Terms & Conditions

TLDR; **Recently Updated, be sure to read things through!**

• DO NO EVIL: If you have to ask if it’s OK to use, it’s probably not. Be safe and create something that’s 100% yours.

• COLORS: While we do everything we can to match the colors of the original artwork, we work from photographs of the artwork and cannot guarantee an exact color match.

• MARKETING & PROMOTION: By creating one of our products, you’re giving us permission to use it in our marketing materials at our discretion, forever. We may share or use in our own advertising, but we are not obligated to share. Images from our social media pages may end up in ads without a photo release. Images we share on our social pages may be used by other media outlets without asking for permission. 

• NO RETURNS: Because these are custom designs and cannot be resold, we do not accept returns. If there is a concern or problem with your garment, please email us within 30 days of receiving your order. We are more than happy to help you out.

• GIFT CERTIFICATES: In accordance with NV state law, our gift certificates have an expiration date printed directly beneath the Magic Code and Value. If you have an expired gift certificate, please email us within 30 days of the expiration date, we are more than happy to help you out.

• If you do not agree with the Terms, do not proceed to access the Site or use the Services.

————–THE LONG FORMAL VERSION————-

PICTURE THIS TERMS & CONDITIONS

These terms and conditions, as modified from time to time, apply to your use of this website. We refer to the Picture This/Picture This Clothing website as “Picture This” “Picture This Clothing” “the Site” or sometimes, “the Services.”

Before you enter the Site or use any of the Services, it is important that you carefully review these Terms and Conditions (the “Terms”). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into the Terms.

By entering and using the Site, you agree to the Terms and that you are bound by and subject to them. In other words, these Terms are a binding legal agreement between you and Picture This Clothing in which you promise that you will use the Site only in a manner that is consistent with the Terms. If you have questions about the Terms, please contact us at hello@picturethisclothing.com. If you do not agree with the Terms, do not proceed to access the Site or use the Services.

I. Conduct
We are committed to ensuring that our Services remain a fun and safe place to be creative. To this end, we require that every user of the Services refrain from uploading, or otherwise using the Site to process “Prohibited Content.”
Generally, Prohibited Content includes (without limitation) any of the following:

a. Content we believe is abusive, deceptive (including content sent from an anonymous or false address), pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.

b. Copyrighted material that is used without the express permission of the owner.

c. Content or other material that contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code or any other content, which may compromise the Site.

d. Content that harms minors in any way. Picture This Clothing has the sole discretion to determine whether content is Prohibited Content, and any content submitted to the Services may be examined at any time. You acknowledge that although Picture This Clothing does not and will not examine and review all content submitted or transmitted to the Services, Picture This Clothing has the absolute right (but not the obligation) to review materials for any reason, at any time, without notice. In the event of a dispute pertaining to any content, Picture This Clothing may disclose content to parties to the dispute (including their agents and governmental authorities).

Notwithstanding the above, when you access the Site and/or use the Services, you acknowledge and agree that all content (whether private or public) that is submitted and stored on the Site is the sole responsibility of the person who submitted it. In other words, you are responsible for any content that you submit.

II. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Services, use of the Services, or access to the Services for any commercial purposes. This includes using elements of our website to reproduce your own version of the Service.

III. Copyright
: What You License to Picture This Clothing

For us to perform the Services, we need the rights to make use of the information and images you submit to the Site. Accordingly, as a condition to your use of the Site, you hereby grant Picture This Clothing a perpetual, universal, non-exclusive right to copy, display, modify, transmit, make derivative works of and distribute any content transmitted or provided to the Services by you. This includes the right to use your content in any form for the promotion, advertising, or marketing of Picture This Clothing or the Services. You remain the owner of all content that you submit to the Site and you represent and warrant to Picture This Clothing that you are the owner of the copyright to content you submit to the Site or that you have written permission from the copyright owner to submit such content. We do not sell your designs to others without your written consent and proof that you are the copyright holder.

By allowing Picture This Clothing to share images though their social media channels you understand and consent that your image may be used for their marketing or advertising purposes, without limitation. 

Copyright Protection for Content on the Site

All information, images, and content offered on or submitted to Picture This Clothing are protected by the U.S. and international copyright laws and by other laws. Picture This Clothing is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and we do not provide others with rights to your content (unless you give us permission to do so).  You may not copy or distribute material unless you are the copyright owner or have permission from the copyright owner, and you are solely responsible for any copyright violations you commit because of your activities, even if the violation is unintentional. Picture This Clothing has the absolute right to cancel your order, terminate your Picture This Clothing account, or exclude you from the Site if you use our Services to violate the intellectual property rights of third parties.

If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, Picture This Clothing has a process in place to respond to your concerns.

How to Contact Us About Copyright Infringement Claims (see CLAIMS section below, after section V.)

IV. Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PICTURE THIS (INCLUDING

ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST

ALL LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES,

RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT

(INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE

SERVICES USING YOUR ACCOUNT.

