Terms of service

AOMVP, LLC

Universal Terms of Service Agreement

Last Revised: July 23, 2015


PLEASE READ THE UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.


1. OVERVIEW

This Universal Terms of Service Agreement (“Agreement”) is entered into by and between AOMVP, LLC, a Hawaii Limited Liability Company (“AOMVP”) on one hand and you on the other hand, and is made effective immediately upon visiting this website (located at www.aomvp.com) and all subdomains (the website and all subdomains of the website collectively referred to herein as the “Site”).  This Agreement sets forth the general terms and conditions of your access and use of this Site and the products and services (“Services”) found at this Site, and supplements any specific terms and conditions that apply to the particular Services you purchase or access through this site. 


Your accessing and use of the Site is deemed to be an electronic acceptance of this Agreement and signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following AOMVP policies, which are incorporated herein by reference: (1) Privacy Policy; (2) Designer Information; and (3) Client Information.


The terms “we”, “us” or “our” shall refer to AOMVP.  The terms “you”, “your”, “User” shall refer to any individual, entity or Third Party (as defined infra) who accesses and uses this Site and thereby accepts this Agreement.  Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.


AOMVP may, in its sole discretion, modify this Agreement or discontinue any aspect of this Site or Services found at this Site including without limitation, prices, fees, and the  AOMVP policies (incorporated herein) at any time, and such modifications shall be effective immediately upon the sending of an email advising you of such modifications (your opening and/or review of the email is not necessary requirement in order for the modifications to be deemed effective).  Notwithstanding the provisions contained within this paragraph, AOMVP may not reduce your Royalty percentage (as set forth in Section 2, infra) without your written consent.


2. YOUR ROYALTY

As consideration for the rights granted to AOMVP by you under the terms of this Agreement, AOMVP shall provide to your Account (as defined infra) a royalty of twenty (20%) of all Gross Revenue (as defined infra) generated from your licensed product sales in the AOMVP store (the “Royalty”).  You shall not be entitled to any royalties other than the Royalty and agree to waive any claim to royalties based on the sale of products in the AOMVP store that are associated with any other individual, corporation or company. No payments made to your account shall be affected, diminished or supplemented by any third party agreements.


“Gross Revenue” shall be defined as the proceeds actually received by AOMVP for the sale of your branded merchandise through AOMVP's platform at the Site, minus refunds, charge backs or fraudulent transactions requiring a refund of Gross Revenues previously received. AOMVP will provide you with a reporting of Gross Revenue on the Site. Royalty payments shall be made by AOMVP to you at least quarterly, and the reporting of your Gross Revenues will be updated at least monthly.


3. ELIGIBILITY; AUTHORITY

By using and accessing this Site and the Services found at this Site, you represent and warrant that you have the full right, power and authority to form legally binding contracts on behalf of yourself or the principal you represent as the principal’s agent, and agree that you shall comply with applicable law.  By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.


If you are entering into this Agreement on behalf of another individual, a client, an athlete whom you represent, a partnership, limited liability company or corporate entity (“Third Party”), you represent and warrant that you have the actual, legal authority to bind such Third Party to the terms and conditions contained in this Agreement, in which case the terms “you”, “your” or “User” shall refer to such Third Party. AOMVP reserves the right, on a case by case basis, to require additional documentation from any person representing a Third Party to affirmatively show a legal agency relationship. If, after your electronic acceptance of this Agreement, AOMVP discovers that you do not have the legal authority to bind such Entity, you will be held personally liable for the obligations and duties contained in this Agreement, including, but not limited to, any obligations concerning the payment of monies.  AOMVP shall not be liable for any loss or damage resulting from AOMVP’s reliance on any instruction, notice, document or communication reasonably believed by AOMVP to be genuine and originating from an authorized representative of such Third Party and you agree to indemnify AOMVP from all costs, expenses and losses (including reasonable attorney fees and costs) incurred based on any breach of any representation, warranties or covenants in this Agreement by you, including the misrepresentation by you concerning your role as the agent for a Third Party.  If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, AOMVP reserves the right (but undertakes no duty) to require additional authentication from you to demonstrate a legal and binding agent/principal relationship.


