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SPOD Terms and Conditions
This contract (the “Contract”) governs all aspects of the relationship between you (the person or entity placing orders through SPOD’s Service) and Spreadshirt Print On Demand GmbH (“SPOD”), whereby you use SPOD’s Service to place orders with SPOD to print designs on blank textiles and other products (“Products” or "blank Products") at your expense and according to the Fulfillment Information provided by you. In this Contract, this arrangement and all associated websites, plugins, applications, and services for placing such orders as provided by SPOD are described collectively as the “Service.”
SPOD operates two separate platforms: Individual Orders placed at the “SPOD NA Platform” will be printed in and shipped from the United States, whereas Individual Orders placed at the “SPOD EU Platform” will be printed in and shipped from the European Union. When using the Service, SPOD may require you to determine one of the platforms to be used for a specific plugin, application and/or service. The choice of a specific platform may affect the Service also in other ways, including the scope of Products available within the Service, the locations to which Products can be shipped and the prices, the taxes you have to pay when ordering Products, the applicable law for this Contract and the place of jurisdiction and venue in case of disputes between the parties. SPOD will inform you about the further impacts of each platform choice. Moreover, specific sections of this Contract, where indicated, will apply only with regard to the platform determined by you and SPOD’s related performance under this Contract.
The use of the Service is limited to persons or entities, including through any other person acting in their name or on their behalf, who use the Service for purposes relating to their trade, business, craft or profession. This Contract is established between the parties upon completion of registration for a user account with SPOD (“Merchant Account”), e.g. at a website of SPOD or during the installation of a plugin or application provided by SPOD. During such registration, your agreement to the terms of this Contract by your express consent is required. The registration is completed when SPOD grants you access to your Merchant Account.
Currently, the Contract can be concluded in the following languages: English.
SPOD stores the information and the content you provide in your Merchant Account as well as the settings specified by you for the Service and your Merchant Account. You can review such information and settings in your Merchant Account. In addition, SPOD stores the terms of this Contract which are accessible to you at SPOD’s website also after establishing the Contract.
1. Placing Orders with SPOD
(a) Individual Order. An “Individual Order” consists of your request for SPOD to deliver printed Products according to the Fulfillment Information you provide. This Contract governs all Individual Orders unless otherwise agreed in writing.
(b) Fulfillment Information. You must provide SPOD with all information and data necessary for the production and delivery of Individual Orders. Information and data provided by you are hereafter referred to as “Fulfillment Information”. Required fields are indicated in the Service. For example, you must provide a delivery address for the Products, which will usually be your customer’s (“End Customer”) address.
(c) Submitting and Canceling Orders. When you submit an order to SPOD through SPOD’s Service, you are making a binding offer for SPOD to fulfill the Individual Order according to the Fulfillment Information and the terms of this Contract. You may not cancel an Individual Order unless the Individual Order has not begun the printing process.
2. The Service
(a) License to the Service. All intellectual property and other rights, title and interest in and to the Service are reserved. Your use of the Service does not grant you any right, title or interest to these properties, except as follows: SPOD grants you a limited, revocable license to access and use the Service for its intended purposes as described in this Contract, for as long as this Contract is in effect. To the extent that SPOD makes free fonts and designs available to you, SPOD grants you a royalty-free, limited, revocable license to use such content only in connection with the Service and only for as long as this Contract is in effect.
(b) No Ownership. You represent that you will not use SPOD's intellectual property as if it were your own, or in any way which may be confusing, misleading, or deceptive, nor attempt to register such intellectual property in any jurisdiction. You may only use the Service according to SPOD's terms, rules, and guidelines found or referred to in this Contract or agreed between the parties otherwise. SPOD may revoke this license and limit your access to the Service according to this Contract.
(c) Your Account Information. If you do not provide complete, accurate, and up-to-date information in your Merchant Account, this is a material breach of the Contract and SPOD may suspend or terminate your access to the Service. This includes current, valid payment information, your full name as shown on your income tax return, and any other financial or tax-related information SPOD requests. SPOD also requires a valid email address from you so that we can communicate with you. You are solely liable for the consequences of providing incorrect or out-of-date information. Before you submit the Merchant Account registration form, you may check the accuracy of the information you have entered and amend it using the correction tools provided.
