Ayeva Terms of services
Use of the Ayeva Service
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 Ayeva of any unauthorized use of your password or account or any other breach of security. Ayeva reserves the right to terminate accounts and/or listings that are inactive for six (6) months or more.
Multiple Member Accounts Prohibited: Operating and maintaining multiple member accounts is prohibited. If you have a legitimate business need for a second account.
Misuse of Member Account: If you repeatedly upload excessive amounts of data, engage in fraud or other illegal activity, infringe any third party rights, fail to comply with the Terms of Service or any other Ayeva policies, Ayeva may, in its sole discretion, cancel your listings, suspend your use of Ayeva tools and reports, restrict or terminate your account, and/or withhold and disburse any proceeds associated with that account.
Please remember that Ayeva 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. Ayeva also has no control over the content made available through any Social Networking Service. Please review their policies to understand their content-related practices. Ayeva does not have any liability or responsibility for the acts or omissions of any of the Social Networking Services accessed through the Ayeva Service. Ayeva 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 Ayeva 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 Ayeva Service only with the approval of your parent or guardian.
Applicable Laws: In connection with your use of the Ayeva 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 Ayeva in connection with your use of the Ayeva Service. Ayeva may establish general practices and limits concerning use of the Ayeva Service. Ayeva reserves the right to change its instructions, general practices and limits at any time, in its sole discretion, with or without notice.
Creation and Implementation of Product Listings
The Ayeva Service allows sellers to create product listings and sell custom physical and digital merchandise and apparel through those listings. Following are specific obligations concerning the initiation of any listing. To the extent any listing violates these Terms of Service, we may choose to terminate, delay or modify the listing at our discretion.
Your Right to Implement a Listing: By creating a listing through the Ayeva services, you represent and warrant that you own or are the licensee of all trademark rights, copyrights, rights of publicity and other intellectual property or other proprietary rights necessary to create and implement the listing (“Listing Rights”), including any rights relating to the name, description, images, text or URL used for the listing. You will provide Ayeva with evidence of your Listing Rights upon request.
Ayeva does not claim any ownership rights in the content you upload to the Ayeva Service. Please be sure you maintain copies of all of your work. Ayeva has no responsibility or liability for the deletion or failure to store any content or information uploaded to the Ayeva services.
For online events promoted by you through the Ayeva services, Ayeva operates an online marketplace where Ayeva customers can purchase event tickets. Ayeva helps manage ticketing and registration on your behalf, however Ayeva is not the host, creator, or organiser of such online events. You agree that you are the organiser of your online events, and you are solely responsible for providing the event (including the third-party platform for hosting or streaming the event) and ensuring that the online event is delivered as described. You are also responsible for all activities related to your online events that take place off the Ayeva services, such as on any third-party streaming platform.
Ayeva retains all ownership rights in any designs created by Ayeva designers which may not be used by you, other than in connection with your listings on the Ayeva services, without Ayeva’s express written consent.
For the purpose of implementing and fulfilling your listing and for the purpose of advertising the Ayeva services in any medium Ayeva chooses, you hereby grant Ayeva a nonexclusive, worldwide, fully paid up, transferable, sublicensable license under your Listing Rights to copy, display, distribute, modify the content you upload to the Ayeva services (including all related images, text, content and information).
Ayeva, in its sole discretion, may make promotional offers with different features and different pricing to any of Ayeva’s sellers. These promotional offers, unless made to you, will not apply to you or these Terms. For example, Ayeva may make different digital product file types available to sellers who achieve a certain level of sales.
Acceptable Use: Your use of the Ayeva services, including the creation and implementation of product listings, is subject to these Terms of Service (including our Acceptable Use Policy).
Indemnity: To the extent any listing launched by you or launched via your Ayeva account 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 Ayeva has the right to withhold and redirect any funds collected relating to the listing, which funds will be disbursed based on Ayeva’s internal policies (for example, Ayeva may give the funds to a charity where a listing falsely states it is raising funds for that charity, or Ayeva may apply such funds to any judgment or settlement, and/or the reimbursement of Ayeva’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 Ayeva in such activities. Without limiting the foregoing, you also agree to indemnify and hold Ayeva 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 listing must meet reasonable production standards (e.g. a listing 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 Ayeva services, must be accurate and correct and must not include any content concerning non-Ayeva activities, events, products, services or promotions.