V. Termination

You agree and acknowledge that Picture This Clothing, in its sole discretion, may terminate your Picture This Clothing account or use of the Services, and remove and discard any content submitted to the Site, at any time, without notice, for any reason, including but not limited to:

a. Conduct violating these Terms or other policies or guidelines set forth by Picture This elsewhere on the Site;

b. Conduct that Picture This Clothing believes is harmful to other Picture This Clothing users, the business of Picture This Clothing, or other third party information providers.

c. Conduct that violates the spirit of these Terms.

Further, you agree that Picture This Clothing shall not be liable to you or any third-party for any termination of your access to the Services. We urge you to make personal copies of all content you submit to the Site. We are not responsible for providing archives or records of your orders, order history, or account history.

Copyright Infringement Claims

Picture This Clothing will take appropriate steps to protect the intellectual property rights of third parties if it receives notice in accordance with the provisions required by the Digital Millennium Copyright Act, as follows.

If you believe your copyright or the copyright of another has been infringed upon, please provide Picture This Copyright Agent with a written notice containing the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. A description of the copyrighted work that you claim has been infringed;

3. A description of where the material that you claim is infringing is located on the site;

4. Your address, telephone number, and email address;

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

6. A statement by you, made under penalty of perjury, that the above information in your

Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Address the above via email to:

jaimee@picturethisclothing.com

Subject: Picture This Clothing Copyright Agent

Gift Cards

The following terms under the “Gift Cards” heading relate to you as the purchaser or user of gift cards from the Site (“Gift Cards”).
IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT PURCHASE GIFT CARDS THROUGH THE SITE.

Purchasing and Redemption.
By purchasing Gift Cards on the Site, you certify and represent to Picture This Clothing that the activities in connection with which the Gift Cards will be used will comply with this Agreement and all applicable laws, rules, and regulations, and that the Gift Cards will not be used in any manner that is misleading, deceptive, unfair, or otherwise harmful to consumers or Picture This Clothing, including its investors, officers, employees, agents, servants, assignees, subsidiaries, or any other Picture This Clothing-related entity. An account is not required in order to purchase a Gift Card. If the Gift Card is purchased for an individual other than you, the recipient of the Gift Card shall be notified via email at the email address you provide during the purchase. In the event the recipient does not have an account at the time of receiving the email, they will be prompted to create an account in order to redeem the Gift Card.
An account is required in order to redeem a Gift Card.

The amount of the Gift Card you purchase shall be charged to you according to your selected payment option when you confirm the purchase of the Gift Card. If the purchase of a Gift Card is part of a promotional campaign wherein purchase of a Gift Card at a predetermined dollar amount is awarded with additional Site credits, these credits shall only be available for use after the total amount of Gift Cards has been exhausted. In all circumstances credits shall be used only after the exhaustion of Gift Cards. Personal information that you provide in connection with the purchase or redemption of Gift Cards will be governed by the Picture This Clothing Privacy Policy.

Gift Cards may only be redeemed toward the purchase of eligible products on the Site. Redemption of Gift Cards on the Site is subject to change at Picture This Clothing’s sole discretion. Purchases are deducted from the Gift Card balance. Any unused balance will be placed in the recipient’s Picture This Clothing account when redeemed. If an order exceeds the amount of the Gift Card, the balance must be paid with a credit card or other payment method accepted by Picture This Clothing. You may be able to obtain your gift card balance by contacting Picture This Clothing customer service at hello@picturethisclothing.com. The Gift Card balance relayed to you by a Picture This Clothing customer service agent is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase online, but there may be occasions when the updated balance is delayed for a period of time.
Our Gift Cards expire 5 years from the date of purchase.

Nev. Rev. Stat. §598.0921(3) “Gift Certificate” means an instrument or a record evidencing a promise by the seller or issuer of the instrument or record to provide goods or services to the holder of the gift certificate for the value shown in, upon or ascribed to the instrument or record and for which the value shown in, upon or ascribed to the instrument or record is decreased in an amount equal to the value of goods or services provided by the issuer or seller to the holder. The term includes, without limitation, a gift card, certificate or similar instrument.

Nev. Rev. Stat. §598.0921(1)(a) Expiration date, email address or toll-free phone number, to inquire regarding the balance and expiration date must be conspicuous. To inquire about a gift card balance, please contact us at hello@picturethisclothing.com

Use and Limitations.

Gift Cards cannot be used to purchase other gift cards. To the fullest extent of the law, Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account. Unused Gift Card balances in an account may not be transferred or refunded. Unless otherwise required by law, Gift Cards are not returnable or refundable for cash. To the fullest extent of the law, Gift Cards may not be sold or bartered to third parties. Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via Sites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain Picture This Clothing’s prior written approval. Use of Picture This Clothing’s name, logo, trade dress (including any image/likeness of the Gift Cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Picture This Clothing Gift Cards is strictly prohibited. Furthermore, the use of Picture This Clothing Gift Cards in any manner that states or implies that any person, Site, business, product, or service is endorsed or sponsored by, or otherwise affiliated with, Picture This Clothing, or any of its subsidiaries or affiliates is prohibited.

Risk of Loss.