(d) Maintenance and Security. You are solely responsible for securing your login credentials against access by third parties, for covering all costs and aspects of the configuration of your software and hardware as needed to use the Service, and for adapting to any later changes to the Service. Do not use the same login credentials of your Merchant Account for other websites and services. If you have reason to believe that third parties have accessed your login credentials, change your password, and notify us immediately.
(e) SPOD Newsletter. We will email you information and tips with regard to the Service ("SPOD Newsletter") from time to time. You can unsubscribe from the SPOD Newsletter at any time. Please note that you will continue to receive contractually relevant information via email.
(f) Acceptable Use Rules. You may not:
(1) interfere with the Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
(2) interfere with, or disrupt the access of any user, host or network, including by using a virus; by overloading, flooding, or spamming the Service; or by engaging in any activity that places a disproportionate burden on the Service (including by automated means) compared to ordinary use from a single, ordinary user; or
(3) engage in any activity that interferes with another user's ability to use or enjoy the Service.
(4) use a robot or other automated means to monitor the activity on or copy information or pages from the Service, except search engines, traffic counters, or similar basic performance monitoring technology;
(5) modify, copy, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Service;
(6) use any meta tags, search terms, keywords, or similar tags that contain SPOD's name or trademarks;
(7) impersonate another person or entity in connection with the Service;
(8) assist or encourage any third party in engaging in any activity prohibited by this Contract; or
(9) use the Service to promote hate speech, obscenity, or any content that SPOD in its sole discretion finds objectionable. You can review our Content Policy here: https://faq.spod.com/hc/en-us/articles/360007962034-Content-Policy
3. Usage, Warranties, and Rights to Designs & Fulfillment Information and Your Usage of the Service
(a) Usage by SPOD. You agree that SPOD and its subcontractors may use the Fulfillment Information to reproduce, create derivative works from, distribute, process, translate, adapt, publish, publicly perform, publicly display, and edit designs; to decorate blank Products; and to process or change any data to ensure conformity with SPOD’s Service and other requirements during the term of this Contract on an irrevocable, non-transferable, worldwide, fully paid & royalty-free, and non-exclusive basis. This Section 3(a) may not be interpreted to grant SPOD any further ownership rights in the Fulfillment Information that SPOD would not otherwise have. Notwithstanding any other provision in this Contract, SPOD may at any time refuse to publish and/or to print your Fulfillment Information or remove the Fulfillment Information from the Service for any or no reason.
(b) Advertising. SPOD is also entitled to use your Fulfillment Information and mention you as a reference for promotional purposes in any and all media now existing or later arising. However, SPOD is under no obligation to mention you in such promotions.
(c) Third Party Intellectual Property Rights and Applicable Laws.
(1) No Violations.
(A) You represent to SPOD that you have all rights necessary
(i) to grant the license above in Section 3(a) (Usage by SPOD),
(ii) to place an order for the printing of Products under this Contract,
(iii) to offer the Products for sale, and
(iv) to display, offer, and sell all content, designs, or other Fulfillment Information relating to the Products,
without infringing the rights of any third parties or any applicable laws.
For example, these rights can be in trademark, copyright, patent, publicity, personal privacy, and any other applicable usage rights.
(B) You further represent that SPOD’s use of the Fulfillment Information will not violate the rights of any third parties or any applicable laws, including criminal laws, privacy laws, and laws protecting minors. You can review some examples here: https://faq.spod.com/hc/en-us/articles/360007652434-Legal-Guidelines-for-Designs.
(C) You further represent that
(i) the websites, shops and services on which you display and/or embed the Products or the Service or any part thereof,
(ii) your advertising activities for the Products and/or the Service as well as
(iii) any other use of the Service by you
will not violate the rights of any third parties or any applicable laws.
(2) Due Diligence. You are solely responsible for ensuring the designs and other Fulfillment Information you submit are free from any violations of law and infringements of third-party rights.
(3) Notification. You must promptly notify SPOD if you receive any claim that any Fulfillment Information or Products infringe or violate third party rights. SPOD may also provide such a third-party claimant with information relating to the origin, production, sales, and distribution of affected Individual Orders.