Proceeds from Listing: If you create a listing for products through the Ayeva services, Ayeva will charge you a “base price” for each product that it makes available to you for your listing. You will be responsible for setting the price you charge consumers for each product. Once your listing is launched and products are sold, you will earn the difference between the base price and your sale price, less returns. You may request payout through your dashboard at any time. You are solely and fully responsible for payment of any income taxes applicable to the amounts you earn through the Ayeva services. Prior to receiving your payout, you may be required to provide additional information to Ayeva as needed by Ayeva to comply with its reporting obligations.
Partnership Disputes: If you work with other people on your listing, and there is a dispute between you and your partners, even though Ayeva receives notice of the dispute, Ayeva is entitled to make payouts and otherwise correspond with the original registrant. Alternatively, Ayeva may withhold payouts until the dispute is resolved, in Ayeva’s sole discretion.
Charities/Fundraising: You represent and warrant that any listing you create that implicitly or explicitly relates to a charity or fundraising effort is authorized by such charity or fundraising effort, and you will ensure that your listing description clearly and accurately states the percentage of proceeds that will be donated and to whom those proceeds will be donated.
Ayeva Right to Lower Sales Goal: You will be able to set the “sales goal” for each listing. You agree that Ayeva may, in its sole discretion, begin to fulfill orders before your sales goal is met.
Intellectual Property Complaints
Infringement Claims Between Ayeva Users, Waiver of Claims: As a condition of using the Ayeva Service, you agree to submit any and all infringement claims against Ayeva users (so called “Copycat Claims”) pursuant to Ayeva’s existing policies and procedures governing such claims. You further agree, as a condition of using the Ayeva Service, to waive any and all claims against Ayeva arising from alleged infringement by you or another Ayeva user. In addition, you understand that Ayeva may release your contact information to any Ayeva User that satisfactorily alleges a violation of its rights under this section.
Infringement Claims by Third Parties: Ayeva takes any allegations of infringement seriously. If Ayeva receives any complaint or allegation that your listing or any resulting merchandise constitutes an unauthorized use of a third party’s rights, you understand that Ayeva may terminate or delay your listing, in its sole discretion. In addition, you understand that Ayeva may release your contact information to any third party that satisfactorily alleges a violation of its rights.
Ayeva 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 Ayeva user has infringed upon your rights, please notify Ayeva through our Intellectual Property Claim page. 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 authorized to act on behalf of the owner of the intellectual property that you allege is being infringed;
- The URL to the Ayeva listing(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 unauthorized by the rights owner, or its licensee, and such use amounts to infringement under federal or state law; and
- A statement, under penalty of perjury, that the information in the notification is complete and accurate and that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.
Repeat Infringer Policy: Ayeva has adopted a policy of terminating, in appropriate circumstances and at Ayeva’s sole discretion, users who are deemed to be repeat infringers. Ayeva may also at its sole discretion limit access to the Ayeva 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.
Ayeva’s Proprietary Rights
Service Content, Software and Trademarks: You are only authorized to use the Ayeva Service for the purpose of engaging in business transactions with Ayeva. You may not use any automated technology to scrape, mine or gather any information from the Ayeva Service or otherwise access the pages of the Ayeva Service for any unauthorized purpose. If you are blocked by Ayeva from accessing the Ayeva 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 Ayeva Service or distributed in connection therewith are the property of Ayeva, 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 Ayeva 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 authorized by Ayeva, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the Ayeva Service or the Service Content, in whole or in part. Any use of the Ayeva Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Ayeva.
The Ayeva name and logos are trademarks and service marks of Ayeva (collectively the “Ayeva Trademarks”). Other company, product and service names and logos used and displayed via the Ayeva Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Ayeva. Nothing in these Terms of Service or the Ayeva Service should be construed as granting any license or right to use any of Ayeva Trademarks displayed on the Ayeva Service, without our prior written permission in each instance. All goodwill generated from the use of Ayeva Trademarks will inure to Ayeva’s exclusive benefit.
Third Party Material: Under no circumstances will Ayeva 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.
Ayeva 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 Ayeva, its users or the public.
Third Party Websites
The Ayeva Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Ayeva has no control over such sites and resources and Ayeva is not responsible for and does not endorse such sites and resources. Ayeva 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 Ayeva Service are between you and the third party, and you agree that Ayeva is not liable for any loss or claim that you may have against any such third party.