If your Gift Card or Magic Code is lost or stolen, immediately contact customer service at hello@picturethisclothing.com. Your Gift Card will be cancelled and after an internal investigation, we will issue a new Gift Card with the remaining balance, if any. Lost or stolen Gift Cards cannot be replaced without the original confirmation email sent to the email account provided to Picture This Clothing. Picture This Clothing and its affiliates shall have no liability to you for: lost or stolen Gift Cards; Gift Cards emailed by you to the incorrect address; or use of any Gift Cards by third parties through your account that is not attributable to the negligence or misconduct of Picture This Clothing. You are responsible for keeping the username and password for your account safe and for any activity conducted under your account that is not attributable to the negligence or misconduct of Picture This Clothing. Notwithstanding the above, the risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission to the purchaser, recipient, or delivery to the carrier, whichever is first and/or applicable. The Gift Cards do expire, and we are not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission for reasons not attributable to the negligence or intentional or reckless misconduct of Picture This Clothing.

Fraud.

If your Gift Card is lost or stolen, immediately contact customer service at hello@picturethisclothing.com. Your Gift Card will be canceled and after an internal investigation, we will issue a new Gift Card with the remaining balance, if any. Lost or stolen Gift Cards cannot be replaced without the original confirmation email sent to the email account provided to Picture This Clothing. Picture This Clothing and its affiliates shall have no liability to you for: lost or stolen Gift Cards; Gift Cards emailed by you to the incorrect address; or use of any Gift Cards by third parties through your account that is not attributable to the negligence or misconduct of Picture This Clothing. You are responsible for keeping the username and password for your account safe and for any activity conducted under your account that is not attributable to the negligence or misconduct of Picture This Clothing. Notwithstanding the above, the risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission to the purchaser, recipient, or delivery to the carrier, whichever is first and/or applicable. The Gift Cards may expire, and we are not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission for reasons not attributable to the negligence or intentional or reckless misconduct of Picture This Clothing.

Issuer.
Gift Cards are issued by Picture This Clothing, LLC, an NV corporation.

By Creating a “Design your own non-medical cloth face covering” you understand and accept the following:

**Not recommended for ages 3 or under.**

Picture This Clothing face covers are not medical-grade.  

While our multifunctional face covers (gaiters) cover the entire front of the face (nose, mouth, chin, and neck), we make no claims of, and they are not scientifically proven by the Center for Disease Control (CDC) and the World Health Organization (WHO) to prevent you from: (1) contracting a virus/disease/illness or (2) passing a virus/disease/illness to someone else.

CDC recommends wearing cloth face coverings in public settings where other social distancing measures are difficult to maintain (e.g., grocery stores and pharmacies), especially in areas of significant community-based transmission.

CDC also advises the use of simple cloth face coverings to slow the spread of the virus and help people who may have the virus and do not know it from transmitting it to others. 

We encourage wearers of our face covers not to circumvent the proper safety protocols of social distancing, quarantining, etc. suggested by the CDC.

***UPDATE: APRIL 6, 2020***

We received legal confirmation today from The Las Vegas Business License Department that Picture This Clothing, being a 100% internet based business, is allowed (for now) to stay open.
Ken, Wilson and Jaimee are back in the shop now, operating with strict health and safety guidelines. 
Your orders are moving through production in the order that they were received. Items will begin shipping again on Wednesday, April 8th.

We are humbled and grateful that we are able to continue serving you
with care and safety.

🙏🥰🙏

—-Overseas Shipments: Outside the USA—-

As of April 3, 2020, USPS has temporarily suspended all international mail services, except GXG® service, to several countries that can no longer accept incoming shipments. See the list of countries with mail acceptance issues and other service alerts related to coronavirus.

***March 20, 2020***

In very recent news, the Governor of the State of Nevada issued a mandatory shutdown of all non-essential businesses through April 16, 2020 (more here). Companies that violate this mandate risk criminal charges and revoking of their business license. While this news brings a lot of hardship to so many, we know that we are all in this together and we will do all we can to help flatten the curve. 

🌟🌟🌟

We are optimistic that we will be able to pick up on April 17 right where we left off!

We will continue accepting and processing orders with a 30-day shipping window instead of our normal 10-day shipping window. Gift certificates also remain available.

🌟🌟🌟

What This Means For Our Customers: 

If you placed an order on or since March 18th your order will be delayed by approximately 30 days. Your order will be printed, hand-cut and sewn in the order received starting on April 17.

🥰🙏🥰
We are more than grateful for your patience if you are willing to wait this out with us, we want more than anything to continue bringing these amazing designs to life. 
Please keep an eye out for emails from us, if we have any challenges with processing your images we can work with you during this outage to get great retakes.

We will be back in our shop on April 17 to move forward the queue of open orders.

If you prefer to cancel your order for a full refund, we absolutely understand and we are here to help. 
Please email us with your order number at hello@picturethisclothing.com

💜🧡💙
We encourage you to stay connected with us through Facebook or Instagram for live Q&A sessions, ideas and tutorials for kids at home during quarantine, and a daily source for smiles!

💖💖💖

We aim to continue providing a source of smiles, positivity, and compassion through these unpredictable times. And we hope that being creative together can help us all stay connected as strong, amazing human beings. 🥰🦄🤗

If I can offer any additional answers to your questions, please do not hesitate to reach out: hello@picturethisclothing.com 

With Utmost Care,

Jaimee Newberry
Co-founder, CEO, Mom of 2
picturethisclothing.comz

If you are a copyright owner or an agent thereof and believe that any content available on the Picture This Clothing website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Designer Store Partner Terms and Conditions

Effective from May 01, 2020

**Be Advised**
The Picture This Clothing Designer Stores program is a Beta program and may be discontinued at anytime, without notice.