4. ACCOUNTS; TRANSFER OF DATA ABROAD

Accounts.  In order to access certain features and Services associated with this Site, you will have to create an account (“Account”). There is no charge specifically associated with the creation of an Account to be a Designer/Creative (“Designer”) or Client/Buyer (“Buyer”).  You represent and warrant to AOMVP that all information you submit in connection with the creation of your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete, and make modifications as necessary.  If AOMVP has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, AOMVP reserves the right, in its sole and absolute discretion, to suspend or terminate your Account and has no obligation to provide you with any notice of suspension or termination of your Account.  You are solely responsible for the activity that occurs on and in connection with your Account, whether authorized by you or not, and you will keep your Account information secure, including without limitation your username, password and bank account information.   You will immediately notify AOMVP of any breach of security or unauthorized use of your Account.  AOMVP will not be liable for any loss you incur due to any unauthorized use of your Account.  You, however, may be liable for any loss AOMVP or others incur due to actions associated with your Account, whether caused by you or by an unauthorized person.


Transfer of Data Abroad.  If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries.  By visiting this Site and communicating electronically with us, you consent to such transfers.


5. GENERAL RULES OF CONDUCT

You Acknowledge and agree that:


i. Your use of this Site and the Services found at this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.

ii. You will not impersonate another User or any other person or entity, or submit content on behalf of another User or any other person or entity, without their express prior written consent.

iii. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined infra) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.

iv. You will not use this Site or the Services found at this Site in a manner (as determined by AOMVP in its sole and absolute discretion) that:

Is illegal, or promotes or encourages illegal activity;

Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;

Promotes, encourages or engages in child pornography or the exploitation of children;

Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;

Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;

Infringes on the intellectual property rights of another User or any other person or entity;

Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;

Interferes with the operation of this Site or the Services found at this Site;

Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or

Contains false or deceptive language, or unsubstantiated or comparative claims, regarding the AOMVP Site or its Services

v. You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by AOMVP.

vi. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.

vii. You will not access AOMVP Content (as defined infra) or User Content through any technology or means other than through the Site itself or as AOMVP may designate.

viii. You will not use this Site or the Services found at this Site, including any of AOMVP’s related technologies, for any commercial use without AOMVP’s express prior written consent.

ix. You own any elements of text, graphics, photos, designs, trademarks, or other artwork used in connection with your store on AOMVP and/or used in connection with the artwork you develop for others to be used as a part of the AOMVP platform.

x. You will maintain the confidentiality of AOMVP’s source materials, technical and marketing plans and all other sensitive information furnished to you by AOMVP.



6. YOUR USE OF AOMVP CONTENT AND USER CONTENT

In addition to the restrictions and conditions described in various provisions within this Agreement, the following restrictions and conditions apply specifically to your use of AOMVP Content and User Content.


AOMVP Content. Except for User Content, the content on this Site and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“AOMVP Content”), are owned by or licensed to AOMVP in perpetuity and throughout the world, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of AOMVP.  No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by AOMVP to you as a result of this Agreement. All rights not expressly conveyed to you under this Agreement are reserved by AOMVP.


User Content.  Certain features associated with this Site and/or the Services found at this Site may allow Users to view, post, publish, share, store or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, or other content, including but not limited to graphic design, photos, artwork (together with User Submissions, “User Content”).  By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to AOMVP that (i) you have all necessary rights to distribute User Content on this Site or on the Services found at this Site, either because you are the author or originator of the User Content and have the right to distribute same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party.



Disputes.  You understand and agree that AOMVP will not be involved in disputes between any Designer and Buyer, and further waive your right to name AOMVP as a party in a lawsuit or arbitration concerning such a dispute.  You agree to execute any reasonably required documentation providing the lawful transfer of ownership and control of the selected (‘winning’) Design to the Buyer who has paid the agreed upon value for that Design.  


Security.  You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use of copying of any AOMVP Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the AOMVP Content or the User Content therein.



6. AOMVP’S USE OF USER CONTENT

Generally.  You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account (whether said submissions where authorized by you or not), and the consequences of, and requirements for, distributing it.


With Respect to User Submissions.  You acknowledge and agree that:


i. Your User Submissions are entirely voluntary and not made under duress or due to harassment.

ii. Your User Submissions do not establish a confidential relationship between you and AOMVP or obligate AOMVP to treat your User Submissions as confidential, proprietary and/or trade secrets.

iii. AOMVP and/or Buyer has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.

iv. AOMVP may be working on the same or similar content, it may already know of such content from other sources, it may wish to develop this (or similar) content on its own, or it may have taken / will take some other action.


AOMVP and/or Buyer shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted, worldwide and perpetual use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgement or compensation to you or anyone else, except as explicitly set forth in this Agreement.


With Respect to User Content (Other than User Submissions).


