Terms of Service

The following terms and conditions (the "Agreement") govern all use of the tinymerch.com website (the "Site") and the services available on or at the Site (taken together with the Site, the "Service"). The Service is owned and operated by TinyMerch Inc. ("TinyMerch"). The Service is offered subject to your (the "User") acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by TinyMerch – including, without limitation, Shipping, Return Policy, Privacy Policy and others. If you do not agree this Agreement, do not use the Site.

TinyMerch is a software-as-a-service company for business who wants to outsource the storefront and printing/fulfillment integration of selling branding merch. TinyMerch sells ("Products") directly to your customers ("Customers").

Access & Membership

In order to enjoy all the benefits of TinyMerch, the User must register and become a member ("Member"). Membership requires that the User registers on the Site (including by filling-out all required personal information). To complete registration, the User shall provide an email address and a password. The User may never use another's TinyMerch account without permission from that user. The User is solely responsible for the activity that occurs on User’s account, and User must keep its account password secure. The User must notify TinyMerch immediately of any breach of security or unauthorized use of its account. Although TinyMerch will not be liable for the User’s losses caused by any unauthorized use of its account, User may be liable for the losses of TinyMerch or others due to such unauthorized use.

TinyMerch may change, suspend or discontinue the Services, Products, fees, charges, terms at any time, including the availability of any feature, or content. TinyMerch may also impose limits on certain features and Services or restrict User's access to parts or all of the Services without notice or liability. The User certifies to TinyMerch that if User is an individual (i.e., not a corporation) the User is at least 18 years of age. The User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.

Content

Your Content on Our Services

Content that you post using our Services is your content (so let’s refer to it as “Your Content” from this point on). We don’t make any claim(s) to it. That includes anything you post using our Services (like your images, shop name, your customer reviews, comments, videos, usernames, etc.).

Responsibility for Your Content.

You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it or using it on your products sold, manufactured, or warehoused by TinyMerch Inc.

Permission to Use Your Content.

By using our services TinyMerch agrees that your content will remain yours. This means that we will never use your content without your expressed permission. Expressed consent is defined by TinyMerch Inc. as any form of written request to not use content.

Rights You Grant TinyMerch.

By approving the posting Your Content, you grant TinyMerch Inc. a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote TinyMerch Inc. your TinyMerch Inc. store, or the Services in general, in any formats and through any channels, including across any TinyMerch Inc. Services or third-party website or advertising medium.

Reporting Unauthorized Content.

TinyMerch Inc. respects intellectual property rights and follows intellectual property laws. Because of our esteemed respect, we are committed to following appropriate legal procedures to remove infringing content from the Service(s).

Intellectual Property.

TinyMerch respects your work and empowers you to express your voice and ideas. We ask that you respect the work and creative rights of others. You need to either own the content you submit to TinyMerch, or have the express authority to use, display, and resell it. Content must comply with right of publicity, trademark and copyright laws, and all other applicable state and federal laws.

Trademarks and Infringement of Intellectual Property:

In events where we receive proper notice of intellectual property infringement, TinyMerch Inc. strives to respond quickly by removing, blocking, or disabling access to the allegedly infringing material. When TinyMerch Inc. removes, blocks or disables access in response to a notice, TinyMerch Inc. makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of confirmed copyright infringement, provide information about counter notification.

Counter DMCA Notifications:

If TinyMerch Inc. receives a DMCA counter notification, the removed material may be replaced or access to it may be restored 10 business days after receipt of the counter notice, unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs TinyMerch Inc. of this action. TinyMerch Inc. sends a copy of the counter notice to the original complaining party.

Repeat Infringement:

TinyMerch Inc. terminates account privileges of members that are subject to repeat notices of intellectual property infringement in appropriate circumstances and at TinyMerch Inc.’s discretion.

Copyright Responsibility.

You agree and attest by accepting these terms and conditions and using our Services that you own all rights (copyrights) for the content you submit, or if you are not the owner, that you have express authority and written permission to use the content, and that you have all of the rights required to display, reproduce, and sell the content. If content that you own and have rights to has been posted to the Services without your permission and you want it removed, please contact our customer service department directly for further escalation and review within 30 business days from date of first reporting. If Your Content infringes another person’s intellectual property as stated in section F, we will block it at our discretion.

Inappropriate, False, or Misleading Content.

This should be common sense, but there are certain types of content we don’t want submitted to TinyMerch Inc.’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

Your Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, platforms, and integrations—subject to the Terms and the following restrictions in particular:

Don’t Use Our Services to Break the Law.

You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you or TinyMerch Inc. For example, it’s your responsibility to obtain any permits or licenses that your store may require; you must not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against TinyMerch Inc., another TinyMerch Inc. user, or a third party.

Don’t Try to Harm Our Systems.