These terms and conditions, as modified from time to time, apply to your use of this website. We refer to the Picture This/Picture This Clothing website as “Picture This” “Picture This Clothing” “the Site” or sometimes, “the Services.”

We refer to the account holder as “Partner” “the Partner” or sometimes, “the Account Holder”.

We refer to the Designer Stores as “the store” “stores” or sometimes, “Designer Stores”.

We refer to the Designer Stores Marketplace (a collection of multiple stores)  as “the marketplace” “marketplace” “market” or sometimes, “conglomerate marketplace”.

Before you enter the Site or use any of the Services, it is important that you carefully review these Terms and Conditions (the “Terms”). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into the Terms.

By entering and using the Site, you agree to the Terms and that you are bound by and subject to them. In other words, these Terms are a binding legal agreement between you and Picture This Clothing in which you promise that you will use the Site only in a manner that is consistent with the Terms. If you have questions about the Terms, please contact us at hello@picturethisclothing.com. If you do not agree with the Terms, do not proceed to access the Site or use the Services.

1. Partners and Picture This Clothing in General

(a) The General Terms and Conditions of Picture This Clothing, Inc. are incorporated to this agreement by reference.

(b) This agreement governs the establishment, on-going operation, promotion, and maintenance of an online, custom merchandise interface (“store”) and the use of Picture This Clothing’s online design marketplace or Designer Stores (“marketplace”) whereby the user (the “Partner”) may create or market designs or products for the sale of unique designs they’ve created and purchased previously on PictureThisClothing.com, using the site, service, and stores provided by Picture This Clothing, LLC. (“Picture This Clothing”).

(c) The Partner may use the built-in customer account feature “My Store” to set up their own Designer Store. The (“store”) will feature static products that the Partner selects from items previously purchased at Picture This Clothing’s online store, and which end customers cannot further customize. Picture This Clothing’s marketplace allows customers to browse designs submitted by many Partners, but which customers cannot customize. The resulting goods are printed Picture This Clothing products, and for the completed sales of these, the Partner receives a commission according to the terms of Section 5 of this agreement.

(d) Picture This Clothing may change these terms from time to time. If Picture This Clothing makes changes to these terms, you will be notified and asked to accept the new terms as a condition of continuing to use Picture This Clothing’s site and service. If you disagree with any amendments, you must stop using Picture This Clothing’s site and service. The stores may be discontinued at any time.

(e) This agreement’s terms apply retroactively to all Submitted Content that the Partner submitted to Picture This Clothing’s site and service prior to this agreement’s effective date.

2. Use of Submitted Content

(a) The Partner hereby permits Picture This Clothing to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, sell, and distribute any and all Submitted Content and designs (including associated information such as hem details and artwork signatures) that the Partner submits, posts or displays on or through a store or the site and service. The Partner expressly consents that Picture This Clothing may distribute Submitted Content in its own stores and the marketplace of Picture This Clothing’s website and social media accounts (including but not limited to Facebook, Instagram, Pinterest, Twitter, etc.) and that the Partner’s sole means of compensation therefor is a commission according to Section 5 below. The Partner acknowledges that external marketplace distribution may place additional restrictions on pricing, advertising, intellectual property rights, and other matters, subject to the terms and conditions of those third-party distribution channels.

(b) Picture This Clothing may use, but is not obligated to use, the Partner’s Submitted Content for advertising purposes in any and all media now existing or later arising, including for up to six months after the termination of this agreement if these advertisements already existed or were in development before the Partner terminated this agreement. When reasonably possible, Picture This Clothing will link all such depictions to the Partner’s store.

(c) Title to intellectual property rights (for example, trademark, copyright, privacy rights, publicity rights, common law, etc.) to a print design provided by the Partner remain with the Partner.

(d) The Partner may terminate this agreement by removing Featured Content from their store’s public view via the Partner Account, or by terminating this agreement according to its terms, and/or by deleting their account. If either party terminates this agreement, any products that have already been ordered prior to termination and that would be affected by such a termination will continue to be fulfilled. Due to technical and practical limitations, Submitted Content may remain on Picture This Clothing’s site and service for several days following removal or termination, and if Submitted Content is being used by other Picture This Clothing Partners, removal may be delayed for up to two weeks to allow those Partners to make other arrangements for the soon-to-be missing content.

(e) Nothing in this agreement is to be construed to impose a duty upon Picture This Clothing to use or exploit Submitted Content in any way. Picture This Clothing may remove Submitted Content, stores or parts thereof, or any other functionality of the site and service at any time in its sole discretion for any reason or no reason, with or without notice to the Partner, and Picture This Clothing is not liable to the Partner for such acts or their consequences, even if foreseeable and even if Picture This Clothing is specifically advised of them in advance.

3. Submitted Content Rules

(a) The Partner 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 Picture This Clothing interface, to a store, marketplace, or products (collectively “Submitted Content”).