*Disclaimer of Warranties
YOUR USE OF THE AYEVA SERVICE IS AT YOUR SOLE RISK. THE AYEVA 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, AYEVA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY LISTING, 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
AYEVA 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 AYEVA 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) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL AYEVA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID AYEVA OR AYEVA HAS PAID YOU IN THE LAST SIX (6) MONTHS.
Ayeva, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Ayeva Service and remove and discard any content within the Ayeva Service, for any reason. Further, you agree that Ayeva will not be liable to you or any third party for any termination of your access to the Ayeva Service.
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 Ayeva in any way and will not attempt to do so or imply that you have the right to do so.
These Terms of Service constitute the entire agreement between you and Ayeva and govern your use of the Ayeva Service, superseding any prior agreements between you and Ayeva with respect to the Ayeva Service. The failure of Ayeva 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 Ayeva, but Ayeva 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. Ayeva 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 Ayeva Service.
Our liability: Nothing in these Terms of Service shall limit or exclude our liability to you:
- for death or personal injury caused by our negligence;
- for fraudulent misrepresentation; or
- for any other liability that, under consumer protection or other law, may not be limited or excluded.
Subject to this, if you are a consumer and not a business customer, in no event shall we be liable to you for any business losses, and if you are a business customer, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer arising out of or in relation these Terms of Service or the Ayeva Service shall not, exceed the amount you have paid Ayeva or Ayeva has paid you in the last six (6) months.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Service that is caused by events outside our reasonable control.
Faulty Merchandise: If you are a consumer, once we accept your order for merchandise we are under a legal duty to supply products (including digital products) that are in conformity with these Terms of Service.
If any merchandise you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe any merchandise was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference.
Nothing in this section affects your legal rights.
Product information: While we have taken reasonable steps to depict Products as accurately as possible on the Site, the photographs and other images of Products featured on the Site are created and designed by the relevant sellers of such Products and the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.
ayeva.in (“we” and “us”) is the operator of (https://ayeva.in/) (“Website”). By
placing an order through this Website you will be agreeing to the terms below.
These are provided to ensure both parties are aware of and agree upon this
arrangement to mutually protect and set expectations on our service.
Subject to stock availability. We try to maintain accurate stock counts on our website but from time-to-time there may be a stock discrepancy and we will not be able to full fill all your items at time of purchase. In this instance, we will full fill the available products to you, and contact you about whether you would prefer to await restocking of the backordered item or if you would prefer for us to process a refund.
- Shipping Costs
Shipping costs are calculated during checkout based on weight, dimensions and destination of the items in the order. Payment for shipping will be collected with the purchase.
This price will be the final price for shipping cost to the customer.
- Delivery Terms
- Transit Time Domestically
In general, domestic shipments are in transit for 3 – 8 days
- Dispatch Time – Orders are usually dispatched within 3 business days of payment of order Our warehouse operates on Monday – Friday during standard business hours, except on national holidays at which time the warehouse will be closed. In these instances, we take steps to ensure shipment delays will be kept to a minimum
- Transit Time Domestically
- Items Out Of Stock – If an item is out of stock, we will dispatch the in-stock items immediately and send the remaining items once they return to stock.
- Delivery Time Exceeded – If delivery time has exceeded the forecasted time, please contact us so that we can conduct an investigation.
- Tracking Notifications
Upon dispatch, customers will receive a tracking link from which they will be able to follow the progress of their shipment based on the latest updates made available by the shipping provider.
- Parcels Damaged In Transit
If you find a parcel is damaged in-transit, if possible, please reject the
parcel from the courier and get in touch with our customer service. If the parcel has been delivered without you being present, please contact customer service.
- Duties & Taxes
GST will be applicable to the price of the goods as displayed on the website
Please understand this is a Print On Demand service. All the orders are printed upon confirmation of your order. Ayeva.in currently don’t offer order cancelation. If an order has already been dispatched, please refer to our refund policy.
Parcels are insured for loss and damage up to the value as stated by the courier.
- Process for parcel damaged in-transit We will process a refund or replacement as soon as the courier has completed their investigation into the claim.
- Process for parcel lost in-transit – We will process a refund or replacement as soon as the courier has conducted an investigation and deemed the parcel lost.
- Customer service
For all customer service enquiries, please email us at [email protected]
Acceptable use policy
Ayeva is a global, e-commerce company that allows people to create and sell custom merchandise. Products are printed and manufactured by using Quality facilities in INDIA. Ayeva handles everything from the distribution of the products to customer service. We offer various merchandise such as t-shirts, sweatshirts, Mugs, caps. Our aim is to make merchandise simplified and make anyone turn their ideas into brands, and successful businesses.