You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code into our platforms, third party services, or other programs or systems our clients may use to promote their products. You agree that TinyMerch Inc. reserves the right to audit our platforms (systems) to ensure integrity and compliance with this agreement, at the sole discretion of TinyMerch Inc.

Follow Brand Guidelines.

The name “TinyMerch Inc.,” our iconography, phrases, logos, and designs that we use in connection with Services we provide are trademarks, service marks, or trade dress of TinyMerch Inc. in the US, European Union, and all other countries, that are used for proprietary purposes at our sole discretion.

Share Your Ideas.

We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to TinyMerch Inc. (not including Your Content or products you sell or warehouse through our Services) are considered non-confidential and nonproprietary to you. You grant us a nonexclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you at any time.

Communication Methods.

TinyMerch Inc. will provide you with certain legal information in writing. By using our Services, you’re agreeing to our communication methods which describes how we provide that information to you. This simply means that we reserve the right to send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment).

Warranties and Limitation of Liability (or the Things You Can’t Sue Us For) Items Your clients Purchase through our sites.

You understand that TinyMerch Inc. cannot and does not make any warranties about our clients' images, content, stores, or what they sell to their end customer that we may warehouse. Any legal claim related to an item your customers purchase must be brought directly against you as the seller of the item. You release TinyMerch Inc. from any claims related to items sold through our Services, including consideration for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims) from warehoused goods.

Content You Access.

You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. TinyMerch Inc. is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

Policy Decisions on Content and Art.

Policy decisions themselves are complex in nature. We consider many different and often divergent factors before coming to a decision about what is best for our company, communities, and clients. Because we are a creatively neutral company, we err on the side of freedom of expression. We also tend to allow items that have educational, historical, or artistic value, but we know that even those items are subject to a variety of valid and sometimes conflicting interpretations and emotional responses. Art and history can be provocative, emotional, and divisive. There are some topics on which we may never reach a consensus as a society, and that is okay.

Third-Party Services.

Our stores on our site(s) may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. TinyMerch Inc. is not a party to those agreements; they are solely between you and the third party. Warranties. TinyMerch Inc. is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.

We do not guarantee that:

The Services will be secure or available at any particular time or location; any defects or errors will be corrected; the Services will always be free of viruses or other harmful materials; or the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you Liability Limits. To the fullest extent permitted by law, neither TinyMerch Inc., nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms. In no event shall TinyMerch Inc.’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid TinyMerch Inc. in the past twelve months, whichever is least. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

Indemnification (or What Happens If You Get Us Sued)

We hope this never happens, but in the instance TinyMerch Inc. should get sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend TinyMerch Inc. (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

Disputes with TinyMerch Inc.

If you’re upset with us, let us know right away, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:

Governing Law.

The Terms are governed by the laws of the State in which TinyMerch resides as an organizational facility, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

Arbitration.

You and TinyMerch Inc. agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rule in effect at that time (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find them here or by calling the AAA at 1–800–778–7879). Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis—class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and TinyMerch Inc. are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

Costs of Arbitration.

Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $10,000, TinyMerch Inc. will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

Forum.

We’re based in multiple states so any legal action against TinyMerch Inc. related to our Services must be filed and take place in the state of choice solely reserved by TinyMerch Inc. That means the seat of any arbitration shall be in any state TinyMerch chooses. For any actions not subject to arbitration, you (where your contract is with TinyMerch Inc.) and TinyMerch Inc. agree to submit to the personal jurisdiction of a state court located in Greenville County, SC.

Changes to the Terms and Conditions of Content

We may update these Terms from time to time. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

Some Finer Legal Points

The Terms and Conditions for content, including all of the guidelines and policy that make up the Terms in totality, supersede any other agreement between you and TinyMerch Inc. regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

Responsibility of site members and visitors

Violation of any of this Agreement or other rules will result in the termination of your TinyMerch account.

TinyMerch and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the TinyMerch Services.

TinyMerch shall have the right to remove any Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by TinyMerch or submitted to TinyMerch, including without limitation information in TinyMerch collaborations, posts and in all other parts of the TinyMerch Services. Without limiting other remedies, we may limit, suspend or terminate our Service and User accounts, prohibit access to our Site, delay or remove hosted Content, and take technical and legal steps to keep Users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time. The User is responsible for providing TinyMerch with accurate information (including but not limited to its retail price). If the User has provided TinyMerch with inaccurate or false information, (a) the User shall be liable to TinyMerch for damages and losses (including but not limited to taxes) arising out of such inaccurate or false information and (b) the User shall reimburse such damages and losses (including but not limited to taxes) to TinyMerch, and (c) TinyMerch shall have the right to charge the Client for such damages and losses (including but not limited to taxes).

Payments and fees

TinyMerch may choose to change the fees for our Services.

By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder's express permission to utilise the card to effect payment.

In case of an unfounded chargeback, the User shall reimburse TinyMerch for its losses, which consist of fulfillment costs and chargeback handling fees ($15 USD per chargeback).