If you post or publish User Content to this Site, you hereby grant AOMVP a worldwide, non-exclusive, royalty-free, sub licensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, copy and utilize your User Content in connection with this Site, including without limitation for advertising, marketing and promotion and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party.  You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you explicitly designate “private”.)


7. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

AOMVP generally does not pre-screen User Content and has no obligation to pre-screen said content.  However, AOMVP reserves the right (but undertakes no duty) to do so and unilaterally decide whether any item of User Content is appropriate and/or complies with this Agreement.  AOMVP may remove, at its own discretion and without requirement of providing notice, any item of User Content and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by AOMVP in its sole and absolute discretion), at any time without prior notice.  AOMVP my also terminate a User’s access to this Site or the Services found at this Site if AOMVP has reason to believe the User is a repeat offender. If AOMVP terminates your access to this Site or the Services found at this Site, AOMVP may, in its sole and absolute discretion, remove and destroy all data files stored by you on its servers.


8. ADDITIONAL RESERVATION OF RIGHTS

AOMVP expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services that it deems necessary, in its sole and absolute discretion, (i) to comply with applicable local, state, national and international laws, rules and regulations, (ii) to comply with requests of law enforcement, including subpoena requests, (iii) to comply with any dispute resolution process, (iv) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (v) to avoid any civil or criminal liability on the part of AOMVP, its officers, directors, employees, agents, or affiliates.


9. NO SPAM; LIQUIDATED DAMAGES

You agree AOMVP may immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated, then you agree to pay AOMVP liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account. 


10. TRADEMARK AND/OR COPYRIGHT CLAIMS

AOMVP supports the protection of intellectual property.  If you would like to submit (i) a trademark infringement and/or dilution claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bonafide copyright, please refer to AOMVP’s Trademark and/or Copyright infringement Policy referenced above.


11. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by AOMVP, including but not limited to social-network sites like Facebook, Twitter, Instagram and Pinterest.  AOMVP assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites.  In addition, AOMVP does not censor or edit the content of any third-party websites.  By using this Site and the Services found at this Site, you expressly release AOMVP from any and all liability arising from your use of any third-party website.  Accordingly, AOMVP encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents for each other website you may visit. 


12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS.” AOMVP, ITS OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, LAWYERS AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  AOMVP, ITS OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, LAWYERS AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND AOMVP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.


IN ADDITION YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY AOMVP, ITS OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, LAWYERS AND AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.


THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.


13. LIMITATION OF LIABILITY

IN NO EVENT SHALL AOMVP, ITS OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, LAWYERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING, OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AN/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT AOMVP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.


IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL AOMVP’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.


THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OF EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

 

14. IDEMNITY

You agree to protect, defend, indemnify and hold harmless AOMVP and its officers, lawyers, managers, members, executives, independent contractors, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorney’s fees) imposed upon or incurred by AOMVP directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the AOMVP policies which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right.  The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.


15. SALES AND TAXES

If you place content on this Site for potential sale, you agree to provide true, accurate and complete information.  You are entirely responsible for all content that you provide or otherwise make available via this Site.  You also warrant and represent that you own or otherwise control all of the legal rights to such content including all the rights necessary for you to use and sell the content on this Site.


You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for or by certain persons or in certain countries.


The Buyer is responsible for paying the cost for Services requested and any related fees (as defined infra). In the case of design work, The Buyer is given seven (7) days upon completion of Services to select a winning Designer so that AOMVP may release the appropriate funds to that winning designer. AOMVP reserves to right to release funds to the winner should the Buyer fail to authorize release of the funds within the time frame referenced above. 


You are responsible to pay, (and agree to indemnify and hold AOMVP harmless from and against) any taxes imposed by any governmental authority arising out of or relating to your activities under this Agreement. Accordingly, no taxes of any kind shall be withheld from you by AOMVP.


You will be responsible to pay, will pay directly, and agree to indemnify and hold AOMVP harmless from and against, any fees, monies, or consideration due to your agents, advisors, managers, accountants, financial planners, partners, assigns or representatives arising out of or relating to your Royalty received and/or any other activities under this Agreement. AOMVP shall only be liable to the account holder for the Royalty. You will not be entitled to receive any compensation or payments from AOMVP other than the Royalty and subject to the terms and conditions as set forth in the remainder of the Agreement.


Specific Rules.  

