Storefronts Terms and Conditions
These Storefront Terms and Conditions describe the expectations and obligations of a seller (“Creator” or “you”) that uses Besteez’s branded Storefront offering (the “Storefront Service”) to market custom merchandise and apparel. These Storefront Terms and Conditions are additional terms under, and supplement, the Besteez Terms of Service; if there is a conflict between these Storefront Terms and Conditions and the Terms of Service, the provisions of these Storefront Terms and Conditions control to the extent the conflict relates to the Storefront Services. For clarity, the Storefront Service is considered a Besteez Service under the Terms of Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY CREATING AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE STOREFRONT SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE STOREFRONT SERVICE, YOU AGREE TO BE BOUND BY:
(1) THE FOLLOWING STOREFRONT TERMS AND CONDITIONS;
(2) BESTEEZ’ S TERMS OF SERVICE; AND
(3) BESTEEZ’S PRIVACY POLICY (TOGETHER, THE “AGREEMENT”).
IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE STOREFRONT SERVICE AS A CREATOR. YOUR USE OF THE STOREFRONT SERVICE AS A CREATOR, AND BESTEEZ’S PROVISION OF THE STOREFRONT SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY BESTEEZ AND BY YOU TO BE BOUND BY THIS AGREEMENT.
Capitalized Terms
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.
Storefront Service
Through the Besteez Storefront Service, a Creator has the opportunity to create their own branded storefront (“Storefront”) for use with Creator’s online presence (e.g., social media accounts) (“Creator Online Presence”) and, at Besteez’s discretion, (1) a custom Besteez domain. In order to use the Storefront Service, you must already have a registered account and listing with Besteez. Besteez will enable you to design and customize storefront graphics and layout to comport with your branding. Besteez will have sole discretion and control over the work performed under this Agreement and the manner in which such work is performed. Besteez may utilize independent contractors to perform all or part of the Storefront Services.
Fees
Besteez does not charge any additional fees for use of the Storefront Services. Besteez may initiate or change fees for any feature of the Storefront Service if Besteez gives you advance notice of changes before they apply. Besteez, 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. Storefront Services.
Subject to your complete and ongoing compliance with this Agreement, Besteez grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Storefront Service. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (i) make modifications to the Storefront Service without Besteez’s consent; or (ii) interfere with or circumvent any feature of the Storefront Service, including any security or access control mechanism.
B. Besteez Content.
All works of authorship, inventions, discoveries, improvements, methods, processes, formulas, designs, templates, techniques, and information conceived, discovered, developed or otherwise made by Besteez, solely or in collaboration with others, in the course of performing the Storefront Services or that reflect or contain Besteez’s confidential information (“Besteez Content”) will be the sole property of Besteez.
C. Creator Content.
In order to enable Besteez to perform the Storefront Services, Besteez 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 Besteez (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 Besteez to provide, improve, and promote the Storefront 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 Storefront.
D. Feedback.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Storefront Service (“Feedback”), then you hereby grant Besteez 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 Storefront Service and create other products and services.
Creator Obligations
A. Creator Domains and Accounts.
If the Storefront is used on a Creator Domain, you are solely responsible for registering and maintaining the domain name, including all applicable fees. Besteez will have no obligation to make your Storefront available or accessible due to your failure to maintain the Creator Domain. Besteez, at its sole discretion, may refuse to provide the Storefront Services for use with a specific domain name for any reason. Please also review Besteez’s Acceptable Use Policy. In addition, Besteez 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 Storefront.
B. Creator Information.
You agree to make available information and resources requested by Besteez in timely manner. You agree to notify Besteez 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 Storefront. You must promptly remove any affiliations if no longer current.
D. Policies.
If the Storefront is used on a Creator Domain, you are responsible for maintaining appropriate terms of use and a privacy policy on your Storefront site. Any template policies provided by Besteez are not legal advice, provided “AS IS”, without any warranty as to sufficiency, and are for reference and optional use only. You agree to include: (i) a provision in your terms releasing Besteez from any claims (including third party claims) related to your Storefront; and (ii) reference in your privacy policy to sharing information with third parties, including Besteez.
E. Complaints.
You agree to notify Besteez 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 an individual, company, governmental or regulatory authority with respect to your products.
F. Indemnity.
To the fullest extent permitted by law, you will defend and indemnify Besteez and its directors, employees, consultants, suppliers and agents from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with:
your use the Storefront Service and Storefront;
your violation of any portion of this Agreement, any representation, warranty, or agreement referenced in this Agreement, or any applicable law or regulation;
your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
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 Storefront or a dispute regarding Creator Content, or products, you hereby release Besteez (and our directors, suppliers, 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.
Miscellaneous
A. General Terms.
These Storefront Terms and Conditions, together with the Terms of Service and Privacy Policy and any other agreements or policies expressly incorporated by reference into this Agreement, are the entire and exclusive understanding and agreement between you and Besteez regarding your use of the Storefront Service as a Creator. Besteez may also provide notices to you of changes to this Agreement or other matters by displaying notices or links to notices generally on the Besteez Service or Storefront Service.
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 Storefront Service and this Agreement will automatically terminate. Upon the termination of this Agreement:
your license rights will terminate and you must immediately cease all use of the Storefront Service;
you will no longer be authorized to access your account or the Storefront Service.
C. Independent Contractor.
You acknowledge that there is no agency, partnership, joint venture or employee-employer relationship with Besteez 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 Besteez, and that Besteez 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:
you are located in South Africa; and
you are not listed on any South African 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]
