Softside Terms of Service
Last updated: July 1, 2024
Terms Introduction
Softsidemerch.com (“Platform” or “website”), owned and operated by Softside Merch Inc. (“Softside,” “we,” “us,” or “our”), is a curated e-commerce platform that allows registered users (“user” or “Creator”) to upload, submit, and display images, illustrations, graphics, visuals, photographs, artwork, text, data, information, templates, and other material (“Content”) to demonstrate their creative work and to utilize in official merchandise (“merchandise” or “products”) for authorized music artist partners and other intellectual property holders (“Partners”). Such Content may be published publicly on the website and/or approved for merchandise production and listed for purchase, including in Softside’s digital marketplace and respective Partners’ web stores.
These Terms of Service (“Terms”), together with the referred documents and policies below, govern the binding agreement you are entering by accessing and using our Platform as described herein (“Services”).
These Terms are applicable to both individuals browsing and shopping within the Platform (“visitors”) as well as any registered users submitting Content and/or selling merchandise within the Platform.
By accessing and using our Platform, you confirm that you accept these Terms and that you agree to comply with them. By agreeing and complying to our Terms, you are granted a limited, non-exclusive, revocable, non-transferable license to use our Services solely as described herein, without the right of sublicense. You may not use the Platform if you do not agree to these Terms.
If you have questions, please visit our Frequently Asked Questions (“FAQ”) page for answers, or get in touch with us for additional support via our Contact page.
Accounts
Visitors. Individuals without an account (“Visitors”) may browse and purchase Softside products from the Softside marketplace and related pages & web stores within our Platform, social media channels, and Partners’ respective merch stores within their official websites where approved (collectively, “Sales Channels”). Applicable terms herein still apply.
Creators. In addition to the permissions granted to Visitors, those with registered accounts may use Softside’s Services as a Creator. To create an account, you must provide your full name, user name, email address, and password within our website. It is free of charge to create an account to use our Services.
Users must be eighteen (18) years or older to use our Services as a Creator.
If you are a minor who is at least thirteen (13) years old, you may create an account that is owned and directly supervised by a parent or legal guardian. Minors younger than thirteen (13) years old are not allowed to use Softside’s Services.
When creating an account, you must choose an appropriate username that is not offensive, inappropriate, or infringes on another’s rights.
When creating a password, you must choose a strong password that only you (or your parent/legal guardian, if applicable) will know and can safely store. Strong passwords typically contain a mix of upper & lowercase letters, numbers, and symbols without any identifying information. If you suspect someone else may know your password, you must immediately update it.
Additional Information. You may be requested to include additional information about yourself to verify your identity, activate your Earnings, recover access to your account, and/or comply with applicable laws, such as your physical address, phone number, date of birth, banking information, and other identifying data.
Honesty. You must enter all information truthfully. Softside may disable or ban any accounts it reasonably believes is false, deceptive, and/or contains impersonated data or fraudulent information.
Behavior. Softside has zero tolerance for unwanted behavior, including stalking, harassing, impersonating, manipulating, bullying, nasty comments, or harming Softside, its affiliated parties and personnel, other users, customers, Partners or its representing parties. Users cannot spam or upload “junk” content, unwanted promotional material, unauthorized advertising, or any other forms of solicitation. Users cannot bypass any measures or processes we have in place for our Services and its operations, such as submission or payment manipulation, circumventing policies or procedures, or other interferences with our Services. Softside reserves the right to ban any accounts that are found to be in violation of these Terms.
Account Responsibility. You are responsible for the confidentiality of your account, including all activities, your password, and/or any other user identification or access codes that may be provided to access our Services. You must not disclose any account information to any other third party. If you are a minor, the supervising parent or legal guardian in charge of your account is directly responsible for all account activities.
Transfer. You may not transfer your account or account information to anyone else without our written consent.
Improper Use. Softside reserves the right to disable or ban an account if, at our sole discretion, we reasonably believe it is not in compliance with any of our Terms of Service or other policies. If we suspect or reasonably believe that a user has attempted to gain unauthorized access to our Platform, the server on which our Platform is stored, or any other database, website, computer, or server connected to our Platform or our Partners’ websites, has uploaded or attempted to upload or submit their Content through invalid or tampered means, or is a disturbance to the operations of our Services, such as submitting Content through multiple e-mail address, identities, hacking methods, proxy servers, or through use of any third-party programs, all submissions and uploads from that user will be considered invalid and the user may be banned from our Platform. We reserve the right to seek damages or other remedies to the fullest extent permitted by law from any persons or parties responsible for any criminal activity and/or violations of law in relation to these Terms, such as any deliberate attempts to damage any websites or interfere or undermine with the operations of Softside and our Partners.