(4) Possible Actions. If SPOD believes, in its sole discretion, that you are in breach of any of the foregoing representations in this Section 3(c)(1) to (3), SPOD may – in addition to any other rights or claims SPOD may have – immediately suspend or terminate the publication of your Fulfillment Information.
4. Processing Individual Orders
(a) SPOD’s Discretion. SPOD may accept or reject Individual Orders in its sole discretion. SPOD anticipates that it will accept most Individual Orders, but you hereby acknowledge that SPOD may reject an Individual Order for any reason or no reason.
(b) Intellectual Property Violations. In addition to the general discretion above in Section 4(a) (SPOD’s Discretion), SPOD may reject, cancel, or suspend an Individual Order, or suspend or terminate this Contract immediately without prior notice and without any recourse to you if
(1) SPOD receives any notification that any Fulfillment Information violates any law or infringes upon third-party rights;
(2) SPOD believes, in its sole discretion, that the Fulfillment Information violates any law or infringes upon third-party rights, or that you have violated Section 2(f) (Acceptable Use Rules); or
(3) SPOD believes, in its sole discretion, that its continued performance under this Contract poses a legal or other risk (including a public relations risk) for SPOD.
(c) Product Availability. SPOD makes a selection of blank Products available to you for the fulfillment of Individual Orders. SPOD cannot guarantee the availability of products at all times and may change the available products at any time and in SPOD’s sole discretion.
(d) Product Specifications. You understand and agree, that descriptions and information provided by SPOD in the Service with respect to material, color, weight, measurements, design or other features of the Products only serve as an approximate indication for the Products, that SPOD, when processing an Individual Order, is entitled to deviate from such descriptions and information as far as this can be considered reasonable for you and that such deviations are not considered a Product defect. Reasonable cause for variations in the Product features may result from fluctuations customary in trade and technical production processes.
(e) Subcontractors. SPOD may subcontract any of its duties in this Contract. For example, SPOD may use subcontractors to print the blank Products, and SPOD or its subcontractors have full discretion to select various shipping providers for deliveries.
(f) No End Customer Service. You are solely responsible for providing your End Customers, if any, with customer service, including coordinating their requests for refunds, returns, and replacements of Individual Orders you originally placed with SPOD. SPOD generally has no direct contact with End Customers. For information about products that are returned to SPOD or otherwise allegedly defective products, see Section 6(e) (Wrong & Insufficient Address, Unclaimed Shipping) and Section 9 (Defects).
(a) Generally. SPOD sets Product prices and displays these in the Service. Shipping costs are shown separately. SPOD may change prices from time to time in its sole discretion, and such changes will be reflected in the Service.
(b) Price Reductions for High Volumes. SPOD may, in its sole discretion, make different pricing programs available from time to time (for example, SPOD may offer lower prices to you if you place orders exceeding a certain USD or EUR amount in a given time frame). SPOD does not guarantee the availability of such programs and may suspend or discontinue such programs at any time. Details on such pricing programs can be found on SPOD’s website.
(c) Taxes. All prices and costs described in this Contract and the Services are net prices and do not include sales taxes, value-added tax, import value-added tax, or other taxes and duties which you may have to pay in addition. You are solely responsible for paying any taxes that apply to your sale, supply, and delivery of the Products to the End Customer. To the extent SPOD actually pays such costs on your behalf, SPOD may charge you for them. You must provide SPOD current, valid tax-related information SPOD requests, including on your resale certificate or your VAT-ID.
(d) Invoices. You agree to electronic invoicing only. Invoices will be made available in a format chosen in the sole discretion of SPOD and will be downloadable via the Service. If you are in delay with providing tax-related information (including on your resale certificate or your VAT-ID) requested by SPOD or provide incorrect or out-of-date tax-related information, you are not entitled to claim corrections to invoices created by SPOD.
6. Shipping and Delivery
(1) SPOD or its subcontractors will arrange the delivery of Individual Orders to the delivery address you specify in the Fulfillment Information (usually the delivery address of the End Customer). If you do not provide a delivery address with the Fulfillment Information, then SPOD may refuse delivery, or deliver the Individual Orders to your address on file, in SPOD’s sole discretion.
