Terms and Conditions
Terms and Conditions
Effective January 1, 2021
SNT’s service (the “SNT Service”) is located at sntadventurebrands.com and is operated by SNT, Inc., with our headquarters at Santa Fe, New Mexico, USA, and its subsidiaries (collectively, “SNT”). The SNT Service provides sellers with the ability to create and sell custom merchandise.
Use of the SNT Service
Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Please immediately notify SNT of any unauthorized use of your password or account or any other breach of security. SNT reserves the right to terminate accounts and/or listings that are inactive for six (6) months or more.
Misuse of Member Account: If you engage in fraud or other illegal activity, infringe any third party rights, fail to comply with the Terms of Service or any other SNT policies, SNT may, in its sole discretion, cancel your listings, suspend your use of SNT tools and reports, restrict or terminate your account, and/or withhold and disburse any proceeds associated with that account.
Age Requirement: If you are under 13 years of age, you are not authorized to use the Service. If you are under 18 years old, you may use the SNT Service only with the approval of your parent or guardian.
Applicable Laws: In connection with your use of the SNT Service, you will comply with all applicable laws, regulations, and industry standards.
General Practices and Instructions Regarding Use: You will comply with any instructions provided to you by SNT in connection with your use of the SNT Service. SNT may establish general practices and limits concerning the use of the SNT Service. SNT reserves the right to change its instructions, general practices, and limits at any time, in its sole discretion, with or without notice.
Sellers: Creation and Implementation of Product Listings
The SNT Service allows sellers to create product listings and sell custom physical merchandise. To the extent any listing violates these Terms of Service, we may choose to terminate, delay or modify the listing at our discretion.
Your Right to Implement a Listing: By creating a listing through the SNT Service, you represent and warrant that you own or are the licensee of all trademark rights, copyrights, rights of publicity and other intellectual property or other proprietary rights necessary to create and implement the listing (“Listing Rights”), including any rights relating to the name, description, images, text or URL used for the listing. You will provide SNT with evidence of your Listing Rights upon request.
SNT does not claim any ownership rights in the content you upload to the SNT Service. Please be sure you maintain copies of all of your work. SNT has no responsibility or liability for the deletion or failure to store any content or information uploaded to the SNT Service.
SNT retains all ownership rights in any designs created by SNT designers which may not be used by you, other than in connection with your listings on the SNT Service, without SNT’s express written consent.
For the purpose of implementing and fulfilling your listing and for the purpose of advertising the SNT Service in any medium SNT chooses, you hereby grant SNT a nonexclusive, worldwide, fully paid up, transferable, sublicensable license under your Listing Rights to copy, display, distribute, modify the content you upload to the SNT Service (including all related images, text, content and information).
SNT, in its sole discretion, may make promotional offers with different features and different pricing to any of SNT’s sellers. These promotional offers, unless made to you, will not apply to you or these Terms.
Acceptable Use: Your use of the SNT Service, including the creation and implementation of product listings, is subject to these Terms of Service (including our Acceptable Use Policy).
Indemnity: To the extent any listing launched by you or launched via your SNT account violates or is alleged to violate our Acceptable Use Policy or any other part of these Terms of Service, in addition to any other remedies, you agree that SNT has the right to withhold and redirect any funds collected relating to the listing, which funds will be disbursed based on SNT’s internal policies (for example, SNT may give the funds to a charity where a listing falsely states it is raising funds for that charity, or SNT may apply such funds to any judgment or settlement, and/or the reimbursement of SNT’s expenses, resulting from a third party’s claim of infringement) and to control the defense or settlement of any claim or suit resulting from any such violation or alleged violation; and you agree to fully cooperate with SNT in such activities. Without limiting the foregoing, you also agree to indemnify and hold SNT harmless from any and all liabilities, losses, damages and expenses arising out of your violation or any alleged violation of our Acceptable Use Policy or any other part of these Terms of Service.
