Section 1 - Overview

This website (the “Site”) contains several web pages owned and operated by 110 Brand. Throughout the Site, the terms “we”, “us”, and “our” refer to 110 Brand. Our products and services are offered to you (the “User” or “Users”) conditioned on your acceptance without modification of the conditions, notices, policies, and terms contained herein (the “Terms”). Please read these Terms carefully before accessing or using our Site.

By visiting and using our Site, you engage in our service and agree to be legally bound by these Terms. If you are dissatisfied with any portion of our Site, or with any of these Terms, your sole and exclusive solution is to discontinue using our Site.

Any new features which are added to our Site shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms. It is your responsibility to check this page periodically for any changes. Your continued use of or access to our Site following the posting of any changes constitutes acceptance of those changes.

All updates, notices, and messages shall be communicated in the English language.

Our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products to you.

Section 2 - Acceptable Conduct and Prohibited Uses

As a condition of your use of our Site, you warrant to us that you will not use our Site for any purpose that is unlawful or prohibited by these Terms. The use of this Site in any manner which could damage, disable, impair, or overburden this Site or interfere with any other party’s use of this Site is prohibited.

Any abusive, defamatory, harassing, harmful, hateful, obscene, profane, sexually explicit, threatening, unlawful, vulgar, or otherwise objectionable material or conduct of any kind, including but not limited to any encouragement of conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable local, state, national, or international law, whether based on ethnicity, race, or any other characteristic is prohibited.

In addition other prohibition stated in these Terms, you are prohibited from using our Site or its content:

• For any obscene or immoral purpose;
• For any unlawful purpose;
• For solicitation of others to participate in unlawful acts;
• To abuse, defame, discriminate, disparage, harass, harm, insult, intimidate, or slander based on age, disability, ethnicity, gender, national origin, race, religion, or sexual orientation;
• To crawl, pharm, phish, pretext, scrape, spam, or spider;
• To collect or track the personal information of others;
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• To interfere with or circumvent the security features of our Site;
• To submit false or misleading information;
• To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Site;
• To violate any federal, international, local, provincial, or state laws, ordinances, regulations or rules.

We reserve the right to refuse service to anyone for any reason at any time and/or terminate your use of our Site if you violate any of the prohibited uses.

In the event that any provision of these Terms is determined to be unenforceable, unlawful, or void, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the enforceability and validity of any other remaining provisions.

Section 3 - Privacy

Your privacy is important to us. Any submission of personal information by you through our Site is governed by our Privacy Policy, which details our data collection practices and how we share and use personal information and other data. By using our Site, you acknowledge that you agree to our Privacy Policy.

Our Privacy Policy can be viewed here.

Section 4 - User Eligibility for Merchandise Sales

Our Site allows you to submit an application with the intention of creating a personal merchandise shop (the “Shop”) housed on our platform, provided that you warrant that: you are at least eighteen (18) years of age; of the legal age to form a binding contract; and responsible for complying with any and all applicable laws and regulations relating to your participation on our Site and will fully indemnify us for any failure to do so. Anyone that meets the age requirement is eligible to apply for the creation of their own Shop, provided you understand that our services are only for purposes that are lawful in the jurisdictions where you are located. We reserve the right to reject any application for a Shop where you display any unacceptable conduct.

We reserve the right to reject any application for a Shop where the applicant plays high school sports in a state where monetization is not allowed.

Our Site is administered, controlled, and operated by 110 Brand within the USA. If you access our Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that if accessing our Site from any other country, any content accessed will not be used in any manner prohibited by any applicable laws, regulations, or restrictions.

Section 5 - Shop Production

You understand that the creation of a Shop consists of your information submission (the “Info”),  approval of your Info by us (the “Approval”), custom artwork creation (the “Artwork”), and publication of the Shop to our Site (the “Publication”). In order to create a Shop on our Site, you must submit an application here.