(2) SPOD has the sole discretion to restrict the available countries for shipping, the mode of transport, the shipping service provider, and the type of packaging available for Individual Orders. You may select only from the shipping options which SPOD makes available to you when you place your Individual Order.
(3) You consent to partial deliveries.
(4) If possible, SPOD may state you as the sender of the shipping and your address as the return address.
(b) Costs. You may review shipping costs in the Service. SPOD may change shipping costs at any time in their sole discretion.
(c) Risk of Loss and Delay, Insurance. The risk of Individual Order loss, destruction, and delay passes to you when the Individual Order is handed over to the shipping service provider, forwarder, carrier, or other person tasked with facilitating shipping. SPOD is not obligated to insure Individual Orders in transit.
(d) No Warranties Regarding Delivery Timing. SPOD may provide general estimates of delivery times on its website and in the Service. These are estimates only, and SPOD expressly disclaims all warranties that it will make Individual Orders available to a shipping service provider within any specific time period or that Individual Orders will arrive at any given destination on a specific date.
(e) Wrong & Insufficient Address, Unclaimed Shipping. If a Product is returned by the shipping provider to SPOD without SPOD’s fault (e.g. because you provided a wrong or insufficient address or the shipping went unclaimed), we will contact you and ask you for an updated address and reship the Product to such new address. You will be liable for any costs of a possible storage and/or reshipping of the Product (if and as applicable). If a Product is not reshipped within 90 days after return to SPOD without SPOD’s fault, a reshipping won’t be available anymore and SPOD is entitled, without any further liability to you, to donate the Product to charity or dispose the Product of at your costs.
(f) Export, Import.
(1) Forms and Information. If your Individual Order is subject to customs, you will provide SPOD any necessary shipping information and SPOD will make commercially reasonable efforts to prepare the necessary export documentation when packaging the affected Individual Orders. You acknowledge that with respect to any such Individual Orders neither SPOD, nor its affiliates, nor its subcontractors are deemed to be the importer of any goods.
(2) Costs. If import duties, (import) VAT, customs clearance costs, or other costs and levies are due or may be incurred in accordance with the statutory provisions in the recipient country of your Individual Order, the recipient of the Products must pay these upon receipt. To the extent that SPOD incurs costs related to the export to or import in the recipient country (including duties, charges, taxes (e.g., VAT and sales taxes), or other fees), SPOD may charge you for these costs.
(3) Destinations and Embargoes. You may review the available delivery destinations in the Service. However, if an Individual Order would be delivered to a destination subject to applicable sanctions or an embargo, or to a specifically designated national or blocked person under applicable law, or to any entity, person, or destination that is the subject of a similar restriction, you acknowledge that SPOD is authorized to reject or withdraw from that Individual Order.
7. Payment and Title in Products
(a) Generally. You agree to pay SPOD for the Products, their printing, and delivery of all Individual Orders. Payment must be made in the currency (or currencies) selected by SPOD. Depending on the SPOD platform determined by you for the Individual Order, payment of charges shall be collected and processed as follows:
(1) If you placed your Individual Order at the SPOD NA Platform, Spreadshirt, Inc., 1572 Roseytown Road, Greensburg, PA 15601, United States, +1 (800) 381-0815 (an affiliated company of SPOD) will collect and process payments.
(2) If you placed your Individual Order at the SPOD EU Platform, SPOD will collect and process payments.
(b) Payment Methods. You must provide payment information before SPOD starts to produce an Individual Order. SPOD may make various methods of payment available from time to time (for example, you may provide SPOD with your credit card information), and you may review the available methods in the Service. If your chosen payment method results in additional charges to you (for example from your banking institution), these charges are your sole responsibility.
(c) Payment Failure. If there is a chargeback on your Individual Order, or if your payment method fails for any reason,
(1) SPOD is immediately excused from all duties under this Contract and under the Individual Orders, without prior notice to you, until you correct the error and process any overdue payment(s); and
(2) you agree to pay any and all associated costs caused by the chargeback or your payment failure, including processing fees, costs of collection, and reasonable attorney’s fees, if applicable.