Quality of Artwork and Promotions: Each listing must meet reasonable production standards (e.g. a listing may not include a low quality image that will not print well). All of your advertisements or promotional descriptions, including content that is uploaded to the SNT Service, must be accurate and correct and must not include any content concerning non-SNT activities, events, products, services or promotions.
Proceeds from Listing: If you create a listing for products through the SNT Service, SNT will charge you a “base price” for each product that it makes available to you for your listing. You will be responsible for setting the price you charge consumers for each product. Once your listing is launched and products are sold, you will earn the difference between the base price and your sale price, less returns. You may request payout through your dashboard at any time. You are solely and fully responsible for payment of any income taxes applicable to the amounts you earn through the SNT Service. Prior to receiving your payout, you may be required to provide additional information to SNT as needed by SNT to comply with its reporting obligations.
Partnership Disputes: If you work with other people on your listing, and there is a dispute between you and your partners, even though SNT receives notice of the dispute, SNT is entitled to make payouts and otherwise correspond with the original registrant. Alternatively, SNT may withhold payouts until the dispute is resolved, at SNT's sole discretion.
Charities/Fundraising: You represent and warrant that any listing you create that implicitly or explicitly relates to a charity or fundraising effort is authorized by such charity or fundraising effort, and you will ensure that your listing description clearly and accurately states the percentage of proceeds that will be donated and to whom those proceeds will be donated.
Intellectual Property Complaints
Infringement Claims Between SNT Users, Waiver of Claims: As a condition of using the SNT Service, you agree to submit any and all infringement claims against SNT users (so called “Copycat Claims”) pursuant to SNT's existing policies and procedures governing such claims. You further agree, as a condition of using the SNT Service, to waive any and all claims against SNT arising from alleged infringement by you or another SNT user. In addition, you understand that SNT may release your contact information to any SNT User that satisfactorily alleges a violation of its rights under this section.
Infringement Claims by Third Parties: SNT takes any allegations of infringement seriously. If SNT receives any complaint or allegation that your listing or any resulting merchandise constitutes an unauthorized use of a third party’s rights, you understand that SNT may terminate or delay your listing, in its sole discretion. In addition, you understand that SNT may release your contact information to any third party that satisfactorily alleges a violation of its rights.
SNT will consider complaints of possible infringement only from parties that own, or have the exclusive right to exploit, the applicable intellectual property. If you believe that a SNT user has infringed upon your rights, please notify SNT through our Intellectual Property Claim page.
Repeat Infringer Policy: SNT has adopted a policy of terminating, in appropriate circumstances and at SNT's sole discretion, users who are deemed to be repeat infringers. SNT may also at its sole discretion limit access to the SNT Service or terminate the memberships of any users who infringe or violate any intellectual property or other rights of others, whether or not there is any repeat infringement or violation.
Buyers: Purchasing of Merchandise
Ordering and Availability: Merchandise may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us. Your order constitutes an offer to us to buy the merchandise ordered. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. In the event we do not accept an order we will inform in writing of our decision. You do, however, acknowledge that by placing the order, you enter into an obligation to pay for the merchandise.
Where we accept your order, we will confirm such acceptance by sending you a dispatch confirmation email or email on which the digital product is available for download (Order Confirmation). The contract in relation to the Merchandise ordered (Contract) will only be formed when the Order Confirmation is sent. After entering into the Contract, we will be under a legal duty to supply you with goods and/or digital products that are in conformity with the Contract.
Price and Payment: The price of merchandise is as quoted on the SNT Service from time to time.
We may use a third-party payment processor (Payment Processor) to process your payments for merchandise. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for error by the Payment Processor. By clicking the “Buy now” button on the checkout page, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any merchandise ordered in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (Payment Method). You agree to make payment using that selected Payment Method.
We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor or otherwise, do not receive payment from you, you agree to pay all amounts due upon demand. Fees will be charged in the local currency of your shipping address. You are responsible for paying all fees and applicable taxes associated with the merchandise ordered in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. If your Payment Method is not authorized or accepted, SNT reserves the right to cancel your order with no further liability or obligation to you. SNT reserves the right to stop accepting credit cards from one or more issuers at any time.