All Info provided by you in connection with any application must be accurate, complete, and current. If your Info changes, it is your responsibility to immediately update such Info. The Info you provide is used to determine eligibility for creation of a Shop on our Site, and it is understood that you are not allowed to submit Info using a false identity. Upon receiving your Info, we will review your information and notify you of your Approval or rejection. You agree that after submitting your Info, you are indisputably granting us permission to create a Shop for you on our Site.

You understand that your Artwork and Shop will be created in a manner that follows all of the parameters that you outline in the submission of your Info, barring the rejection of your application for any reason. Production of the personal Artwork and Shop shall begin promptly after notification of Approval. We shall use a group of artists (the “Artists”) to create the Artwork. It is acknowledged by both us and you that any and all photos that you submit belong to the original owner and we are granted a non-exclusive license to use these photos for creating Artwork and merchandise. You understand that your Info will be transferred between us and the Artists for the creation of the Artwork. You understand that upon completion of the Artwork and Shop, you will be contacted by us to schedule your Publication.

Section 6 - Shop Account

Anyone who is granted access to the creation of a Shop is required to create an account (the “Shop Account”). The Shop Account will offer you access to financial information involving your individual Shop on our Site. You agree to provide current, complete, and accurate account information and understand that it is your sole responsibility to maintain the Shop Account’s confidentiality, including username, password, and payment information. Your Shop Account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You agree that we are not responsible or liable for any costs, damages, expenses, liabilities, or losses related to unauthorized access to or use of the Shop Account. If there is suspicion that a Shop Account is being used in an unauthorized manner, you agree to contact us immediately to see that appropriate action or modification to the Shop Account can commence.

Section 7 - Payouts

You acknowledge that you will receive payouts (the “Payouts”) from each sale that is made on your Shop and you understand that the Payouts are 100% of the net earnings of each item sold on your Shop. You will collect Payouts via PayPal according to the payment information associated with your Shop Account.

In instances where you fail to submit proper payment information for Payouts, we will make a good faith effort to contact you in order to correct any error. You acknowledge that we do not operate, own, or control the payment provider, and any use of any payment provider is subject to the terms and privacy policies of that payment provider. You agree that we are not responsible for any delay, failure, damage, or liability caused by any payment provider. You acknowledge and consent that we may, at any time, if necessary, place a hold on a Shop Account that restricts Payouts.

You are solely and fully responsible for payment of any income taxes applicable to the amount you earn via Payouts whilst using our services. You acknowledge that we are not tax consultants and that you should consult with your own financial advisors and professionals. You understand that if you earn $600 or more in Payouts during a calendar year, we are required by U.S. tax law to report this income to the IRS by issuing a 1099-NEC Form. In the event that you earn $600 or more, we will contact you to request the necessary tax information, including your legal name, address, and Taxpayer Identification Number (TIN). This information will be stored securely and solely be used for compliance with tax reporting requirements.

You acknowledge and consent that we may, at any time, change the prices for merchandise available on any Shop. If this occurs, you acknowledge that this shall affect the total Payout per item.

Payouts will be provided in U.S. dollars unless the payment information in your Shop Account permits you to choose another currency.

Section 8 - Name, Image, and Likeness (NIL) Compliance

If applicable, you represent and warrant that you are in compliance with your institution’s NIL rules. You acknowledge and agree that you are solely responsible for ensuring any Payouts received through our Site are in allowance of your institution’s NIL rules. It is recommended that you consult with your institution’s compliance office or a qualified legal professional specializing in NIL guidance.

You and us understand that we act as a platform to facilitate the creation and sale of merchandise featuring your NIL and we are not responsible for your compliance, or lack thereof, with NIL rules.

Section 9 - User Intellectual Property 

Our Site allows Users with a Shop to approve, send, store, submit, receive, transmit, and upload content and data, (the “Intellectual Property”) including materials regarding your Artwork and Publication. When you use our Site, agree to these Terms, and/or submit Info, you grant us an irrevocable, non-exclusive, perpetual, royalty-free, universal, and unlimited license in any and all manner and media, whether now known or hereinafter invented or devised, including Publication, social media, and third-party websites, to adapt, create, distribute, license, modify, produce derivative works of, publicly display, reproduce, and use your Intellectual Property, for the purposes of advertising our Site or your Shop, creating your Shop, developing and improving our services, operating our Site, and selling products on your Shop involving your Intellectual Property. You acknowledge that we have no obligation to you specifically in connection with any advertising displayed on or in connection with our Site, including no obligation to share any revenue received by us as a result of such advertising.