Private Use. As a Creator, your use of our website shall only be for private use and not for any commercial or business purposes. We are not responsible to any Creators for any loss of business or loss of business profit.
Relationship. Creating an account with Softside does not create any agency, partnership, joint venture, employment, or other relationship between users and Softside.
Your Links. You may link your social accounts or similar websites that you own to our Platform but you may not suggest any formal partnership, association, sponsorship, or endorsement by Softside or its Partners where none exists. Such linked sites must comply with our acceptable Content standards as referred in our Terms herein. If you are a minor with an account owned and run by a parent or guardian, you must ensure they have consented to you including or associating any links to your account. We reserve the right to withdraw our linking permissions.
Third Party Links. Our Platform may contain links to third party websites, services, platforms, or apps (collectively, “Third Party Links”). You may need to access those Third Party Links in order to utilize our Services. We have no responsibility or control over the information, content, terms of use, or policies of these Third Party Links. Your engagement with any Third Party Links within our Platform is done so at your own risk.
Other Parties. Our Platform will include other Creators, Visitors, customers, and Partners (collectively, “Other Parties”). We ask you to exercise your best judgment with all interactions with Other Parties within our Platform. We do not condone any offline interactions between Creators and Partners. Please contact Softside immediately at hello@softsidemerch.com if you believe any Other Party within our Platform is making you uncomfortable or is not in compliance with our Terms herein.
Content Submission & Approval Process
Content Access, Visibility and Permissions: When accessing our Services as a Creator, you acknowledge that you may upload, publish, post, generate, or otherwise create visual images, illustrations, graphics, photographs, artwork, text, data, information, templates, and other material within our Platform, otherwise known as “Content,” that others may be able to view and access. You acknowledge that certain areas of our Platform may be designated as public-facing, meaning that other users and visitors may be able to view Content that you upload, post, publish, submit, or have approved within the Platform, including submissions and portfolio works, along with your name, provided biography, links, and other identifying information you wish to include as public within your account settings. By creating an account as a Creator, you agree to allowing Softside to post and to make, have made, use, copy, reproduce, revise, and create derivative works of such Content on or through our Platform, social media, communication channels, or any technology now known or later developed, for the purpose of promoting Softside and its Services and Partners. You agree to allow other visitors and users access to view, like, comment, and otherwise engage with your Content on or through our Platform.
Submission Options. We understand creatives may have different preferences on how they submit their work for consideration. Therefore, we are happy to offer Creators two (2) options to submit Content to Partners for merchandise design consideration, as described below. Creators are encouraged to select whichever that works best for them.
Merchandise Template Builder Option: Creator may select a merchandise item blank and color from the available options found in the Platform and upload their original Content within the merchandise template. If selected for approval, they will be notified by Softside and/or the respective Partner if there are any Content edit requests before potentially moving forward to production.
Portfolio Option: Creator may submit a link to their Softside Portfolio that showcases past Content they’ve created, serving as a representation to their artistic style. If selected for approval, Creator may be contacted to create new, original Content in a similar style to the Contents of their Portfolio for the purpose of a merchandise design for the respective Partner. Similar to a typical work-for-hire opportunity, Creator will be provided a creation deadline and other parameters to work within.
Permissions. By uploading and submitting your Content within our Platform, you agree to giving Softside and its respective Partners permission to assess, list, and promote your Content as approved merchandise within our Sales Channels. All Terms herein apply.
Approval. If approved, Content may potentially be utilized as a merchandise design and listed for sale on behalf of the Partner who approved your submitted Content, respectively.
Submitting Content does not guarantee approval. Softside is a curated marketplace that is unable to accept all Content that is uploaded within its platform. Approval is at the discretion of respective Partners and Softside.
Approval is not binding and can be revoked or paused at the discretion of Softside and respective Partners.
Approved listings may take up to several days to appear within the Platform.
Final merchandise item containing your approved Content may differ from the merchandise template you submitted, at the discretion of Softside and Partners.
Approved Content may appear in search results with specific keywords at Softside’s discretion.
Edit Requests. Softside and Partners may request Content edit requests to Creators prior to moving forward with approval and/or production.
Softside and Partners shall aim to provide edit requests that are concise, straightforward, and give clear indication to the desired outcome of the Content so that Creators understand what is expected of them to execute such adjustments.
A Softside staff member may step in to help mediate and try to rectify an edit dispute if a Partner and Creator cannot agree upon a final Content design.
Merchandise Parameters. We recognize that every music artist runs a unique merchandise business, and therefore, the economics, reach, and general strategy surrounding that business may significantly vary. As such, we empower our Partners to make their own decisions regarding their merchandise within our Platform, including their respective Royalty share with Creators, retail prices, sales periods, licensed Assets, and approved Content (collectively, “Merchandise Parameters”).