Loss and Cancellation: Title and risk of loss for all merchandise ordered by you will pass to you on our delivery to the shipping carrier. We reserve the right to cancel any order for any merchandise for any reason.
Returns: You acknowledge and agree that goods produced by us for you are bespoke, custom-made goods, they are produced specifically for you once you place an order. We do not hold stock and would not, but for your order, have produced the goods. You further agree that you do not have a right to change your mind with respect to digital products delivered to you immediately. Other than where goods, including digital products, are faulty, you have no right to cancel any order or return any goods and all orders are final. Nothing in this section affects your legal rights.
Waiver: Your purchase of an item using the SNT Service constitutes a waiver of any and all intellectual property, proprietary, personal, and privacy claims relating to that purchase.
SNT's Proprietary Rights
Service Content, Software and Trademarks: You are only authorized to use the SNT Service for the purpose of engaging in business transactions with SNT. You may not use any automated technology to scrape, mine or gather any information from the SNT Service or otherwise access the pages of the SNT Service for any unauthorized purpose. If you are blocked by SNT from accessing the SNT Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). The technology and software underlying the SNT Service or distributed in connection therewith are the property of SNT, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.
The SNT Service may contain images, artwork, fonts and other content or features (“Service Content”) that are protected by intellectual property rights and laws. Except as expressly authorized by SNT, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the SNT Service or the Service Content, in whole or in part. Any use of the SNT Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by SNT.
The SNT name and logos are trademarks and service marks of SNT (collectively the “SNT Trademarks”). Other company, product and service names and logos used and displayed via the SNT Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to SNT. Nothing in these Terms of Service or the SNT Service should be construed as granting any license or right to use any of SNT Trademarks displayed on the SNT Service, without our prior written permission in each instance. All goodwill generated from the use of SNT Trademarks will inure to SNT’s exclusive benefit.
Third Party Material: Under no circumstances will SNT be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content or materials. To the maximum extent permitted under applicable law, the third party providers of such content and materials are express and intended third party beneficiaries of these Terms of Services with respect to their content and materials.
SNT may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of SNT, its users or the public.
Third Party Websites
The SNT Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. SNT has no control over such sites and resources and SNT is not responsible for and does not endorse such sites and resources. SNT will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the SNT Service are between you and the third party, and you agree that SNT is not liable for any loss or claim that you may have against any such third party.
*Disclaimer of Warranties
YOUR USE OF THE SNT SERVICE IS AT YOUR SOLE RISK. THE SNT SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING A BUYER’S RIGHT TO RETURN MERCHANDISE AND OBTAIN A REFUND TO THE EXTENT DESCRIBED IN OUR RETURN POLICY, SNT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY LISTING, MERCHANDISE OR SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.*
*Limitation of Liability
SNT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SNT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL SNT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SNT OR SNT HAS PAID YOU IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.*
SNT, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the SNT Service and remove and discard any content within the SNT Service, for any reason. Further, you agree that SNT will not be liable to you or any third party for any termination of your access to the SNT Service.
Each party is an independent contractor in the performance of each and every part of these Terms of Service. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of its activities under these Terms of Service. You do not have the authority to commit SNT in any way and will not attempt to do so or imply that you have the right to do so.
These Terms of Service will be governed by the laws of the State of Delaware without regard to its conflict of law provisions.
These Terms of Service constitute the entire agreement between you and SNT and govern your use of the SNT Service, superseding any prior agreements between you and SNT with respect to the SNT Service. The failure of SNT to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of SNT, but SNT may assign or transfer these Terms of Service, in whole or in part, without restriction. Notices to you may be made via either email or regular mail. SNT may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the SNT Service.
Questions? Concerns? Suggestions?
Please contact us with any questions regarding these Terms of Service or the SNT Service.