You represent and warrant that:

• You own all rights to your Intellectual Property;
• You have the right to grant the rights described in these Terms;
• You have paid and will pay in full any fees, royalties, or other payments that are due or may become due in relation to any use of your Intellectual Property by us;
• Your agreement with these Terms does not violate any agreement that you may have with any third party;
• You understand that any Intellectual Property you disclose must not contain any information you do not wish to be disclosed;
• You acknowledge that none of your Intellectual Property will be subject to any obligation of confidence by us, customers, or third parties, and we will not be liable or responsible for any use or disclosure of any Intellectual Property;
• You agree that we can remove Intellectual Property from our Site for any reason.

If you choose to discontinue your Shop, you may request that we no longer include your Intellectual Property on our Site and that we not make any new public use of your Intellectual Property for the purpose of operating or marketing our Site.

Section 10 - Consent to Communications

You understand that visiting our Site or sending emails or text messages to us constitutes electronic communications. You consent to receive electronic communications and agree that all agreements, disclosures, notices, or other communications provided electronically, via email, text message, or through our Site, satisfy any legal requirement that such communications be in writing. We reserve the right to contact you with regards to any prevalent information relating to your Shop, Payouts, orders, or any instance regarding services that we provide.

Section 11 - Relationship of the Parties

You acknowledge and agree that you shall act as and shall be an independent contractor and not an agent, employee, joint venturer, or partner of ours. Nothing in this agreement shall create an agency, franchise, joint venture, or partnership between you and us. 

You shall not sign any document in the name of or on behalf of us nor hold yourself out as being an agent of us or as having apparent authority to contract for or bind us. You shall not act or omit to act in any situation that would put us in violation of any applicable law, regulation, or rule. 

Section 12 - Branding

All of our logos, names, and websites (collectively referred to as “Branding”), including but not limited to “110 Brand” are and shall remain the exclusive property of us and nothing in these Terms shall grant you the license to use such Brandings without the express written consent of us. We retain ownership and all rights to the 110 Brand logo, name, and website. We reserve the right to restrict the use of our logo, name, website, and any information created or obtained by us.

You do, however, reserve the right to use our logo and/or name in regards to promotion of your Shop on third-party platforms.

Section 13 - Copyright and Intellectual Property Policy

We will respond to notices of alleged copyright infringement and conduct an investigation if there is a belief that material not belonging to us or our Users has been copied in a way that constitutes copyright infringement. No individual shall be allowed to participate in the exploitation, modification, publication, transmission, or reverse engineering of any content found on our Site. We are not for resale. Your use of our Site does not grant you the right to make any unauthorized use of any protected content without the express written consent of us.

Section 14 - Third-Party Tools and Links

We grant access to third-party tools and applications over which we do not monitor nor have any control. You understand and agree that we allow access to such tools “as is” and “as available” without any conditions of any kind. We shall have no liability whatsoever arising from or relating to your use of these third-party tools and applications, nor will we be responsible for any damages, delays, losses, costs, or expenses arising out of or in connection with the failure to provide accurate payment information. Certain content, products, or services available via our Site may include materials from third-party websites, including social media platforms.

Third-party links (the “Linked Sites”) on our Site may direct you to third-party websites that are not affiliated with us. These Linked Sites are not under our control and we are not responsible for evaluating or examining the content or accuracy of the Linked Sites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of these Linked Sites. We are providing these Linked Sites to you as a convenience, and the inclusion of any Linked Site does not imply endorsement by us. Please review carefully any Linked Site’s policies and practices before use. Claims, complaints, concerns, or questions regarding Linked Sites and any products available on these Linked Sites should be directed directly to the Linked Site.

