Terms and Conditions

Summary: Merch Sherpa respects intellectual property rights and asks you to do the same. Anything you send to Merch Sherpa for printing will remain yours. We'll only use the content you submit to provide you with our services. If we receive a Digital Millennium Copyright Act (DMCA) takedown notice or European Union illegal content notice for content you've submitted, we may remove the allegedly infringing content or suspend access to the Merch Sherpa website.

All content (including all information, images, pictures, data, text, photographs, graphics, messages, and other materials, hereinafter "Content") that you post, submit, upload, display, sell or use, hereinafter "post", using our Services is your content. We don’t make any claim(s) to it. That includes anything you post using our Services (like your Content, images, shop name, your customer reviews, comments, videos, usernames, etc.).

A.             Responsibility for the Content. You understand that you are solely responsible for the Content that you send to Merch Sherpa for printing on or through email, mail, or our online Services. You represent that you have all necessary rights to the Content, including all necessary rights to post it or use it on your Products sold, manufactured, or warehoused by Merch Sherpa and its third-party vendor(s). You also represent that you’re not infringing or violating any third-party’s rights by posting the Content or using the Content on your Products sold, manufactured, or warehoused by Merch Sherpa and its third-party vendor(s).

B.             Permission to Use the Content. Merch Sherpa agrees that any Content that you post using our Services will remain yours. This means that we will never use your Content except with your express permission or as otherwise provided in this Agreement.

C.            Rights You Grant Merch Sherpa. By posting your Content, you grant Merch Sherpa and its third-party vendor(s) 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, improve the quality of the Services and to promote Merch Sherpa and/or your Merch Sherpa store, or the Services in general, in any formats and through any channels, including across the Services, third-party website, advertising medium and/or social media. You agree and represent that you have the rights to grant this license to us.

D.            Reporting Unauthorized Content. Merch Sherpa respects intellectual property rights and follows intellectual property laws. We are committed to following appropriate legal procedures to remove infringing content from the Service(s).

E.             Intellectual Property. Merch Sherpa 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 post to Merch Sherpa, or have the express authority to post it. Content must comply with right of publicity, trademark and copyright laws, and all other applicable national, state, and federal laws.

F.             Trademarks and Infringement of Intellectual Property. We are committed to following appropriate legal procedures to remove infringing content from the Services. Merch Sherpa will try to accommodate and not interfere with standard technical measures used by copyright owners to identify and protect their works. Merch Sherpa reserves the right to do any or all of the following at any time at our sole discretion: (i) immediately suspend your use of the Services; and/or (ii) remove, block, and disable access to any of your Content that is alleged to infringe the intellectual property rights of others. When we receive notice of intellectual property infringement, Merch Sherpa strives to respond quickly by removing, blocking, or disabling access to the allegedly infringing material. When Merch Sherpa removes, blocks or disables access in response to such a notice, Merch Sherpa and/or its third-party vendor(s) will make a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about counter notification.

                        i.         DMCA Cooperation:  Merch Sherpa’s copyright infringement notice and Content removal policies and procedures are intended to comply with the requirements and obligations of service providers under the Digital Millennium Copyright Act (DMCA).  To the extent any requirements and obligations of service providers under the DMCA change or are different than set forth herein, Merch Sherpa’s policies and procedure may likewise change in accordance with the DMCA requirements and obligations of service providers. More information about DMCA procedure is available here.

                       ii.         Counter DMCA Notifications: If Merch Sherpa receives a DMCA counter notification, Merch Sherpa and/or its third-party vendor(s) will send a copy of the counter notice to the original complaining party.  Unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs Merch Sherpa or its third-party vendor(s) of this action, the removed, blocked, or disabled material may be replaced or access to it may be restored 10-14 business days after delivery of the counter notice to the original complaining party.  If an action is filed, any Content removed, blocked, or disabled shall remain removed, blocked or disabled at the sole discretion of Merch Sherpa and/or its third-party vendor(s).

                      iii.         Repeat Infringement: Merch Sherpa may terminate account privileges of Members that are subject to repeat notices of intellectual property infringement as determined by Merch Sherpa at its sole discretion.

G.            Copyright and Trademark Responsibility. You agree and represent by accepting this Agreement and using our Services that you own all rights (including copyrights) for the Content you post, or if you are not the owner, that you have permission to use and reproduce the Content in connection with the Services, and that you have all of the rights required to post your Content. Likewise, by accepting this Agreement and using our Services, you agree and represent that you own or have permissions to use all copyrights, trademarks, service marks, trade dress, and trade names incorporated into the Content you post or use in connection with any Content and the Services provided under this Agreement.

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

I.               European Union illegal content. We have implemented a complaint mechanism to comply with the requirements and obligations of intermediary service providers under the Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (the “Digital Services Act”) that allows anyone to report content that they suspect to be illegal using the European Union illegal content notice available here. We are committed to evaluating the reported allegations and strive to take the appropriate decision that could include termination of the Services. If you are not satisfied with our decision, you have the right to appeal. You will be informed about appeal options along with our decision.