Softside shall implement policies surrounding our Partners’ Merchandise Parameters in order to provide efficient operations and protections for Creators, such as setting a minimum percentage for Creators’ Earnings, minimum retail prices, and suggestions on sales periods.
Sales Period. Approved merchandise listings shall be available for purchase for a duration at the discretion of our Partners for their respective products (“Sales Period”). If you would like to remove one of your approved listings that contain your Content, please contact our team at hello@softsidemerch.com. You acknowledge that the Terms herein shall remain in full force and effect.
Retail Prices. Approved merchandise shall be listed for sale at a retail price set by our Partners for their respective products (within the parameters set forth by Softside).
Earnings. Creators whose Content is approved to move forward to production as an official merchandise listing within our Sales Channels shall be paid a portion of the revenue from each sale of their respective listing (“Creators’ Royalty”), as described in the Earnings terms below.
The minimum guaranteed Creators’ Royalty for a sale of their approved, listed merchandise is fifteen percent (15%) of the Net Revenue, as defined below. Creators shall be paid out for approved, valid sales processed while the merchandise is actively listed in our Sales Channels.
Creators’ Royalty may be greater than 15% at the discretion of the respective Partner relating to their approved merchandise listing. Any increase to Creators’ Earnings shall be extracted from the Partner’s Earnings at their discretion.
The Rate of Creators’ Earnings for each respective Partner shall be displayed within a button that reads “Notes from the Artist” within the Create Merch page when Creators are submitting their Content (“Artists’ Notes”).
Rate of Creators’ Earnings is subject to change at Partners’ discretion but cannot be lower than 15% of the Net Revenue.
Softside retains a service fee on the Net Revenue at a rate negotiated with our Partners from their share of Earnings.
Net Revenue shall be defined as: Retail Price - Production Costs - Transaction/Credit Card Fees
Retail Price is the price customers are paying for a product, prior to the addition of any shipping fees or sales tax that are added at check-out. Retail Price shall be inclusive of any promotional discounts that may be added for specific campaigns.
Production Costs are the costs required to manufacture and fulfill a product. Production Costs may vary depending on the type of item, material, and size.
Transaction/Credit Card Fees are defined as the fees incurred to process a transaction in our Platform. Fees may slightly differ depending on the nature of the transaction, such as the payment method, but generally shall be 2.9% + $0.30 per transaction.
Unless agreed otherwise in writing, all approved Earnings shall be paid out to Creators in U.S. Dollars. Creators are responsible for any applicable taxes or fees associated with their Earnings.
Creators are not entitled to their Earnings if they are found to be in breach of any of these Terms. We may withhold any Earnings due to Creators pending the resolution of any dispute or claim and may apply those Earnings to the resolution of such claim.
Intellectual Property
Respect. All users must respect the intellectual property rights of others to be welcome in the Platform.
Assets. As a Creator, you may have access to intellectual property (“IP”) that is owned and controlled by Softside and/or our Platform Partners. Such IP may include names, images, logos, trademarks, designs, photographs, text, and other visual material that are approved as authorized, licensed merchandise design elements (“Assets”). Assets that are granted by Partners to Softside are sub-licensed to Platform users through a non-exclusive, limited license solely in connection with the approved design, creation, display, production, and sale of merchandise through the Softside Platform and its Sales Channels. Creators’ are allowed to download, view, and use Assets in accordance with the Terms herein along with other applicable merchandise design guidelines and parameters provided by Softside and respective Partners within our website. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Softside or its Partners, except for the licenses and rights expressly granted in these Terms.
Under no circumstances may Assets be used by Creators for any purpose other than the Services as described herein.
It is unlawful to produce and sell products or services containing intellectual property belonging to others without the proper authorization and rights to do so. At Softside we take this extremely seriously and will not tolerate unauthorized activities that infringe on our or our Partners’ rights. This means that Softside reserves the right to disable or ban any accounts that are reasonably believed to be selling unauthorized products bearing our or our Partners’ intellectual property on other platforms, websites, marketplaces, or third party locations outside of Softside. Softside and Partners reserve the right to pursue legal action where appropriate.
Unless specifically advised otherwise within the Platform, Creators are not required to include the provided Assets within their Content if they do not wish and may opt instead to upload and submit Content only containing their original work, provided such Content adheres to the other terms herein. In simpler words, it is optional to use our or our Partners’ Assets within your uploaded Content, so long as the final Content you upload is created and owned entirely by you.
