MerchYeah LLC (“MerchYeah” “we” or “our” or “us”) owns and operates MerchYeah.com("the site” or “the website” or “the service” or “platform”), as well as related websites, applications including orders made or processed for products and services. By accessing any part of this site or using any of our services, you agree to and agree to be bound to and abide by these terms and conditions as well as any additional terms, buyer terms, seller terms, and our policies.
These terms apply to you and to your access and your use of MerchYeah.com, and any other website or service operated by or serviced by MerchYeah. If you disagree with any of these terms and conditions or our policies, you must stop accessing or using the website and/or any services of MerchYeah immediately.
We may update and reserve the right to revise or modify our terms and conditions and our policies from time to time and at our sole discretion. All changes are effective immediately when we post them. Your continued access or use of the site means that you agree to the changes. You are expected to check these terms and polices regularly so you are aware of any changes, as they are binding. These terms and our policies apply to anyone accessing the site, and all users including registered and unregistered.
Eligibility and Age Restriction:
MerchYeah services are only available to and may only be used by individuals who can form legally binding contracts under applicable law.
Our Services
MerchYeah offers a wide rage of services including, but not limited to, web stores, eCommerce services, custom printing, product and garment customization, on-demand printing, order fulfillment, and warehousing services. We provide services to individuals, artists, brands, social influencers, bands, solo artists, organizations, schools, and more. This platform is also used by customers, fans, and supporters who choose to purchase products and merchandise. Our terms and polices extends to and includes all users and visitors.
Security
You are solely responsible for the security of your account and any damages that could arise from a failure to secure your account. To best protect your account, you should d keep passwords and other login credentials confidential. You a solely responsible for all activity on or through your account. If you believe your account has been compromised, it is advised you reset your password as soon as possible. Certain areas of the site may require registration and you may be asked to provide information to access certain features of the site. The decision to provide this information is optional, however if you do not elect to provide necessary credentials and information you may not be able to access certain features, content, or abilities of the site.
Conduct of Users
You are solely responsible for all activity on your account while accessing or using the site. The site is intended for the purposes outlined as part of our terms and policies. We reserve the right to delete, edit, remove any content posted on the site for any reason and without notification. We reserve the right to unpublish, limit access, delete content, accounts, and users for any reason and without notification.
Site Content
While MerchYeah endeavors to provide up-to-date and accurate information, the content may not be wholly accurate, up-to-date and may be subject to change. All content is provided with no representations or warranties. The site does not represent or warrant that content posted on or in connection with the site by users is truthful, accurate, or reliable. By accessing and using the site, you accept the full risk that you might be exposed to content that is objectionable or inappropriate. You acknowledge that we cannot pre-screen or approve all content and make no representations or warranty as to the accuracy, authenticity, or completely of information and content on the site. Under no circumstance will MerchYeah be liable for any content, loss, or damage of any kind incurred as a result of content posted or made available via the service.
Objectionable Content
MerchYeah has the sole discretion to reject, remove, edit and delete content and information it deems defamatory, libelous, obscene, or profane. Advocating hate, violence or persecution based on race, gender, religion, sexual orientation, age, disability, national origin, and content or images containing sexually explicit content are absolutely not permitted. By using our service and site, you agree to not use, create, post, or share any content that is unlawful, threatening, hateful, abusive, harmful, defamatory, obscene, libelous, invasive of another’s privacy, or infringes on the copyright, trademark, patent, or proprietary rights of any third-party.
If you encounter or become aware of any content that may be deemed illegal, objectionable, infringing, or unlawful anywhere on the site, please report the content and the URL to the page it is found to us immediately.
Security of Information
MerchYEAH strives to protect all data and content, however we do not warrant and cannot ensure security of any information that you post or transmit to us. No data transmission over the internet can be guaranteed as being secure. Any information and data that you transmit is transmitted at your own risk.
Linked Websites
MerchYeah and MerchYeah Partner shops may contain links to other websites. Those links may not be maintained or updated. MerchYeah is not responsible for content or privacy issues associated with linked sites. Websites linked to our from our services are in no way an endorsement, approval, or recommendation of a linked website or their content such as messaging, information, graphics, or services.
Property Release for Marketing
Upon utilizing our service and site, you give your consent and authorize MerchYeah with a non-exclusive, global, and royalty-free license to utilize and publish your designs. MerchYeah retains the right to use and publish your design for promotional purposes across both paid and unpaid media, including but not limited to advertisements, the MerchYeah website, affiliated platforms, newsletters, emails, social media posts, and videos. Whenever feasible, proper credit will be attributed to shops and artists in adherence to ethical practices.
User Disputes
MerchYeah is not responsible for any disputes or disagreements between you, other users, or any third-party. By using our service you assume all risk and agree to resolve disputes direct with users and other third-parties. You release and indemnify MerchYeah pursuant to these terms of any damages, expenses, claims, demands, fines, costs or penalties from any dispute. As part of these terms, you also agree to not involve MerchYeah in any such disputes.