We may refuse to process a transaction for any reason or refuse Service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.

Unless otherwise stated, all fees and payments are quoted in U.S. Dollars. The User is responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you will receive an e-mail from us confirming the details, description and price for the Products ordered together with some information on your rights to return your goods. Payment of the total price plus taxes and delivery must be made in full before dispatch of your Products.

Payouts to a Member's bank account or debit card may incur a $.25 transaction fee.

Shipping and returns

Once you have clicked on the "purchase" button, it might be not possible to edit or cancel your order. If you want to change some parameters, Customer addresses, etc., please contact us. We are not bound to make such modifications in your order, but we will do our best on a case-by-case basis. Replacement of Products are subject to TinyMerch investigation and discretion.

The risk of loss and title for such items pass to the User upon our delivery to the carrier. It is the Customer's responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case TinyMerch will not make any refunds and will not resend the Product.

Description of products

Whilst many component parts of our Products are standard, all Products available for purchase are described on their specific design page on our Site. We always try to represent each design as accurately as possible.

We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colours and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.

Delivery

We only deliver to the US and Canada. User shall cover delivery costs. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.

Some sort of Products are packaged and shipped separately. We can not guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Flat rate delivery times are shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make delivery of Product as simple as possible.

Ownership of the Products will only pass to you/Customer when we receive full payment of all sums due in respect of the Products, including delivery charges and taxes.

Release

You release us (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. You agree that TinyMerch has no control over and does not guarantee the delivery of the advertised collaborations and that TinyMerch shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.

Trade marks

If you use any of our trade marks in reference to our Products or Services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks in or as the whole or part of your own trade marks; in connection with activities, Products or Services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including the Site).

Indemnity

If a dispute arises between you and TinyMerch, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) must be resolved by a court located in the State of California. Any dispute or claim arising out of or in connection with Agreement or its formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the State of California.

Law and Jurisdiction

If you use any of our trade marks in reference to our Products or Services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks in or as the whole or part of your own trade marks; in connection with activities, Products or Services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including the Site).

General

No agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship, etc. is intended or created by this Agreement.

You acknowledge that you have all necessary permits to grant us with Customer’s personal data to fulfill this Agreement.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

TinyMerch reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.



✌️ The TinyMerch Team

Privacy Policy

It is our policy to respect your privacy regarding any information we may collect while operating our website.

Personal information

Before using certain parts of any tinymerch.com ("TinyMerch") or ordering Products, you must complete an online registration form. During registration, you will be prompted to provide to us certain personal information, including but not limited to User’s (your/company) name and email address. In addition, we may also ask you for your/Customer’s country of residence and/or organization’s country of operation, so we can comply with applicable laws and regulations. These kinds of personal information are used for billing purposes, to fulfill orders, to communicate about order and TinyMerch, and for internal marketing purposes. If we encounter a problem when processing the order, your personal information may be used to contact you. By registering at TinyMerch, you agree that all information provided in the registration data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. TinyMerch may collect statistics about the behavior of visitors to its Site. TinyMerch may display this information publicly or provide it to others. However, TinyMerch does not disclose personal information other than as described here. If you are a registered user of a TinyMerch Site and have supplied your email address, TinyMerch may occasionally send you an email to tell you about new features, new Products, solicit your feedback. TinyMerch takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction personal information.

Disclosure of information

TinyMerch discloses personal information only to those of its employees, contractors and affiliated organizations that need to know that information in order to process it on TinyMerch’s behalf or to provide Services available at TinyMerch Site, and that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country. TinyMerch will not rent or sell personal information to anyone. Other than to its employees, contractors and affiliated organizations, as described here, TinyMerch discloses personal information only in response to court order or other governmental request, or when TinyMerch believes in good faith that disclosure is reasonably necessary to protect the property or rights of TinyMerch, third parties or the public at large.

Security

Your account is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and personal information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.

Cookies

TinyMerch employs cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser to enable our systems to recognize your browser. Most internet browsers are initially set to accept cookies. You can set your browser to refuse cookies from web sites or to remove cookies from your hard drive, but if you do, you will not be able to access or use portions of TinyMerch Service. We have to use cookies to enable you to select Products, place them in an online shopping cart, and to purchase those Products. If you do this, we keep a record of your browsing activity and purchase.

Business

If TinyMerch, or substantially all of its assets were acquired, or in the event that TinyMerch goes out of business or enters bankruptcy, your personal information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of TinyMerch and/or the Site may continue to use your personal information as set forth in this policy.

Privacy policy changes

TinyMerch may change its Privacy Policy from time to time, and in TinyMerch's sole discretion. TinyMerch encourages you to frequently check this page for any changes to its Privacy Policy. Your continued use of this Site after any change in this Privacy Policy will constitute your acceptance of such change.