As a member of the community, it’s likely that you and your designs will engage with people all around the world who come from many different backgrounds and walks of life. While we strive to maintain a platform for freedom of expression and allow members to demonstrate their views, we also work hard to create a safe and respectful platform. Therefore, we have some limitations as to what we’ll allow to be expressed and sold on Ayeva.
Generally speaking, Ayeva reserves the right to delay, shorten, or terminate any campaign based on content concerns. We have provided the guidelines below to give you examples of the types of content that are likely to raise concerns and that may result in the termination of a campaign. If you have questions about this Acceptable Use Policy, You can reach out to us at [email protected] To note, this Acceptable Use Policy is part of the Ayeva Terms of Service, which provides the terms of your use of the Ayeva Service.
Hate Speech and Harassment
We do not allow campaigns that promote or glorify hatred toward people based on their age, race, ethnicity, national origin, gender, gender identity, sexual orientation, disability and religion, including people, organizations or symbols dedicated to hatred against these groups. Additionally, we will not allow campaigns including content that bullies, attacks or threatens specific individuals.
We do not allow pornographic content in any campaign, including explicit or extreme representations of nudity or sexual activity. Any exploitation or presentation of minors is strictly prohibited. Tasteful photographs, including non-pornographic and artistic photographs, and nude cartoons or fictional works of art are ok.
Violence or Harm
We do not allow content that promotes or glorifies harm or violence to individuals or others, including campaigns in support of self-harm, incitement to violent acts or harassment, or praise or reverence of terrorist groups or figures.
We do not allow content that promotes harmful misinformation or groups known to spread misinformation, including content known to lead to harassment or violence, impediment of civic engagement, or threats to the health and safety of the public.
Raising awareness or showing support for victims of violence or human tragedy is allowed, provided you don’t violate any intellectual property rights.
We do not allow content in any campaign (image, title, description or url) that is false or misleading. This includes misrepresenting your affiliation with any person or entity, presenting untrue information about the origin of production of a product, or falsely identifying an intended recipient of your campaign profits. You may not run campaigns for charities without proper authorization, and understand that you are required to accurately represent the percentage of proceeds and to whom they will be donated.
We do not allow campaigns that promote any illegal activity. This includes instructions on how to perform illegal acts or encouraging other forms of illegal activity. Political speech or discussions about topics or events that are illegal may be acceptable.
We do not allow campaigns that infringe upon the rights of any third party, including in the description, title and url of a campaign, or the text and images featured in the created merchandise.
Understanding Intellectual Property – The Basics
At Ayeva, we are very excited to support our Ayeva creators and to help them produce great custom products and a great experience for their buyers. In our efforts, we are also committed to protecting the rights of individuals and companies with respect to the content published on the Ayeva service.
Third party rights are based on a range of laws and legal standards that can be confusing. Those rights are each very different from the other and are often misunderstood. We have created this guide to provide very high-level information about certain types of legal rights and to help Ayeva creators understand what is permissible on the service.
We have described some key rights below (trademark, copyright and right of publicity). In reality, the legal analysis for each of these rights is much more detailed and complex than our summary below. Still, we hope the information below is useful and will provide some guidance for creation of permitted campaigns on the Ayeva service.
What is a trademark?
A trademark is a word or symbol that indicates the “origin of goods,” meaning it allows consumers to identify the company that is ultimately responsible for a particular product. It is also intended to tell consumers about the quality and desirability of the product itself, so consumers are hopefully more likely to buy it. When a consumer sees the “BMW” mark on a car, there is a lot they will assume about the engineering, comfort and enjoyment they will have driving the car. That connection between the trademark (“BMW”) and the perceived qualities of the product (luxury, power, engineering excellence) has a lot of value in the market. Companies invest a great deal of time and money in developing that association between their mark and the products, because it can have a significant impact on sales. Reputation and brand mean a lot. The value itself is something companies work hard to protect.
- What are trademark rights?
The concept behind trademark rights is that the owner of the mark has the legal right to stop people from trading off of the value of the company’s bran d and reputation. They can do so by stopping the use of any confusingly similar trademark. So if an unknown car company wants to use the mark “VMW” to identify their new car, BMW will be able to stop them from doing so based on the similarity of the marks themselves and the goods they are used to identify. Often trademark owners will also secure rights in other related goods that they want to sell – for example, t-shirts.