Section 15 - Prices and Products

Prices for our products and the modification and/or discontinuation of any of our products are subject to change at any time without notice. We shall not be liable to the User or to any third-party for any discontinuation, modification, price change, or suspension of any product.

We reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we cancel an order, we may attempt to notify you by contacting the email or phone number provided during the checkout process.

You agree to provide accurate, complete, and current purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including credit card information, email address, and phone number, so that we can complete any transactions and contact you as needed.

We have made every effort in our control to display as accurately as possible the colors and images of our products on our Site as they appear on our physical products. We cannot guarantee that your screen display of any color will be entirely accurate. We do not warrant that the quality of any material, product, or service purchased or obtained by you will meet your expectations.

Section 16 - Refund Policy and Billing Disputes

Our goal is to provide you with the best customer service. Whenever it is possible, we will do our best to correct any issue brought to our attention. Our refund policy is considered to be in effect for five (5) business days following the confirmed tracking delivery date. If five (5) business days have gone by since your confirmed tracking delivery date, we unfortunately cannot offer a refund. To be eligible for a refund, the item you received must not match the purchased item, be unused, and be in the same condition it was received. The decision to grant a refund is at the sole discretion of us and our evaluation. If an item is listed as a limited release or a sale item, we are unable to offer a refund.

To begin the process of a refund, please contact us here.

You must notify us by email of any disputed charges or incorrect payment amounts. We will attempt to resolve all disputes within one (1) calendar month of receiving notice. To the extent that we determine, at our sole discretion, that a billing adjustment is warranted, you will be credited accordingly. If you fail to notify us of a billing dispute, you waive all rights to bring any claim regarding the disputed charges.

Section 17 - Indemnification

You agree to indemnify, defend, and hold us and any affiliate, agent, contractor, director, employee, intern, licensor, officer, parent, partner, service provider, subcontractor, subsidiary, or supplier, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms.

Section 18 - Term of the Agreement

Either party may terminate these Terms and/or your right to a Shop on our Site at any time upon electronic notice. As soon as notice of termination of these Terms is given, you shall immediately cease marketing and advertising your Shop on any third-party links and platforms and shall eliminate all links, mentions, and references to us and our service. Pending the completion of the foregoing, we may hold any Payouts due. If fraud is suspected, we reserve the right to put a Shop immediately on hold until further investigation occurs.

Section 19 - Disclaimer of Warranties; Limitation of Liability 

We do not guarantee that your use of our services will be error-free, secure, timely, or uninterrupted. You agree that we may suspend our services for indefinite periods of time or cancel the service at any time without notice. You expressly agree that your use of, or inability to use, our services is at your sole risk. The services and all products delivered through our Site are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind.

The materials contained on our Site do not constitute any form of advice.

The information, products, services, software, and related graphics included in or available through our Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. We assume no responsibility for the accuracy, availability, reliability, suitability, and timeliness of any particular statement and accept no liability for any loss or damage which may arise from reliance on the information contained on our Site. We hereby disclaim all warranties and conditions with regard to this information, products, services, software, and related graphics.

In no case shall we, our affiliates, agents, contractors, directors, employees, interns, licensors, officers, service providers, or suppliers be liable for any injury, loss, claim, or any consequential, direct, incidental, indirect, or punitive damages of any kind, including, without limitation loss of data, lost profits, lost revenue, lost savings, replacement costs, or any similar damages, whether based in contract, strict liability or otherwise, arising from your use of any of our services or any products procured using our Site, or for any other claim related in anyway to your use of our Site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our Site or any content or product posted, transmitted or otherwise made available via our Site, even if advised of the possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. These Terms and any separate agreements whereby we provide access to our Site’s services shall be governed by and construed in accordance with the laws of the United States.

Section 20 - Entire Agreement

These Terms and any policies listed throughout our Site constitute the entire agreement and understanding between you and us and govern your use of our services, superseding any prior or contemporaneous agreements, communications, and proposals, whether electronic, oral or written, between you and us. The failure of us to exercise or enforce any right or provision detailed in these Terms shall not constitute a waiver of such right or provision.