As a Creator, you acknowledge the great value of the publicity and goodwill associated with our and our Partners’ intellectual property and agree such goodwill is exclusively of said respective parties. You agree to not by any intentional act or omission use Assets in any manner that disparages or reflects adversely on Softside, our Partners, or their reputations or businesses. In simpler words, your work shall be a positive representation of both our Partners and of Softside.
Softside is the exclusive owner of all right, title, and interest in, and to, our company’s trademarks, logos, visuals, and other Softside-related IP that we may license to Creators to use our Services. Furthermore, our Partners are the exclusive owners of all right, title, and interest in, and to, their respective Assets that are sub-licensed by Softside to Platform users to use our Services. All rights, title, and interest in our Partners’ IP shall vest exclusively to that Partner. You acknowledge that Softside conveys no ownership interest to Creators in any licensed or sub-licensed intellectual property. Softside and Partners reserve all rights in and to their respective IP that is not expressly conveyed herein. In simpler words, your use of any approved Assets in the Platform does not constitute ownership of those Assets.
Original work. Notwithstanding the authorized Assets that may be utilized by Creators to create merchandise templates and Portfolio submissions within the Platform as described in the Terms herein, Creators represent and warrant that all uploaded and submitted Content is entirely their original and unique work.
Acceptable Content may include original graphic designs, paintings, illustrations, doodles, collages, digital art, photography, and other static visual art.
Creators warrant and represent that they are the sole owner of their uploaded Content.
Content cannot be copied, adapted, reproduced, or contain unauthorized material from any other source or third party. Content must not contain material that violates and/or infringes another's rights (including but not limited to intellectual property, privacy, publicity, moral, or other legal rights.)
Approved, licensed Assets shall be provided in the Artists’ Notes within the Create Merch page when Creators are submitting their Content. Any other IP referencing the Artist that is not included in their Artist Notes (such as other photographs, album covers, or design elements of the artist you find online) is not allowed and will be considered invalid, unless it is original Content that you have created and own.
For example, Content may contain references or depictions of respective Partners, such as original illustrations of a Partner’s face or name, but cannot contain intellectual property belonging to a third party, such as unauthorized photographs or designs.
Creators may get in contact with our team at hello@softsidemerch.com if they need help clarifying acceptable Platform Content.
Appropriate Content. Softside reserves the right, in its sole discretion, to remove any Content it deems to be offensive, harmful, inappropriate, derogatory, profane, indecent, obscene, hateful, tortuous, defamatory, violent, slanderous and/or libelous; depicts and/or promotes crimes, illegal or otherwise harmful activities, the use of firearms and/or weapons, cruelty to people, animals and/or Earth, any illegal drugs, prostitution, pornography, nudity, the taking up of arms and/or seeking to overthrow any person/government/organization, terrorism, and/or individuals, groups, or organizations promoting any of the aforementioned. Content must not contain or reference material that promotes or depicts bigotry, racism, or discrimination based on race, gender, age, ethnicity, religion or spiritual alignment, nationality, disability, sexual orientation, political orientation, ancestry, and/or citizenship/residence status.
Content must not be in violation of or contrary to the laws or regulations in any jurisdiction where such Content is created.
Softside reserves the right, in its sole discretion, to remove any Content it deems to be not in keeping with Softside or Partners’ images, and/or is not in compliance with the Terms herein.
Content Modifications. Users acknowledge that Softside and affiliated parties involved with merchandise production reserve the right to modify Content in order for it to successfully meet production needs and design preferences, including but not limited to: cropping or other size adjustments, color modification, contrasting, brightening, branding (such as company name and/or logo placement), and other text and/or visual additions or adjustments.
Unless specifically advised otherwise within the Platform, Creators are allowed to alter or modify approved Assets to fit a desired design aesthetic, such as color modifications, cropping, layering, and similar edits. Final approval of any modifications is at the discretion of Softside and its Partners.
Finalized arrangement and layout of Content within approved merchandise is at the sole discretion of Softside and Partners.
Content Licensing & Ownership
Upon the approval of their Content, Creators shall be sent a document by Softside that states they will transfer copyright ownership rights of their approved Content to the respective Partner for the purpose of merchandise design and production (“Transfer of Ownership Agreement”). Upon Creator’s execution of the Transfer of Ownership Agreement via written or electronic signature, Partners shall own all right, title and interest in the copyright of the approved Content, including but not limited to the right to publish, manufacture, transmit, sell, distribute, promote and otherwise use the Content in whole or in part in electronic, print, and physical production of merchandise and in derivative works throughout the world through Softside’s Services. Creators agree to Softside executing such merchandise production and sales on behalf of Partners within the scope of these Terms and for any extensions or renewals hereafter, unless explicitly agreed otherwise in writing.