What does trademark mean for Ayeva creators?
Ayeva creators are not allowed to use third party trademarks unless they have permission. Ayeva conducts preventive reviews of all campaigns to help ensure third party rights are not violated.
Here are a few examples of products that feature trademarked material. These campaigns would be flagged during our review process and terminated. You can hover or tap on a design to learn why it is covered under trademark law.
What if the logo itself isn’t used?
The first example above shows a mark owned by Major League Baseball. As you would expect, all professional and college team logos are clearly protected by trademark. But the legal protection extends well beyond the team name and logos themselves. If a design shows a combination of elements that clearly indicate a particular team, then that design is considered infringing as well. For example, if a shirt that includes a baseball image, a reference to Boston and the colors used by the Red Sox team, the trademark owner would very likely have a claim for infringement.
What’s the best test to use?
As described in the preceding paragraph, courts have prohibited the use of various elements of a brand, even if the exact logo or name isn’t used. So the best way to think about when a design is problematic is whether the design is intended for fans of a particular product or organization.
- Copyright protection
Copyright has existed for hundreds of years (it even predates the US Constitution). The underlying idea is to give creators of certain works the right to control the reuse and distribution of that work (whether an exact copy or a modified version).
Copyright law says that a work has to be “original” to be protected. “Original” doesn’t mean innovative. “Original” in the legal sense means that the creator didn’t copy anyone else. Under copyright law, you are not entitled to use someone else’s work as a basis for your own. You have to originate your own works, creating them from scratch. For example, in one famous case, a photographer was found to have copied the photograph of another artist even though he used a different model and location. The details of the second photograph were so similar to the first (the look, layout and subject matter) that the court found copyright infringement.
Copyright is intended to strike a balance between freedom to be inspired and protection for those who create. For example, facts are not covered by copyright. Utilitarian works, such as instructions or recipes, are not covered. Everyone is free to use ideas and information. Copyright only extends to the unique expression of ideas, not the idea itself.
Copyright is not intended to limit sharing of ideas and does not cover the underlying idea itself. So the painter of a landscape can’t stop other people from painting landscapes. They can only stop other artists from using their specific painting as a basis for another work.
Though copyright does not cover ideas, to the extent the idea can be expressed in many different ways, each expression will be protected by copyright. But the components of expression, such as individual words and phrases or individual shapes and design elements, are not protected. The expression has to extend beyond the individual components. The simpler the design, the less protection provided by copyright.
- What does it mean for Ayeva creators?
Ayeva creators are not allowed to use third party copyrighted works unless they have permission.
Right of Publicity and Right of Privacy
- Right of publicity is very different than the legal rights provided by trademark and copyright and is a much simpler concept. Right of publicity is the right of famous people to control the commercial use of their name or likeness. So Taylor Swift has the right to decide whether her name or face will appear in a product advertisement.
Right of publicity is really a subset of the larger right of privacy that applies to all people. In the context of marketing and merchandise, that means each person is entitled to control the use of their name and image in a commercial context.
In keeping with right of publicity and privacy laws, Ayeva will not be able to print shirts that include the name or likeness of any individual, including celebrities, unless we are instructed otherwise by the individual or their agent.
Ayeva store policy
Ayeva Stores Terms and Conditions
These Store Terms and Conditions describe the expectations and obligations of a seller (“Creator” or “you”) that uses Ayeva’s branded Store offering (the “Store Service”) to market custom merchandise and apparel. These Store Terms and Conditions are additional terms under, and supplement, the Ayeva Terms of Service); if there is a conflict between these Store Terms and Conditions and the Terms of Service, the provisions of these Store Terms and Conditions control to the extent the conflict relates to the Store Services. For clarity, the Store Service is considered a Ayeva Service under the Terms of Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Terms of Service.
Through the Ayeva Store Service, a Creator has the opportunity to create their own branded store (“Store”) for use with Creator’s online presence (e.g., social media accounts) (“Creator Online Presence”) and, at Ayeva’s discretion, either: (1) Creator’s own web domain (“Creator Domain”); or (2) a custom Ayeva domain. In order to use the Store Service, you must already have a registered account and listing with Ayeva. Ayeva will enable you to design and customize store graphics and layout to comport with your branding. Ayeva will have sole discretion and control over the work performed under this Agreement and the manner in which such work is performed. Ayeva may utilize independent contractors to perform all or part of the Store Services.
