Terms of Service

Merchiful’s service is provided at Merchiful.com. The website and service is run by Merchiful's parent company Photo Fusion Digital Printing, Inc., based in Clark Freeport Zone, Pampanga, Philippines. Merchiful provides sellers with the ability to create and sell custom merchandise and apparel by setting up an online shop for them on Merchiful.com. Merchiful provides buyers with the ability to find high-quality, unique products through these online shops at Merchiful.com.

Use of Merchiful's Service
If you do not agree to these Terms of Service, you are not authorized to use Merchiful's service.

Certain features of Merchiful requires registration. If you choose to register, you agree to provide and maintain accurate, current and complete information about yourself. Registration data and personal information are kept confidential at all times.

Merchiful reserves the right to terminate accounts that are inactive for six (6) months or more.

If you engage in fraud or other illegal activity, fail to comply with the Terms of Service or any other Merchiful policies, or otherwise use the service in an excessive or unreasonable way, Merchiful may, in its sole discretion, restrict or terminate your account, and/or withhold and disburse any proceeds associated with that account. In connection with your Merchiful account, you agree to comply with all applicable laws, regulations and industry standards.

By creating an account with Merchiful, 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 sell items on your online shop, including any rights relating to the name, description, images, text or vanity URL used for your account.

Right of Ownership
Merchiful does not claim any ownership rights for the content you provide to Merchiful.com. Merchiful has no right to sell or distribute your content outside of the singular purpose of promoting your shop on Merchiful.com.

Please be sure you maintain copies of all of your work. Merchiful has no responsibility or liability for the deletion or failure to store any content or information uploaded to Merchiful.com.

Merchiful retains all ownership rights in any designs created by Merchiful designers and may not be used by you, other than in connection with your account on the Merchiful service.

For the purpose of implementing and fulfilling your online shop and for the purpose of advertising Merchiful in any medium Merchiful chooses, you hereby grant Merchiful a nonexclusive, worldwide, fully paid up, transferable, sublicensable license under your account to copy, display, distribute, modify the content you have given us permission to use.

Proceeds from Sales
If you create an online shop with Merchiful, you will be given a “base price” from Merchiful for each product. You will also have the opportunity to set the selling price for each product. Once your shop is launched and products are sold, you will earn the difference between the base price and your sale price, less returns.

Payouts are made once per month via bank deposit or other means of money transfer. You are solely and fully responsible for payment of any income taxes applicable to the amounts you earn through Merchiful.

Price Changes
Product prices and base prices may change at any time and without prior notice.

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Intellectual Property Complaints
As a user of the Merchiful service, you agree that as a condition of using Merchiful, to waive any and all claims against Merchiful arising from alleged infringement by you or another Merchiful user.

Hate Speech and Harassment
We do not allow artwork that glorifies or promotes hatred toward people based on their race, ethnicity, national origin, age, gender, gender identity, sexual orientation, disability and religion, including symbols, people, or organizations dedicated to hatred against these groups. Additionally, we will not allow artwork that bullies, attacks or threatens specific individuals.

Nudity
Tasteful and artistic nudity in artwork is permitted in certain circumstances, but it's still up to the full discretion of Merchiful whether a submission of artwork is approved or not.  We do not allow pornographic content in any campaign, including explicit or extreme representations of nudity or sexual activity. Any exploitation or presentation of minors is strictly prohibited.

Violence and Harm
We do not allow content that promotes or glorifies harm or violence to individuals or others, including artwork that supports self-harm, incitement to violent acts, and praise or reverence of terrorist groups or figures. Raising awareness or showing support for victims of violence or human tragedy is allowed, provided you don’t violate any intellectual property rights.

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Buyers: Purchasing of Merchandise
If you purchase any merchandise through Merchiful, you will provide payment information that is true and authorized for you to use. You will be responsible for all taxes associated with your purchase of merchandise through Merchiful.

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 for you are bespoke, custom-made goods. Once you have paid for your order, you have no right to cancel, modify, or get a refund for your order. Returns are only accepted in cases where the goods are faulty, in which case we can repair your item or make a new one for you without any charge to you.

Termination of Account
Merchiful, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of Merchiful's service for any reason.

You may choose to close your Merchiful account and/or remove content from your Merchiful shop at any time.

Merchiful reserves the right to change its instructions, general practices and limits at any time, in its sole discretion, with or without notice.

Please contact us with any questions regarding Merchiful's Terms of Service.

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### Last Revised June 26, 2020
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