To be clear: Creators submitting Content to Partners through the Merchandise Template Builder option, as described in our Terms herein, understand and agree that if they are approved, they are transferring ownership of their Content, including any edits of the Content to follow, to the respective Partner through the execution of the Transfer of Ownership Agreement.
Likewise, Creators submitting Content to Partners as examples of past artwork through the Portfolio option, as described in our Terms herein, understand and agree that if they are approved, the ownership of the new Content they create for the respective Partner they were approved by shall be transferred to said Partner through the execution of the Transfer of Ownership Agreement.
There is no transfer of ownership for any submissions that are not approved for production.
If Softside and/or Partners choose to sell or re-sell products featuring Creators’ approved Content outside the scope of these Terms, such as a bulk order of products to sell offline in a venue outside of our Platform, Creators will be notified and compensated a mutually agreed fee.
Once any Content is uploaded and/or submitted within our Platform, such upload or submission will be deemed made at the direction of the Creator within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act.
Content Flagging & Removal
Infringement. Softside reserves the right to remove any Content and/or deactivate any account that it believes is in violation of its Terms of Service and applicable merch design guidelines as provided within our website. Examples of violation may include but are not limited to: a design, text, logo, photo, name, likeness, copyright, trademark or similar content that infringes on a third party’s rights and/or is considered indecent, profane, obscene, inflammatory, or illegal.
Enforcement. Softside has the right to investigate violations and pursue legal action at the fullest extent of the law in cooperation with law enforcement and governing authorities, as necessary. Softside shall take all reasonable steps to ensure our Services are in compliance with applicable laws and reserves the right to temporarily or permanently remove access to any profiles, services, merchandise listings, and content without any prior notice.
Misuse of Content & Similar Works. All Content uploaded and submitted by Creators to our Partners is strictly for the purpose of merchandise production through Softside’s Services. Content cannot be used for commercial purposes by Partners outside of our Platform unless explicitly agreed in writing otherwise. At the sole assessment and discretion of Softside, any Partners who are found to abuse these Terms may be limited or otherwise banned from accessing our Services. Creators acknowledge that Softside and its Partners have access to a wide range of creative materials, including designs, visual content, ideas, stories, and intellectual property, and that due to common trends and themes in design there may be material that bears resemblance to Content uploaded within our Platform. Creator may contact Softside if they reasonably believe there to be a copyright violation or infringement of their Content within our Platform, as detailed in our “Content Flagging” term below.
Content Flagging. In accordance to the required procedures set forth by the Digital Millennium Copyright Act (“DMCA”), Platform users and visitors may flag Content believed to be in violation of Platform’s Terms of Service, including reporting of copyright and trademarks infringement, by contacting Softside. Notification instructions are made available within the Platform for all users and visitors within our IP Flagging & Takedown Process page.
Softside will make best efforts to move swiftly to review and disable or remove any flagged Content. Users will be notified if their respective Content has been removed. Additional information may be requested before action is taken.
Softside may reject a violation flagging if it concludes such flagging is incomplete, false, fraudulent, or otherwise submitted in bad faith.
Softside reserves the right to take legal action as necessary and/or permanently ban any account that is a violator/repeat violator of its Terms of Service and/or abuser/repeat abuser of false flagging.
Softside permits users to submit a written withdrawal of any Content flagging. Instructions on how to withdraw such flagging are available in our IP Flagging & Takedown Process page here.
In accordance with the DMCA, Softside accepts counter notices for copyright infringement reports (U.S. only). Instructions on how to submit a counter notice in accordance to DMCA’s requirements are available in our IP Flagging & Takedown Process page here. When Softside receives a DMCA counter notice, it shall provide a copy of the counter notice to the reporting party and the removed Content may be replaced or restored ten (10) business days after the counter notice is processed, unless the copyright owner files an action seeking a court order restraining the allegedly infringing party from relisting the items or a qualifying action with the Copyright Claims Board (CCB), and informs Softside of this action.
Production & Purchases
Print-on-demand. All products available for purchase are currently produced through a print-on-demand production partner, meaning products are only put to production once we receive an order.
Returns. Due to our print-on-demand production method in which items are only created and fulfilled with each order made, Softside does not hold or throw out excess inventory. This production method reduces the amount of fabric waste that is typically seen with conventional manufacturing. However, it also means that we do not have extra items available to make exchanges. Therefore, with the exception of the below circumstances as described in “Damaged/Misprinted Products,” all orders are considered final sale.
Damaged/Misprinted Products. If your product has been lost in transit or arrived defective, damaged, or misprinted, please contact us at hello@softsidemerch.com within three (3) weeks of your purchase date and we will do our best to sort and correct the issue. After the three (3) week period the order will be considered final. We do not handle returns for size exchanges or buyer’s remorse.