Ayeva does not charge any additional fees for use of the Store Services. Ayeva may initiate or change fees for any feature of the Store Service if Ayeva gives you advance notice of changes before they apply. Ayeva, at its sole discretion, may make promotional offers with different features and different pricing to any Creators. These promotional offers, unless made to you, will not apply to your offer or this Agreement.
Licenses and Ownership
a. Store Services. Subject to your complete and ongoing compliance with this Agreement, Ayeva grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Store Service. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (i) make modifications to the Store Service without Ayeva’s consent; or (ii) interfere with or circumvent any feature of the Store Service, including any security or access control mechanism.
b. Ayeva Content. All works of authorship, inventions, discoveries, improvements, methods, processes, formulas, designs, templates, techniques, and information conceived, discovered, developed or otherwise made by Ayeva, solely or in collaboration with others, in the course of performing the Store Services or that reflect or contain Ayeva’s confidential information (“Ayeva Content”) will be the sole property of Ayeva.
c. Creator Content. In order to enable Ayeva to perform the Store Services, Ayeva needs the rights to use your name, logo, branding, and other marks, works, or content owned or controlled by you, including all intellectual property and publicity rights contained therein (“Creator Content”). You grant Ayeva (including any third party providers acting on our behalf) a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly display, publicly perform, distribute, and otherwise exploit Creator Content for the limited purposes of allowing Ayeva to provide, improve, and promote the Store Services. You represent and warrant that you own or are the licensee of all trademark rights, copyrights, rights of publicity and other intellectual property or other proprietary rights necessary to create and maintain the Store.
d. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Store Service (“Feedback”), then you hereby grant Ayeva an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Store Service and create other products and services.
a. Creator Domains and Accounts. If the Store is used on a Creator Domain, you are solely responsible for registering and maintaining the domain name, including all applicable fees. Ayeva will have no obligation to make your Store available or accessible due to your failure to maintain the Creator Domain. Ayeva, at its sole discretion, may refuse to provide the Store Services for use with a specific domain name for any reason. Please also review Ayeva’s Acceptable Use Policy. In addition, Ayeva is not responsible for the registration, maintenance, or use of any Creator Online Presence accounts or platforms that are used to display, promote, or link to the Store.
b. Creator Information. You agree to make available information and resources requested by Ayeva in timely manner. You agree to notify Ayeva if any information you have provided to us, or any relevant information about you, has changed.
c. Affiliations. We may allow you to display your affiliation with certain organization and associations relevant to your business. You agree that you will only choose those organization and associations with which: (i) you are actually affiliated; and (ii) you have permission to display on your Store. You must promptly remove any affiliations if no longer current.
e. Complaints. You agree to notify Ayeva if: (i) a visitor has notified you that they have a complaint with you or any products or services offered by you; or (ii) you have received notice of any complaint, investigation, fine or adverse action taken by a governmental or regulatory authority with respect to your products.
f. Indemnity. To the fullest extent permitted by law, you will defend and indemnify Ayeva and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use the Store Service and Store; (b) your violation of any portion of this Agreement, any representation, warranty, or agreement referenced in this Agreement, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
g. Release. If you have a dispute with one or more visitors to your Store or a dispute regarding Creator Content, or products, you hereby release Ayeva (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
b. Termination. Either party may terminate this Agreement upon 5 days’ notice to the other party. If you violate any provision of this Agreement, your authorization to access the Store Service and this Agreement will automatically terminate. Upon the termination of this Agreement: (a) your license rights will terminate and you must immediately cease all use of the Store Service; (b) you will no longer be authorized to access your account or the Store Service; and (c) Sections 4.d, 5.e, 5.f, 5.g, 6.a, 6.b, and 6.c will survive.
c. Independent Contractor. You acknowledge that there is no agency, partnership, joint venture or employee-employer relationship with Ayeva is intended or created by this Agreement or any relationship between us, that you have no power or authority to make any commitments on behalf of Ayeva, and that Ayeva has no power or authority to make any commitments on your behalf. You will be solely responsible for the supervision, direction and control, compensation, benefits and withholdings of all of your personnel.
d. Legal Compliance. You represent and warrant that: (i) you are located in the United States; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
e. Contact Information. If you have questions about this Agreement, please contact us by email at [email protected]