Paypal.
- Pabble may sub-contract third parties to process payment.
- If the customer fails to pay, Pabble may assign its claims to a debt collection agency and transfer the personal data required for collecting payment to these third parties.
RULES FOR SHOP OWNERS / RESELLERS
- The Shop Owner is solely responsible for the content (e.g., URLs, print designs, images, slogans, background images, text, tags, descriptions, etc.) uploaded, or otherwise added through the Spreadshirt interface, to the shop or products (collectively “Shop Content”).
- The Shop Owner guarantees that the Shop Content was either created by the Shop Owner or that the Shop Owner is otherwise the owner or authorized licensee of all necessary rights in and to the Shop Content (for example, trademark, copyright, privacy rights, publicity rights, common law, etc.), necessary to effect the intent of this agreement. Pabble may demand written evidence of this license or authorization at any time.
- The Shop Owner guarantees that, to the best of the Shop Owner’s knowledge, no Shop Content infringes the rights of any third parties (for example, trademark, copyright, privacy rights, publicity rights, common law, etc.).
- The Shop Owner guarantees that the Shop Content does not violate any state or federal laws, especially laws regarding the protection of minors.
- If the Shop Owner violates any agreement with Pabble, violates common ethical guidelines, or if third parties claim that Shop Content infringes their rights, Pabble reserves the right to remove or modify the shop or Shop Content to address the problem; to withhold revenue from the Shop Owner who uploaded the Shop Content until the claim is resolved; and to use such commissions to offset the costs of the violation or claim for infringement in Pabble’s sole discretion.
- If Pabble believes, in its sole discretion, that Shop Content is wrongfully used, obviously misappropriated, or likely to create any risk for Pabble, then Pabble reserves the right to remove, limit, or modify the shop, Shop Content, or service provided to the Shop Owner to address the perceived risk.
- The Shop Owner must immediately inform Pabble in writing if the Shop Owner receives claims alleging that its Shop Content infringes third-party rights.
REVENUE PAYMENT TO SHOP OWNERS / RESELLERS
- The Shop Owner receives revenue for each sale of a product or design connected with the Shop Owner’s shop. The amount of the revenue varies depending on the amount set by the Shop Owner against the Base Price / Original Price set by Pabble.
- The revenues made by Shop Owner will be paid on the last day of the month to the Shop Owner’s registered bank account.
LIMIT OF LIABILITY
- You use Pabble’s site and service at your own risk. Pabble provides its site and service without any express or implied warranties. Pabble is not responsible for the actions, content, information, or data of third parties. You release us, our owners, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against Pabble or any related third parties.
- Pabble is not liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or relating to the site and service or any agreement between you and Pabble, even if advised of the possibility of such damages.
- The safety and privacy of personal data has a special value for Pabble Enterprise. (hereinafter Pabble). The collection, processing and usage of personal data shall only be undertaken with the consent of the individual or due to a legal obligation. Should anonymous or pseudonymous data be needed for business purposes, then only these forms of data shall be used.
- Personal data stored at Pabble is protected by extensive technical and operational safeguards against potential unauthorised access or abuse. Our security procedures are regularly reviewed along with the latest technological developments
- Pabble uses a secure method of data transmission known as SSL (Secure Socket Layer) transmission to process user information.
- You acknowledge that you are responsible for the securing your own information (including passwords), keeping your sensitive information confidential, and taking responsibility for actions taken in connection with your user account.
TERMINATION OF ACCESS
- Pabble may refuse to provide its site and service to you, in full or in part, effective immediately and without notice, for any reason or no reason, but especially if Pabble believes that you (or any others whom Pabble believes that you act in concert with) have violated or will violate any laws, rights, or term (or the spirit of any term) of any agreement you are a party to with Pabble, its affiliates, contractual partners, or users; or if Pabble believes in its sole discretion that your use of the site and service may create any risk (including any legal risk) for Pabble, its affiliates, contractual partners, or users. Limitation of access may include removal or modification of content that you have uploaded or otherwise sent to or through the site and service.
- If Pabble exercises its rights, or if you delete your account, this entire agreement and any other agreements you have entered into with Pabble will survive indefinitely until otherwise terminated according to their terms, if applicable.