Order Cancellation. If you need to cancel an order, you must contact us immediately at hello@softsidemerch.com to attempt to cancel. If the item(s) has already been shipped out, Softside cannot cancel and the order is considered final sale.
Printing. Our production partners (“producers”) use a direct-to-garment (“DTG”) printing technique for almost all products. With DTG, ink is sprayed onto the apparel, which helps it soak better into the fabric and makes the print less prone to fading.
Payments. You will need to input identifying information in order to complete a transaction within our Platform, including credit/debit card information or linked payment method, billing information, and shipping address. You warrant and represent that you and/or the parent/guardian monitoring your Account have the legal right to use the credit/debit card or other payment method used for any transaction within our Platform. You agree to allow Softside to provide your information to any authorized third party processing and handling transactions and orders on our behalf.
Orders. Purchasing an item from Softside is subject to the item’s availability. We reserve the right to adjust, discontinue, or remove listings at any time, including quantity limits, location-based availability, and sales period duration. We reserve the right to reject or cancel all or part of an order for any reason. We may require additional information from you to complete an order.
Shipping & Fulfillment Times. Our production process begins as soon as orders are received. The creation and fulfillment period is approximately two (2) to five (5) business days, and the shipping period is approximately three (3) to seven (7) business days worldwide after fulfillment. Please be aware that these timelines are estimates and may vary per location and item type. Additional slowdowns may occur due to the volume of the order, specific holiday seasons, and/or unexpected production delays. However, it’s our goal to send customers their products as quickly and smoothly as possible.
For non-U.S. orders: if your package has not arrived during the suggested delivery time in your confirmation email/text, please check with your local customs office, as they may be holding it there.
Shipping Fees. Shipping costs will be displayed at check-out and are the responsibility of the customer. Prices may vary based on location and weight of order.
Tax. Applicable sales, use, value added, goods and services, or similar taxes (collectively, “tax” or “taxes”) may be added to merchandise and displayed at check-out where necessary and are the responsibility of the customer.
Merchandise produced in certain locations may be subject to taxes on the producer side, which shall be added to the total production cost that is deducted from Earnings prior to payouts to Creators and Partners.
We are not responsible for any additional custom fees that may be charged to international customers upon import of order.
Import Duties. Some shipments outside of the U.S. may incur additional processing or customs charges upon arrival. The fee varies depending on the order value, country limits, and other factors based on the item itself. These charges are out of our control and the responsibility of the customer. If you have any questions regarding potential import duties, please check with your local customs office.
Shipping Limitations. Our products are shipped worldwide with the exception of certain countries due to legal restrictions and/or shipping limitations. At this time, Softside cannot ship to: North Korea, Russia, Belarus, the Gaza Strip region in Palestine, Ecuador, Cuba, Iran, Syria, and Crimea, Luhansk and Donetsk regions in Ukraine. The ongoing Russian war in Ukraine severely limits our producer’s shipping to Ukraine, and therefore for now we can only ship products to Ukraine that are fulfilled in our producer’s Latvian facility. Furthermore, our producer’s shipping carriers may not be able to offer shipping to certain locations based on natural disasters and other service disruptions. The above list may change periodically.
Listing Accuracy. We aim for the descriptions, images, and information within the listing of our products to be as close to accurate as possible to ensure customers are aware of the product’s material, size, weight, and appearance. However, we cannot guarantee 100% accuracy all of the time and shall promptly assess and rectify any misconceptions, errors, typos, or misrepresentations that we find or that are brought to our attention.
Eco Standards. Incorporating sustainable practices within Softside’s production and shipping processes is important to us. As Softside continues to grow, we are eager to evolve and figure out new & improved ways to run our business in an eco-minded framework. At this time, Softside operates with the following standards:
All products are created and fulfilled on-demand to eliminate inventory waste.
Our producers utilize Kornit printers for production, which use less energy and produce almost zero wastewater with water-based vegan inks that are formulated, tested, and produced in Kornit's own ink factories.
Bags are made of post-consumer recycled (PCR) plastics for orders shipped from most fulfillment facilities.
Our fulfillment partners are located in numerous locations around the world. As a result, we aim to have our products fulfilled in a region close to where it's being delivered (unless there is an inventory limitation, in which case the order will be fulfilled from a different center outside of the customer’s region). This helps cut down on shipping times, which helps reduce the amount of CO₂ emissions produced when transporting orders, as well as minimizes shipping prices for our customers.
Some of our merchandise products may be produced from our collection of eco-friendly materials, which means that the product is created with at least 70% organic or recycled/blended materials. To verify the contents of material, our producers collect valid certificates from suppliers. As proof of organic composition, our producers only accept GOTS or OCS certificates. For recycled composition, our producers accept either GRS or RCS certificates. Material contents will be included in product descriptions.
