Welcome to Once Upon a Tee (http://www.onceuponatee.net) also referred to as “Site”, owned and operated by Once Upon a Tee, LLC. Once Upon a Tee provides services to users subject to the terms and conditions set forth herein (the “Terms”) and, except as otherwise noted herein, the Terms govern your use of our Site as both a customer and/or artist. In addition, the use of any of the services supplied by Once Upon a Tee are subject to the rules, guidelines, policies, terms, and conditions applicable to such services, which are incorporated into these Terms by reference.
1. Artist Agreement
When you submit any design or artwork to Once Upon a Tee, you and Once Upon a Tee agree to abide by all of the terms of this Agreement. Once Upon a Tee is referred to in this Agreement as “we,” “us,” “our,” or “Once Upon a Tee.” Throughout this agreement, your submitted artwork is referred to at times in this Agreement as the “design.”
2. License fees for weekly collections
Once Upon a Tee pays you a license fee of $1.00 per tee shirt that we print and ship to customers using your design in our initial week of sale. This license fee will apply to the original print run that we make using your design.
3. The vault and additional or later run prints
If we make later print runs of shirts using your design (for example, if we make shirts available for future purchase from our Vault), we will contact you to verify the eligibility of the design. We pay out 10% of all sales from the Vault.
4. Terms of payment
The above license fees will be paid to you within 15 business days of our receipt of payment for each tee shirt or product. We will pay you through PayPal (or if you prefer another method, one that is mutually agreed upon). Through our payment, you also agree to be solely responsible for all taxes of any kind or nature that arise due to payment of the license fees to you.
5. Terms of agreement
You may terminate the agreement between the artist and Once Upon a Tee at any time. If you wish to terminate the terms you provide to us under this Agreement, please send us an e-mail to [email protected] If we have already printed apparel or other products using your design, you agree that upon your termination we may continue to market and sell our remaining inventory.
6. Marketing and future non-sale use of design
Under these terms, you agree that we may use the design you provide to us on our Site or for other promotional purposes. You also agree that such uses are royalty free. You agree that Once Upon a Tee will not owe you any license fees or other amounts for such uses.
7. Copyright of design and licensing
We acknowledge that you continue to own all copyright to your artwork or other materials submitted to Once Upon a Tee. We reserve the right to use your design royalty-free for marketing and advertising purposes, but you, the artist, will be paid for any sale involving a physical product as agreed upon in our terms.
This license will last until you terminate it as set forth in this Agreement. You agree that so long as we are complying with this Agreement, you will not terminate the license you have granted to us with respect to tee shirts or other products that we have actually printed using your design. You agree that you will not sell or license a design you provide to us, and that we have actually printed, in any way that would keep Once Upon a Tee from being able to fully use the design during the agreed print dates. You are free to sell the license of your design anytime after our agreed print dates.
8. Design and artwork warranty
You warrant to us that that you have not, and that you will not, submit to Once Upon a Tee any designs, artwork or other materials:
- That are prohibited by any applicable laws;
- For which you do not have the right to grant us the licenses mentioned above;
- That are not created by you or a collaboration of you and a partner;
- That are owned, in whole or in part, by any other person or entity;
- That defame or violate the rights of any person, including rights of publicity, personality, privacy, copyrights, intellectual property or otherwise; and
- That include materials that are obscene, pornographic, offensive, or objectionable on any grounds. You also warrant that you have the right to grant Once Upon a Tee the rights transposed above, and that such rights do not conflict with the rights of any other person or entity or your obligations to them.
Through our terms, you also agree that you are 18 years of age or older and the author of the designs, artwork or other materials provided to us. and you agree to indemnify Once Upon a Tee for any liabilities associated with later acts by you or your representatives in connection with the designs, artwork or other materials provided, including any attempt to disaffirm this Agreement at any point in the future. You agree that you and all of your legal guardians, successors, assigns, and representatives will be bound by all provisions contained in this Agreement.
You agree to defend, indemnify and hold harmless Once Upon a Tee, and any subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:
- your use of and access to the Site;
- your violation of any term of aforementioned terms;
You also understand and agree that Once Upon a Tee cannot control the use that our customers make of our products, our Web site, or other items that may contain your design. If a customer or Web site user violates our rights or your rights, or claims are brought against you due to the conduct of a customer or user of our site, you agree to look solely to the customer or Web site user for damages or indemnity arising from or related to such uses or claims. You agree that Once Upon a Tee has no obligation to monitor the use of or content of any tee shirts , design, comments, or other items obtained from our Web site and Once Upon a Tee will have no liability to you for our failure to do so.
10. Permitted use of name, logo, and mascot
You may use the Once Upon a Tee name, our logo, and our mascot, Teerion to promote the sale of your design or other products bearing your design provided that you comply with our guidelines mentioned in these terms. You agree to stop use of the Once Upon a Tee name and any of our logos immediately upon our request.
11. Survival of terms
If you elect to terminate the terms and license set forth in this Agreement the following sections of the Agreement will remain in effect following the termination: Design Warranty, Indemnity, Disclaimers, Liability Limitation, Trademarks and Copyright, and General Terms.
11. Modifications to terms and conditions
We may change, modify, add to or delete portions of these Terms and Conditions at any time. When we do this, we will notify you of these changes by inserting an “updated” icon next to the link for the Terms and Conditions on each page of the site for one month from the date of the change.
If the changes directly affect products currently on sale, we will contact the artists. However, please note that it is your responsibility to regularly review the Terms and Conditions of this site. If you no longer accept these Terms and Conditions or any changes or variations to these Term and Conditions you must cease using this site. Your continued use of this site is deemed to be acceptance of these Terms and Conditions and any changes thereto.
13. Questions or concerns
If you have any questions or concerns about the terms submitted here, please feel free to contact us at http://onceuponatee.zendesk.com.