(b) The Partner guarantees that the Submitted Content was either created by the Partner or that the Partner is otherwise the owner or authorized licensee of all necessary rights in and to the Submitted Content (for example, trademark, copyright, privacy rights, publicity rights, common law, etc.), necessary to effect the intent of this agreement. Picture This Clothing may demand written evidence of such authorization at any time.

(c) The Partner guarantees that, to the best of the Partner’s knowledge, no Submitted Content infringes the rights of any third parties (for example, trademark, copyright, privacy rights, publicity rights, common law, etc.). The Partner, not Picture This Clothing, is responsible for the content of their designs. Picture This Clothing is not capable of or responsible for reviewing, validating, or verifying content for rights infringement.

(d) The Partner guarantees that the Submitted Content does not violate any state or federal laws, especially laws regarding the protection of minors.

(e) If the Partner violates any agreement with Picture This Clothing, violates Picture This Clothing’s Community Guidelines (in Picture This Clothing’s sole discretion), or if third parties claim that Submitted Content infringes their rights, Picture This Clothing reserves the right to remove or modify the store or Submitted Content to address the problem; to share the Partner’s contact information with the complaining third party; to limit quantities sold; to withhold commissions from the Partner who uploaded the Submitted Content until the claim is resolved; and to use such commissions to offset the costs of the violation or claim for infringement in Picture This Clothing’s sole discretion.

(f) If Picture This Clothing believes, in its sole discretion, that Submitted Content is wrongfully used, obviously misappropriated, or likely to create any risk for Picture This Clothing, then Picture This Clothing reserves the right to remove, limit, or modify the Submitted Content or service provided to the Partner to address the perceived risk.

(g) The Partner must immediately inform Picture This Clothing in writing if the Partner receives claims alleging that its Submitted Content infringes third-party rights.

4. Contact and Other Information

Picture This Clothing may require the Partner to provide certain information via the Partner Account (for example, name, mailing address, email address, payment information, etc.). Failure to provide complete, accurate, and up-to-date information in the Partner Account may result in the store or other Submitted Content not being published for end customers, the stopping of orders, and potentially the immediate cancelation of the store or other Submitted Content and the withholding of any existing commissions until complete, accurate, and up-to-date information is provided.

5. Payment of the Partner

(a) The Partner may receive a commission for sales of Picture This Clothing products connected with the Partner’s account. Commissions are at a set rate determined by Picture This Clothing:

(i) If the Partner includes designs in a store, the price for each design is automatically set by the Picture This Clothing system. The current commission is 10% of the total sale price for each respective item, after any applied discounts and excluding shipping costs..

(ii) If Picture This Clothing makes other commission systems available later, these commission systems will continue to be governed by this agreement and may be supplemented with information found on Picture This Clothing’s website.

(b) The Partner acknowledges that commissions are only credited to the Partner’s account 30 days after both (1) payment for the order is received and (2) the order is shipped and marked delivered. Orders leaving the United States may take longer than 30 days, commissions cannot be paid out until the parcel is marked delivered, and no returns have been made. The Partner receives no credited commission, or may have a credit commission removed or offset in a later payment period, if (1) the end customer cancels the order, requests a refund within Picture This Clothing’s return policies, or requests a replacement; (2) the customer’s payment method fails; or (3) there is a chargeback or charge dispute.

(c) Picture This Clothing will pay the Partner the owed commissions monthly according to the timing, account minimum, and other commission payment guidelines found on Picture This Clothing’s website. The commission is paid in US Dollars. If the exchange rate of the US Dollar changes relative to other supported currencies (according to exchange rates published by the Federal Reserve), Picture This Clothing may, in its sole discretion, adjust the account minimum required for payment effective upon notice to the Partner. Depending on the payment methods the Partner chooses, certain processing fees may apply (for example, PayPal fees). If the Partner closes its account carrying less than the minimum payout balance, that remaining amount will be paid within six months after the cancellation of all agreements between Picture This Clothing and the Partner, as long as no new agreement is made by Picture This Clothing and the Partner within this period.

(d)  The Partner is responsible for providing Picture This Clothing with its current, valid payment details, including a valid United States tax identification number, its full name as shown on the Partner’s income tax return, and any other information Picture This Clothing requests (and which information matches information on file with the IRS). The Partner is solely liable for any consequences of providing incorrect and out-of-date information. Picture This Clothing has the option in its sole discretion to withhold payment of commissions until the information described in this paragraph is provided, or to withhold a portion of earned commissions necessary to comply with applicable tax laws (for example, IRS backup withholding rules). Depending upon applicable law, Partners who lack United States taxpayer identification numbers may be able to present documentation to remove the tax withholding from their payments, or to secure payment of commissions again, but Picture This Clothing does not guarantee that this option will be available to any Partner.

(e) The Partner acknowledges that Picture This Clothing may file certain documents with the IRS in order to comply with applicable law (for example, a form 1099 reporting the income of the Partner from earned commissions). However, the Partner agrees that Picture This Clothing is not liable for the consequences of any such filing; is in no way responsible for collecting, reporting, or remitting any taxes arising from or relating to the Partner’s own income relating to these commissions; and that Picture This Clothing has no duty to maintain records for the Partner’s benefit, including for the Partner’s tax purposes.