Our producers are partnered with ethical trade organization Sedex to allow monitoring of supplier compliance and transparency.
Applicable Law. Except as prohibited by law, these Terms, and all disputes between us, shall be governed by and interpreted and enforced in accordance with the laws of the State of New York.
Dispute Resolution
Good Faith Negotiation. At Softside we consider ourselves to be reasonable humans whose goal is to make sure all parties are as happy as possible on our Platform. Any dispute, claim or controversy that may arise in connection with these Terms, our Services, or any of its Content, data, or products, will be first negotiated in good faith between you and us (“Good Faith Negotiation”).
To initiate the dispute process, you must send Softside an individual written notice (“Dispute Notification”) to hello@softsidemerch.com with your full name, phone number, account username & email address, and detailed description of your dispute. Please include any links, images, or other visual information that may support or contextualize your dispute.
Similarly, if we have a dispute with you, we will send a Dispute Notification to the email address associated with your account with the same information.
Once a completed Dispute Notification has been received, the recipient has sixty (60) days to look into the claims by the disputing party.
Either party may request a resolution meeting via video conference or phone call and is allowed to bring legal counsel to support the resolution. Both parties must be prompt with coordinating availabilities and not unreasonably delay or withhold from scheduling the meeting.
An arbitration cannot be filed until the Good Faith Negotiation period has ended, which shall be defined as after sixty (60) days after the Dispute Notification has been received or after the requested resolution meeting has completed, whichever occurs last.
Arbitration. If we are unable to resolve the issue through a Good Faith Negotiation, you and Softside (and any of its affiliated parties) shall agree to submit an arbitration on an individual basis. These arbitration terms are effective July 1, 2024.
Your claim may only be on behalf of yourself, not a class arbitration or action.
You may serve Softside an arbitration demand by mail to: Softside Merch Inc., 275 South 1st Street - Suite 4R, Brooklyn, NY 11211. Our arbitration demands to you shall be sent to the email address associated with your account.
Arbitration in the United States will be handled by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. Arbitration outside of the United States will be handled by the International Centre for Dispute Resolution within its International Expedited Procedures. If the two aforementioned associations cannot or will not administer the arbitration, you and Softside will select another arbitrator (or a court will select another arbitrator if you and Softside cannot agree on one). Arbitration may be handled via videoconference, telephone, or document submission to the fullest extent allowed by the arbitrator if in-person arbitration in New York is not possible. The arbitration will be conducted in the English language. Neither party, not any of its affiliated parties or representatives, may disclose the existence, terms, rules, or results of the arbitration without the prior written consent of all parties, except where required by law.
We both acknowledge that our agreement to arbitrate is governed by the Federal Arbitration Act (“FAA”).
Payment of any fees associated with arbitration shall be governed by the arbitrator’s rules.
Softside will notify users of any material changes to these arbitration terms at least thirty (30) days before they go in effect. You must email us at hello@softsidemerch.com within thirty (30) days of receiving such notification if you do not accept these changes. Notifications received after the thirty (30) days will not be accepted and you will be bound to the new arbitration terms.
Waived Rights. By using arbitration to resolve disputes, we both waive the right to a trial by judge or jury, except if the claim falls within the Small Claims Court description below. You waive the right to bring a class action or claim. All claims must be filed within one (1) year after such claim occurred.
Small Claims Court. We each may seek a claim in our local small claims court instead of arbitration if the terms of the issue are applicable to and remain in a small claims court.
Injunctive Relief. We each may seek injunctive relief to order a stop to an infringement or violation of a party’s copyrights, trademarks, intellectual property, patents, privacy, publicity or other rights. All other disputes must be arbitrated.
Opt Out. You may opt out of this arbitration agreement within the first thirty (30) days after you accept our Terms or within thirty (30) days after the effective date of any revision to these arbitration terms. To opt out, you may send us an email at hello@softsidemerch.com or written notice mailed to Softside Merch Inc., 275 South 1st Street - Suite 4R, Brooklyn, NY 11211, including your full name, username & email address associated with your account, and a written request to opt out of arbitration. If you opt out, neither you nor Softside will be required to arbitrate but all other Terms will otherwise apply.
Disputes with Other Parties. We highly recommend you resolve any disputes with other users of Softside or a third party directly between you and that party. You release Softside and our Released Parties from any claims, disputes, demands, or damages arising out of disputes with other users or third parties. You may contact Softside if you reasonably believe there to be a copyright violation or infringement of your Content within our Platform, as detailed in our “Content Flagging” term herein.