Limitation of Liability
By accessing or using the site in part or in whole, you agree and understand that MerchYeah will not be liable for any direct, indirect, exemplary, consequential, special, punitive, or incidental damages. Damages may include, but are not limited to loss of profits, data, goodwill, or use of the service.
MerchYeah takes all reasonable steps to ensure our site and service is available 24 hours a day, and 365 days a year. Websites do sometimes experience downtime due to servers, updates, failures, repairs, technical issue, and for other reasons of issues beyond our control. You agree that MerchYeah will not be liable if the website or service is unavailable at any time.
Indemnification
By accessing or using the site, you agree to indemnify, defend, and hold MerchYeah, it’s subsidiaries, direct officers, indirect officers, agents, employees, contractors, owners, directors, and share holders harmless from any and all claims, actions, debts, liens, damages, liabilities, expenses, and litigation including attorneys fees.
Trademarks, Copyright and Intellectual Property
By accessing or using MerchYeah, you understand that you are solely responsible for all activity on your account. By using our service you agree than any and all content you use is owned by you or that you hold the appropriate license and permission to use the content, that the content contains no copyrighted, trademarked, or other protected material owned by another party, the content contains no inaccurate, dishonest, or mislead claims or statements, the content is not unlawful, threatening, hateful, abusive, harmful, defamatory, obscene, libelous, invasive of another’s privacy.
Third-Party Beneficiaries and Charities
Funds and proceeds from sales are typically paid and transferred via PayPal to MerchYeah shop owners and MerchYeah Partner shops. You are solely responsible for any and all payments promised, made, transferred or donated to a third-party beneficiary or charity. To the extent you state that the sale of a product will result in any contribution to a third-arty, you understand and warrant that your statements are true, accurate and that you are solely responsible for any claims, actions, debts, liens, damages, liabilities, expenses, and litigation including attorneys fees arising from any dispute.
You agree that all information and content you provide is true, accurate and that proceeds are used solely as described in any promotion of your shop and products.
Fraudulent Activity
Fraud in any form is regarded as a serious matter. Appropriate actions including but not limited to withholding payouts and/or account termination are at our discretion, for any reason, and without notification.
Taxation Responsibility
You a solely responsible for any taxes you owe based on the payouts you receive. You are fully and solely responsible for any and all taxes applicable to your earnings through MerchYeah.
Tax reporting document for payouts made through PayPal or other third-party payment processors, will be provided by the third-party processor in accordance with all regulations and tax laws.
For international shop owners, you must comply with your countries tax system and regulations. We recommend using the services of a tax professional to ensure you a tax codes and laws applicable to your earnings.
Unclaimed Funds
MerchYeah makes every effort to transmit funds due to shop owners. In cases where a user provides insufficient information such as a valid PayPal email, or other contact information, we will make our best effort to contact you in order to get complete and necessary information. If a payout goes unclaimed for more than sixty (60) days, funds will be waved and cleared from the account. After sixty (60) days, shop owners wave their rights and title to the payout.
Hacking and Malicious Activity
You agree not to attempt to hack, crack, reverse engineer, damage, deny service or interfere (collectively, “interfere”) with the site and service in any way. If you interfere with the site, you agree to pay any and all damages incurred by MerchYeah. We reserve to the right to prosecute any user who interferes with or attempts to defraud MerchYeah in any way. MerchYeah reserves the right to block user, deny service, deny access, limit access, block a user’s IP address, and/or suspend or delete a user’s account at any time and at our sole discretion. We reserve the right to take any action we deem necessary and appropriate with respect to violations of these terms and our policies.
Severability
If any provision or part of these terms are held by a competent court of jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining provision and portions will remain valid and in full effect.
Updates to our terms and polices
We may update and reserve the right to revise or modify our terms and conditions and our policies from time to time and at our sole discretion. All changes are effective immediately when we post them. Your continued access or use of the site means that you agree to the changes. You are expected to check these terms and polices regularly so you are aware of any changes, as they are binding. These terms and our policies apply to anyone accessing the site, and all users including registered and unregistered.
Termination
These terms remain effective unless terminated by MerchYeah. MerchYeah may terminate this Agreement at any time and may do so immediately and without notice. We receive the full right to deny or limit access to the site at any time. Failure to comply with any of our terms or policies can and will result in a denial of your access.
If you disagree with any of these terms and conditions or our policies, you must stop accessing or using the website and/or any services of MerchYeah immediately.
Law and Jurisdiction
If you’re having an issue, we encourage you to contact use before taking legal action. In the rare occasion and if legal action does arise, our terms and polices will be governed by and in accordance with the laws of the State of Georgia and the United States and will be adjudicated in the State of Georgia.