(f) If the Partner fails to provide valid information described in paragraph 5(d) above, and does not respond to requests for valid information within a one-year period starting from the first message sent by Picture This Clothing asking for valid information, then the Partner waives all rights and claims to unpaid commissions remaining in its account.

6. Volume Commission

At this time there is no Volume Commission or volume program available. This may be updated from time-to-time. Picture This Clothing may work out exceptions to volume sales and commissions on a “by approval” or “by invitation” basis.

7. Use of the Store by the Partner

(a) Picture This Clothing makes a white-label store site available to the Partner (for example, via a PictureThisClothing.com URL), but the Partner may publish or embed the store on its own website. In that case, the store is published via an electronic reference (“link”) provided by Picture This Clothing, which the Partner embeds in his website and which refers to its store. The Partner must use the link and website generated by Picture This Clothing without any changes. In particular, the Partner may not change Picture This Clothing’s advertisements, branding, terms and conditions, or other similar content.

(b) The Partner agrees that it does not have and will not earn, through use of the site and service, any ownership, interest, or other rights in Picture This Clothing, or in the URLs provided by Picture This Clothing, any designs or interfaces implemented by Picture This Clothing which the Partner uses or requests, or any rank or placement on search results generally (for example, as a result of search-engine optimization efforts by the Partner).

8. Contractual Relationships, Service, & Order restrictions

(a) Customers purchasing products are customers of Picture This Clothing. This relationship between customers and Picture This Clothing is independent of any possible relationships and contracts between the Partner and the customer who may visit other websites of the Partner. Thus, all customer orders, customer service, and related matters are governed solely by the rules, guidelines, and business practices of Picture This Clothing.

(b) Picture This Clothing is responsible for all processing and execution of orders. To that end, Picture This Clothing creates order forms, books payments, processes cancellations and returns, and is solely responsible for customer service.

(c) Picture This Clothing may reject any orders which do not meet its requirements, and may reject orders from customers who are known for not being credit-worthy or show as being a credit risk.

9. Picture This Clothing’s Right to Change Services

Picture This Clothing may change the Store Administration system, store offerings, product offerings, guidelines, base product prices, general pricing, availability, business operations, and order processing at any time.

10. Sales Reports

Picture This Clothing facilitates all sales made in customer stores and provides the Partner with a summary of its sales statistics within the partner’s account panel. Picture This Clothing may modify the form and content of this information at any time in its sole discretion. 

11. Term and Termination

This agreement continues indefinitely until it is terminated by either party. Partners may terminate by deactivating their stores or accounts in the Partner Account provided online by Picture This Clothing. Picture This Clothing may terminate this agreement effective immediately if the Partner violates any term, or the spirit of any term, of this agreement and may also terminate at any time, for any reason or no reason, effective immediately, by notifying the Partner via the email address provided in the Partner Account. Sections 3, 6(b), 5, 7, 8, and 10 survive termination of this agreement in perpetuity.

Picture This Clothing is a self-expression global e-commerce company. Our two approaches – design-your-own and customer stores – provide limitless opportunity for on-person self-expression.

We empower our community of customers and designers to express themselves in creating, discovering and selling clothing with messages they want the world to hear. This also means that you might find certain messages controversial, while others do not.

Of course, there are standards that we set for our community and we remove designs and/or customer stores that come to our attention when we find them to be:

1. Illegal
2. Hate speech
3. Inciting violence
4. Graphic sexual content

Any products, designs or customer stores that fall into the above categories will be removed at Picture This Clothing’s discretion. In order to balance the needs, safety and interests of a diverse customer and partner base, we may also remove certain kinds of sensitive content or limit its visibility.

In some cases, the context of a message is key for understanding. We encourage our community to be mindful of this and report designs which you think violate our Community Standards. We take each report of a design, product or shop seriously; we research the case thoroughly and consult experts if necessary before taking appropriate action.

1.Illegal

We are of course bound by the laws in the countries we are active in. Reported designs, products and customer stores that violate the law will be removed. We may also restrict the display and visibility of certain content at our sole discretion.

2. Hate Speech

We remove designs and/or customer stores that come to our attention when we find them to have content that directly attacks people based on their:

• Race
• Ethnicity
• National origin
• Sexual orientation
• Sex, gender, or gender identity, or
• Serious disabilities or diseases

Organizations and individuals dedicated to attacking and promoting hatred against these groups should not find a home with Picture This Clothing. As with all of our Community Standards, we do our best but we rely on your help to report this content to us.

We may however allow satire or social commentary related to these topics when that context is clear.

People can use Picture This Clothing to challenge ideas, institutions or practices by expressing this on products. This helps promoting debate and greater understanding.

Sometimes people might create, buy, or sell content referencing someone else’s hate speech for the purpose of raising awareness or educating others about that hate speech. When this is the case, we expect the designer to clearly indicate their purpose, which helps us better understand the context. We may also restrict the display and visibility of certain content at our sole discretion.

3. Violent Content

Picture This Clothing removes content that comes to our attention which incites violence or is offensive, defamatory or threatening to victims of attacks, catastrophes or crimes.