MIscellaneous
Changes to Terms. In our sole discretion, we reserve the right to adjust or discontinue the Platform’s Services at any time. We may amend our Terms of Service and other policies from time to time and, if the changes are material, will alert registered users of such changes via an email notification and/or internal display within our website. If you do not agree with the changes, you may delete your account. Otherwise, your continued use of our Services after the effective date of any changes constitutes acceptance of any modified Terms.
Other Terms. You consent and agree to the additional terms and policies that are applicable to your use of our Services, including our Privacy Policy (HYPERLINKED) and any specific parameters provided by Partners within our Create Merch page. Examples of additional parameters provided by Partners may include use of Assets and other IP-related instructions.
Assignment. You may not assign or transfer these Terms without our prior written consent. Softside may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Access. We do not guarantee that our Platform, Services, or any content within it will be free from any errors, bugs, viruses, omissions, interruptions, or technical issues. At any time, in our sole discretion, we may suspend, change, shut down, remove, or change any part of our website or limit its availability to any person or jurisdiction. We will not be liable to you for any interruptions to our Services for any reason or for any given period. We shall aim to communicate with our users via appropriate communication channels at our discretion, such as email, SMS, or social media, regarding any major access changes or interruptions. Users who access and use our Services outside of the United States do so at their own risk and are responsible for ensuring they comply with all applicable laws, rules and regulations.
Interpretations. If there are any contradictions or conflicts to these Terms in any promotional or advertising materials (including but not limited to digital marketing, e-mail communications, social media posts, and/or other promotional media & communications), the details of these Terms as set forth herein shall remain in force, unless such communications are specifically by Softside and are clearly announcing a change to these Terms.
Invalid Provisions. If any provision of these Terms are found to be void or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall nevertheless be binding upon the parties with the same force and effect as though the void or unenforceable part had been severed and deleted.
Failure to Act. Any failure by Softside to enforce any provision hereunder shall in no way constitute a waiver or affect our right to enforce the same or any other provision of these Terms. The waiver of any such right or provision shall be effective only if written and signed by an authorized representative of Softside. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Indemnification. You agree to defend, indemnify, reimburse, compensate, and hold Softside, its Partners, and any affiliated parties, including employees (whether full-time, part-time, or contracted), representatives, consultants, legal counsel, advertising parties, fulfillment/production partners and related parties, and their respective officers, directors, employees, representatives, designees and agents ("Released Parties") harmless from and against any claims, liabilities, damages, losses, lawsuits, demands, causes of actions, and costs, including, without limitation, reasonable legal fees and other expenses, arising out of or in any way connected to your Content, account, transactions, or use (or misuse) of our Services, including without limitation, sale of any merchandise containing your Content, your negligence or breach of our Terms or any of our policies, or your violation of any law, including any intellectual, privacy, and/or third party rights. You may not settle any claim in any manner that binds us without our prior written consent. You agree to waive any rights to to bring any claim or action against any of the Released Parties for any ambiguity with respect to these Terms.
Liability. You acknowledge and agree that, to the extent permitted by law, our liability is limited and the risk associated with your access and use of our Services and its Content remains with you and/or the parent/guardian managing your account. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Platform, the Released Parties, or any content on it, whether express or implied.
By using our Services, you agree that Released Parties are not responsible for any incorrect or inaccurate information, whether caused by users, tampering, hacking or by any of the web development or programming supporting our Services.
The Released Parties are not responsible for any injuries, harm, or damages, whether personal or property, to you or to your electronic device(s) related to or resulting from using our Services. Released Parties are not responsible for any Content or data that may be erroneously deleted, lost, or corrupt or any lost profits.
You agree to not make any claims or related causes of action against Released Parties due to any human or network errors, technological or system problems, failures, viruses, bugs, or interruptions of any kind in relation to our Services, delays, cancellation, or postponement of our Services or other reasons that cause our Services to not be able to run or access as planned, any negligent or unauthorized act or omission on the part of any of the Released Parties, and/or any change in operations or systems relating to our Services due to reasons beyond our control including but not limited to: any acts of God, regulations/orders made by any governmental entity, equipment failure, war, fire, flood, tornado, earthquake, hurricane or other severe or disruptive weather, embargo, labor strikes, transportation strikes/disruptions that affect movement of merchandise/materials, threatened or actual terrorist acts, insurrection, civil or military disturbances, production issues including material shortage, or other activities/actions out of the control of the Released Parties.
California Users. Under California Civil Code Section 1789.3, California users of online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
New Jersey Users. Our terms regarding indemnification and liability limitations do not apply to residents of New Jersey.
Survival. Our Terms will remain in effect even after your access to our Services is deactivated or terminated or your use of the Service ends.
Contact
To get in touch with Softside, please email us at hello@softsidemerch.com.
