IL GRANDE PAGLIACCI Terms of Service
Welcome my friends!
Pagliacci’s App (“The great Pagliacci”) is located at ilgrandepagliacci.com.com and is operated by the great and only Pagliacci in person. The Pagliacci’s App provides sellers with the ability to create and sell custom merchandise and apparel and buyers with the ability to find high-quality, unique products.
We offer the Pagliacci’s App subject to the following Terms of Service, if you do not agree to these Terms of Service, you are not authorized to use the Pagliacci’s App . To note, these Terms of Service apply to all of our products and services. If we include some additional terms for tools you can download from the Service or other services, those provisions are incorporated into these Terms of Service.
Use of the Pagliacci’s App.
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 Pagliacci’s App of any unauthorized use of your password or account or any other breach of security. Teespring reserves the right to terminate accounts and/or campaigns that are inactive for six (6) months or more.
Please remember that Pagliacci’s App has no control over the way Social Networking Services use, store and disclose your information. Please review their policies to understand their privacy-related practices. Pagliacci’s App also has no control over the content made available through any Social Networking Service. Please review their policies to understand their content-related practices. Pagliacci’s App does not have any liability or responsibility for the acts or omissions of any of the Social Networking Services accessed through the Pagliacci’s App. Pagliacci’s App enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Age Requirement: If you are under 13 years of age, you are not authorized to use the Pagliacci’s App. If you are under 18 years old, you may use the Pagliacci’s App only with the approval of your parent or guardian.
Applicable Laws: In connection with your use of the Pagliacci’s App, 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 Pagliacci in connection with your use of the Pagliacci’s App. Pagliacci may establish general practices and limits concerning use of the Pagliacci’s App. Pagliacci reserves the right to change its instructions, general practices and limits at any time, in its sole discretion, with or without notice.
Sellers: Intellectual property
Pagliacci does not claim any ownership rights in the content you upload to the Pagliacci’s App. Please be sure you maintain copies of all of your work. Pagliacci has no responsibility or liability for the deletion or failure to store any content or information uploaded to the Pagliacci’s App.
Pagliacci retains all ownership rights in any designs created by Pagliacci designers and may not be used by you, other than in connection with your campaigns on the Pagliacci’s App, without Pagliacci’s express written consent.
For the purpose of implementing and fulfilling your campaign and for the purpose of advertising the Pagliacci’s App in any medium Pagliacci chooses, you hereby grant Pagliacci a nonexclusive, worldwide, fully paid up, transferable, sublicensable license under your Campaign Rights to copy, display, distribute, modify the content you upload to the Pagliacci’s App (including all related images, text, content and information).
Acceptable Use; Indemnity: Your use of the Pagliacci’s App, including the creation and implementation of products, is subject to these Terms of Service (including our Acceptable Use Policy). To the extent any campaign 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 Pagliacci has the right to withhold and redirect any funds collected relating to the campaign, which funds will be disbursed based on Pagliacci’s internal policies (for example, Pagliacci may give the funds to a charity where a campaign falsely states it is raising funds for that charity, or Pagliacci may apply such funds to any judgment or settlement, and/or the reimbursement of Pagliacci’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 Pagliacci in such activities. Without limiting the foregoing, you also agree to indemnify and hold Pagliacci 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 campaign must meet reasonable production standards (e.g. a campaign 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 Pagliacci’s App, must be accurate and correct and must not include any content concerning non- Pagliacci activities, events, products, services or promotions.
Proceeds from Campaign: If you create a campaign through the Pagliacci’s App, you will be given a “credit” from Pagliacci’s App for each product. You may request payout through your Payment profile at any time. You are solely and fully responsible for payment of any income taxes applicable to the amounts you earn through the Pagliacci’s App. Prior to receiving your payout, you may be required to provide additional information to Pagliacci as needed by Pagliacci to comply with its reporting obligations.
Partnership Disputes: If you work with other people on your campaign, and there is a dispute between you and your partners, even though Pagliacci receives notice of the dispute, Pagliacci is entitled to make payouts and otherwise correspond with the original registrant. Alternatively, Pagliacci may withhold payouts until the dispute is resolved, in Pagliacci sole discretion.