In some cases, when people create, buy or sell content referencing violence, they are condemning it or raising awareness about it and we may allow that content on Picture This Clothing. We will remove graphic and violent content when we find it to celebrate or glorify violence. We may also restrict the display and visibility of certain content at our sole discretion.

4. Graphic Sexual Content

Picture This Clothing will remove content that comes to our attention when we find that it contains graphic sexual content, pornography and/or obscenity, especially in regard to minors. We may also restrict the display and visibility of certain sexual content at our sole discretion

Commission payments are offered in your choice of either store credit or cash via PayPal.

Your balance will be credited to your account, you are responsible for having an active PayPal account. If we pay a PayPal account through the email address you’ve provided us with and the payment is returned due to an inactive PayPal account or is submitted to an incorrect email address/account, that commission payment will no longer be available to you.

Sales commission for purchases made using a Gift Certificate code are only available as Store Credit.
Sales made through your Designer Store take a minimum of 30 days to clear within our system. Once the sale has cleared, commission payments are made between the first and tenth day of each month. We can only make payments to those affiliates who have completed both:
• Accepted the terms & conditions
• Selected a payment method

Cancelled or returned orders will not receive a commission payment.

PayPal allows us to transfer in any currency, though all payments are made in US Dollars. If you have specified a PayPal account, translation to another currency happens on the PayPal side. Any applicable fees will be deducted from commission payments. 

Picture This Clothing pays commission payments through store credit or via PayPal.

Commissions earned at Picture This Clothing via PayPal must be declared as income. Please consult your tax advisor or the IRS website for more information on how to declare your commission earnings.

All US payment processors, including PayPal, are required by the Internal Revenue Service(IRS) to provide information to the IRS about customers who receive payments or commission for the sale of goods or services through PayPal. Form 1099-K and B-Notice are tax forms which are applicable to holders of accounts both within and outside the United States since it pertains to income reporting for US persons/entities.

FATCA affects account holders that are outside the United States, and it requires PayPal to collect tax documents or certifications from account holders stating whether they are US persons. This includes, but is not limited to, business entities, and some individuals that open accounts outside the United States.

You can find more tax related information on the PayPal IRS tax website.

**UPDATED May 30, 2020*
The Picture This Clothing Affiliate Program was discontinued as of April 30, 2020. 
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**UPDATED March 30, 2020*
The Picture This Clothing Affiliate Program is a Beta program and will be discontinued as of April 30, 2020. 
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As an authorized affiliate, referrer, or fundraising entity (Affiliate) of Picture This Clothing, LLC (the Company), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting Picture This Clothing as an Affiliate.

Your participation in the Program is solely to legally advertise our website to receive a commission on products purchased by individuals referred to Picture This Clothing by your own website or personal referrals and use of your affiliate code.

By participating in the Picture This Clothing Affiliate Program (the Program), you indicate your acceptance of this Agreement and its terms and conditions.

1. Approval or Rejection of the Affiliate

We reserve the right to approve or reject ANY Affiliate from our program at our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate code, status, account, or commission. Violations of these Terms may result in the forfeiture of all Commission previously earned through the program.

2. Qualifying Referrals

Active Picture This Clothing customers can earn Commission in the following ways:

A referred friend must make a purchase through the active customer’s unique Affiliate referral link or using an Affiliate code.

The referred friend must successfully complete an order totaling $49.00 USD (1 product) or more.

If your friend does not click on the personal referral link in their invite email or any other invite mechanism, or enter your referral code manually in the Magic Code field during checkout, you may not receive Commission and we will have no liability to you because there is no discernible way to identify that the purchase resulted from your referral. We are not able to apply affiliate codes, affiliate discounts, or commissions retroactively to an order that has already been completed.

No Spam
Active Picture This Clothing customers should only distribute their personal referral links via email using the Picture This Clothing email referral tool hosted at www.picturethisclothing.com. Emails must be created and distributed in a personal manner and bulk email distribution is prohibited. Any distribution of your referral link that could constitute unsolicited commercial or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Picture This Clothing’s Affiliate Program. 

Purchases from Picture This Clothing made through affiliate links that were distributed through an unauthorized email channel will not result in qualified Affiliate credit and, if discovered, any Commission issued in connection with such transactions may be revoked.

Sharing Affiliate Links
Affiliate referrals should strictly be used for personal purposes and shared with personal connections. Personal links should not be distributed to commercial websites (such as coupon websites, etc). We reserve the right to revoke or refuse to issue any Commission for qualified Affiliate referrals that we suspect were generate through improper channels.