DESIGN: The Designer agrees to provide the Buyer with a vector file in .EPS format as well as a .JPG of the winning Design.  The Designer also agrees to provide additional variations upon written request, including: White background, colored background, black and white, and solid colors.  Additional requested formats can include .AI and .PNG. All deliverables are referenced herein as “Design” and variation requests are required to take place within two (2) weeks of Buyer selecting a winner.

REPRESENTATION: The Designer represents that, other than the materials provided to the Designer from the Buyer, the Design is a wholly original artwork and was not copied in part or whole from any existing Design work or other entities that would otherwise violate any intellectual property law or any other law or right belonging to a third party.  The Designer represents that he/she is the sole author/owner of the Design, and the Design does not violate any patents, trademarks, service or copyrights of another person, form or entity.

TRANSFER OF OWNERSHIP: The Designer, upon purchase by the Buyer, thereby irrevocably transfers all rights, ownership, intellectual property interest and legal title of the Design (and its parts) to the Buyer.  The Designer will not use the Design in any further derivative work (except for display as an example of the designer’s work for portfolio purposes as indicated herein) nor offer to resell the Design to anyone else, as the Buyer obtains sole and exclusive ownership to the Design as consideration for the purchase.  If the Services provided were designated “Private”, the Designer must seek either written or email permission from the client to display the winning design in his/her portfolio. AOMVP retains a non-exclusive, royalty free, worldwide, irrevocable, perpetual license for promotional purposes with respect to usage of all Designs on the AOMVP platform and promotion and/or advertisement or related purposes for AOMVP.


16. FEES AND PAYMENTS

The Buyer will pay for the Services with a valid, non-expired credit card or through an operable PayPal Account (as defined infra).  The Buyer agrees to pay any fees due for Services purchased at this Site at the time the Buyer orders the Services.  All fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. Designer will receive the listed design fee paid by Buyer to AOMVP. AOMVP will forward the net funds to Designer once the final artwork is approved by the Buyer.   


As indicated above, AOMVP, in its sole discretion, expressly reserves the right to modify its prices and fees at any time and such modifications shall be effective immediately as of the date indicated by the “Last Revised” date at the top of this Agreement.


A valid credit card is required as a “Payment Method”.  AOMVP will automatically deduct the full amount due at the start of any request for Services.      


AOMVP reserves the right to charge you a reasonable administrative fee for tasks outside the scope of its regular Services, including additional costs that may include, but are not limited to, customer service issues that cannot be handled over email, but require personal service, fees incurred by third-party payment providers, including PayPal, and disputes that require legal services.  These charges will be billed via the Payment Method we have on file for you.  Your Payment Method must be kept valid and current at all times.


If for any reason AOMVP is unable to charge your Payment Method for any amount owed or if AOMVP is charged a penalty for any fee it previously charged your Payment Method, you agree that AOMVP may pursue all available legal remedies in order to obtain payment and that you will reimburse AOMVP for any attorney fees and costs incurred to obtain payment.


While all transactions are processed in U.S. dollars, AOMVP may provide an estimated conversion price to currencies other than U.S. dollars.  You acknowledge and agree that the pricing displayed during the checkout process is an estimate.  Due to potential time delays between actual purchase and the payment settlement, the actual design fee awarded may fluctuate.  AOMVP makes no representations or warranties that the estimated fee will be the same or substantially similar to the actual amount listed.  You agree to waive any and all claims based upon any discrepancy between the estimate and the actual fee collected and prize awarded.  

 

Payments are issued to winning Designers via PayPal.  A valid PayPal account is required in order to collect fees from AOMVP.  AOMVP does not have the obligation to offer payment options other than those expressly listed in this Agreement.


17. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.


18. NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.


19. U.S. EXPORT LAWS

This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administration acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”, State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws.  None of the Services found at this Site may be downloaded or otherwise exported or re-exported.


If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws.  If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site.  The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site. 


20. COMPLIANCE WITH LOCAL LAWS

AOMVP makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited.  Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.


21. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY

This Agreement shall be governed by and construed in accordance with the federal law of the United States and the state law of Hawaii, whichever is applicable, without regard to conflict of laws principles.  You agree that any action relating to or arising out of this Agreement shall be brought in the state or federal courts of Honolulu, Hawaii, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Honolulu, Hawaii.  You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.


22. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not in any way be utilized to construe or interpret the agreement of the parties as otherwise set forth herein.  Each covenant and agreement in this Agreement shall for all purposes be construed to be a separate and independent covenant or agreement.  If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

23. CONTACT INFORMATION


If you have questions about this Agreement, please contact us by email at the following address: info@AthleteOriginals.com