Charities/Fundraising: You represent and warrant that any campaign 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 campaign 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 Paglicci Users, Waiver of Claims: As a condition of using the Pagliacci’s App, you agree to submit any and all infringement claims against Pagliacci users (so called “Copycat Claims”) pursuant to Pagliacci's existing policies and procedures governing such claims. You further agree, as a condition of using the Pagliacci’s App, to waive any and all claims against Pagliacci arising from alleged infringement by you or another Pagliacci user. In addition, you understand that Pagliacci may release your contact information to any Pagliacci User that satisfactorily alleges a violation of its rights under this section.
Infringement Claims by Third Parties: Pagliacci takes any allegations of infringement seriously. If Pagliacci receives any complaint or allegation that your campaign or any resulting merchandise constitutes an unauthorized use of a third party’s rights, you understand that Pagliacci may terminate or delay your campaign, in its sole discretion. In addition, you understand that Pagliacci may release your contact information to any third party that satisfactorily alleges a violation of its rights.
Pagliacci 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 Pagliacci user has infringed upon your rights, please notify Pagliacci through our Intellectual Property Claim page. You may also contact us by mail at the address provided at the end of these Terms of Service, attention Legal Department.
You must include with your notification the following information.
Repeat Infringer Policy: Pagliacci has adopted a policy of terminating, in appropriate circumstances and at Pagliacci's sole discretion, users who are deemed to be repeat infringers. Pagliacci may also at its sole discretion limit access to the Pagliacci’s App 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.
Pagliacci's Proprietary Rights
Service Content, Software and Trademarks: The Pagliacci’s App 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 Pagliacci, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the Pagliacci’s App or the Service Content, in whole or in part. Any use of the Pagliacci’s App or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Pagliacci.
The Pagliacci name and logos are trademarks and service marks of Pagliacci (collectively the “Pagliacci Trademarks”). Other company, product and service names and logos used and displayed via the Pagliacci’s App may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Pagliacci. Nothing in these Terms of Service or the Pagliacci’s App should be construed as granting any license or right to use any of Pagliacci Trademarks displayed on the Pagliacci’s App, without our prior written permission in each instance. All goodwill generated from the use of Pagliacci’s App will inure to Pagliacci’s exclusive benefit.
Third Party Material: Under no circumstances will Pagliacci 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.
Pagliacci 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 Pagliacci, its users or the public.
Third Party Websites
Pagliacci has no control over such sites and resources and Pagliacci is not responsible for and does not endorse such sites and resources. Pagliacci 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 Pagliacci’s App are between you and the third party, and you agree that Pagliacci is not liable for any loss or claim that you may have against any such third party.
Disclaimer of Warranties
YOUR USE OF THE PAGLIACCI’S APP IS AT YOUR SOLE RISK. THE PAGLIACCI’S APP 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, PAGLIACCI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY CAMPAIGN, 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
PAGLIACCI 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 PAGLIACCI 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.
Pagliacci, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Pagliacci’s App and remove and discard any content within the Pagliacci’s App, for any reason. Further, you agree that Pagliacci will not be liable to you or any third party for any termination of your access to the Pagliacci’s App.
For users located in the European Union: These Terms of Service will be governed by the laws of the United Kingdom, without regard to its conflict of law provisions. With respect to any disputes, you and Pagliacci agree to submit to the personal and exclusive jurisdiction of the courts located in London, England. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.
For all other users: These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes, you and Pagliacci agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.
These Terms of Service constitute the entire agreement between you and Pagliacci and govern your use of the Pagliacci’s App, superseding any prior agreements between you and Pagliacci with respect to the Pagliacci’s App. The failure of Pagliacci 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 Pagliacci, but Pagliacci 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. Pagliacci 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 Pagliacci’s App.
Questions? Concerns? Suggestions?
Please contact helplgrandepagliacci.com with any questions regarding these Terms of Service or the Pagliacci’s App.
Last Revised April 2019