3. Commission & Payment

Our current Commission rate is 10% of the total sale price we receive from your Affiliate referral. Your Affiliate code also provides 10% off for the customer using the code. If a customer uses your code to purchase one item for $49.00 USD, they will receive 10% off ($44.10 USD), and you will receive a 10% commission of the sale price ($4.41 USD) as Store Credit or as cash via PayPal (US dollars minus PayPal transaction fees.) Commission does not include a percentage of shipping fees. We reserve the right to change the commission rate at our sole discretion any time, for any reason, or for no reason. Commissions can only be given if you have completed BOTH through your affiliate panel within your Picture This Clothing account:
• Accepted our Affiliate program Terms & Conditions
• Selected a payment method (Store Credit or PayPal)

Commission payouts can be received in one of two ways:

1. Store Credit

Commissions are payable by default as Picture This Clothing Store Credits issued as a percentage of their Affiliate referral’s purchase cart total excluding shipping unless explicitly noted otherwise in an offer. Store Credits have no cash value, can only be redeemed for Picture This Clothing merchandise, and may be subject to expiration dates or other restrictions at our sole discretion. Store credits cannot, under any circumstances, be redeemed for cash or any cash equivalent including but not limited to refunds. Store Credits are not transferable and may not be auctioned, traded, bartered or sold, but may be used toward the purchase of Gift Certificates.

2. Cash via PayPal

Commission payments via PayPal (US dollars, minus PayPal transaction fees) can be opted for instead of Store Credit in your Affiliate dashboard under your Picture This Clothing account. Affiliates are responsible for having their own PayPal accounts and are responsible for any fees and/or taxes due as a result of any Affiliate commission payout.

Payment

Payments due from sales that used your Affiliate code will be documented in your Picture This Clothing account under the “Affiliate” dashboard. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 60 days. Orders will be verified as delivered, non-returned, and non-refunded before paid. Commission payments may take 30-45 days to become verified and active. Once active, payments are made between the first and tenth day of each month.

You can use your own Affiliate referral code, and you can receive a commission on your own purchases. The reason for this is to support the needs of group orders and fundraising. There is currently no limit to the amount of times your referral code can be used by someone or by yourself. Orders must be verified as non-returned and non-refunded before commission payments will be disbursed.

Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks, bank disputes, cancellations, or refunds will not be paid out. In the instance your account is identified at our sole discretion as suspicious of abuse, chargebacks, bank disputes, cancellations, refunds or any activity deemed misaligned with any of our Terms of Use, your account may be suspended or terminated.

As an active Affiliate, you are responsible for any and all tax liability and income reporting resulting from the Affiliate Program.

4. Termination

Your affiliate code(s) and status in the Program may be suspended or terminated for any of the following reasons:

Inappropriate advertisements (false claims, misleading hyperlinks, etc.).

Self-submission of your code to coupon websites or mass-discount-code websites.

Spamming (mass email, mass newsgroup posting, etc.).

Advertising on sites containing or promoting illegal activities or content we reserve the right to deem “unfit”.

Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.

Violation of intellectual property rights. 

Picture This Clothing reserves the right to require license agreements from those who employ trademarks of Picture This Clothing in order to protect our intellectual property rights.

Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with Picture This Clothing, however, is acceptable.

Self-referrals, fraudulent transactions, suspected Affiliate fraud.

Suspected mis-use or abuse of the Affiliate Program.

Picture This Clothing reserves the right to close the account(s) of any active customers and/or Affiliate-referred friend and to cancel all related Commission and request for payment if we determine in our sole discretion that the active customer and/or referred friend has tampered with the Picture This Clothing Affiliate Program or used or attempted to use the program in an abusive, unethical, unsportsmanlike or otherwise questionable or suspicious manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.

Additionally, Picture This Clothing reserves the right to cancel the Affiliate Program or change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.

5. Affiliate Links

You may use graphic and text links both on your website and within in your email messages. You may also advertise the Picture This Clothing site in online and offline classified ads, magazines, and newspapers.

You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in this agreement or the Picture This Clothing Terms of Use.

6. Coupons, Promos, and Deal Sites

Picture This Clothing occasionally offers coupon to select affiliates and to our newsletter subscribers from time to time. Our coupon codes or promotions may override or offer a greater value to customers than the value of your Affiliate code. Affiliate codes cannot be combined with any other offers or promotions.

Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:

Affiliates may not bid on Picture This Clothing Coupons, Picture This Clothing Discounts or other phrases implying coupons are available.

Affiliates may not bid on Picture This Clothing Coupons, Picture This Clothing Discounts or other phrases implying coupons are available.

Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.

User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).

Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.

7. Pay Per Click (PPC) Policy

PPC bidding is NOT allowed without prior written permission.

8. Liability

Picture This Clothing will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).

We do not make any expressed or implied warranties with respect to the Affiliate Program and/or the accounts created, or products sold by Picture This Clothing. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.

As an active Affiliate, you are responsible for any and all tax liability and income reporting resulting from the Affiliate Program.

9. Term of the Agreement

The term of this Agreement begins upon your acceptance of the Affiliate Program and will end when your Affiliate account is terminated.

The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your account or discontinue use of your Affiliate code(s). Your continuing participation in the Program will constitute your acceptance of any change.

10. Indemnification

Affiliate shall indemnify and hold harmless Picture This Clothing and any of its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Picture This Clothing to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.

As an active Affiliate, you are responsible for any and all tax liability and income reporting resulting from the Affiliate Program.

11. Governing Law, Jurisdiction, and Attorney Fees

This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Nevada. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Clark County within the City of Las Vegas, Nevada.

In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.

12. Electronic Signatures Effective

The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Picture This Clothing Affiliate Program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by checking the “I agree to the terms of service” checkbox in your Affiliate dashboard within your Picture This Clothing account. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.