(d) Retention of Title.
(1) The Products delivered by SPOD (“Reserved Products”) remain the property of SPOD until all claims to which SPOD is entitled against you now or in the future have been satisfied, including all balance claims from the current account.
(2) You may use the Reserved Products and resell them in the ordinary course of business as long as you are not in default of payment. However, you may not pledge the Reserved Products as collateral or transfer their ownership by way of security.
(3) In SPOD’s security interest, you hereby assign to SPOD in full your claims (including all balance claims from the current account) for payment against your End Customers from the resale of the Reserved Products and those of your claims in respect of the Reserved Products which arise for any other legal reason against your End Customers or third parties (in particular tort claims and claims to insurance benefits). SPOD accepts this assignment.
(4) You are entitled to collect the claims assigned to SPOD above on your own account and in your own name on SPOD’s behalf as long as SPOD does not revoke this authorization. SPOD nevertheless has the right to collect these claims itself; however, SPOD will not enforce the claims itself and shall not revoke the authorization to collect the claims as long as you duly meet your payment obligations.
(5) If you are in breach of contract, and in particular if you are in default of payment, SPOD is entitled to demand that you (i) inform SPOD about the assigned claims and the respective debtors, (ii) inform the respective debtors of the assignment and (iii) hand over to SPOD all documents and provide SPOD with all necessary information to enforce the claims.
(6) Upon your request, SPOD shall release the securities to which SPOD is entitled insofar as their market value exceeds the value of SPOD’s open claims against you by more than 10%. SPOD may, however, select the specific securities to be released.
8. Data Protection
(a) CCPA “Service Provider” Clause. To the extent that SPOD is subject to the regulations of the California Consumer Privacy Act, this Section 8(a) applies. SPOD will collect, process, and use End Customers’ personal data only in so far as is necessary to perform its duties under this Contract. SPOD may not
(1) sell personal information;
(2) retain, use, or disclose personal information for any purpose other than for the specific purpose of performing the services specified in this Contract; or
(3) retain, use, or disclose the personal information outside of the direct business relationship between the parties.
SPOD certifies that it understands the restrictions above and in Cal. Civ. Code § 1798.140(w)(2)(A) and that it will comply with them. For purposes of this Section 8(a), "consumer," "sell," and "personal information" have the definitions found in Cal. Civ. Code § 1798.140.
(c) You guarantee to SPOD that any of the End Customers’ personal data that you have collected and transmitted to SPOD has been collected in accordance with all applicable legal requirements (E.g., the CAN-SPAM Act, COPPA, GDPR, etc.) and you expressly warrant that SPOD may use all such information to perform its duties under this Contract without violating any laws. You guarantee that you have obtained End Customer consent for information collection and processing in all circumstances to the extent required by applicable law.
(a) Remedies for defective Products. If a Product is defective, SPOD, to the extent permitted under applicable law, has the sole discretion to grant you a refund (including the refund method), credit your account, or replace a Printed Product at SPOD’s expense. In order to request a refund, credit, or replacement, you must send a photograph and a brief explanation of the problem to SPOD within 30 days of delivery at the latest via SPOD’s complaint form as provided within the Service.
(b) Defective Products.
(1) A Product is defective in particular, if, upon passing of the risk (see Section 6(c) (Risk of Loss)), (i) the Product has not agreed quality (especially, if the Product does not match with your Fulfillment Information) or, (ii) to the extent that the quality has not been agreed, the Product is not suitable for the normal use and its quality is usual for products of the same type and which you can expect for such type of products.
(2) For clarification, SPOD will not grant a refund, credit your account, or replace a printed Product solely because
SPOD deviates from Product descriptions and information in accordance with Section 4(d) (Product Specifications);
the Product was unsatisfactory for any reason despite matching the provided Fulfillment Information; or
the shipping provider did not complete delivery or completed delivery late.
In such cases, you must place a new order, or the recipient of the Product must attempt to resolve the delivery dispute with the shipping provider.
(a) Generally. You agree to indemnify, defend, release, and hold SPOD and its affiliates, employees, officers, agents, and subcontractors harmless, without limitation, from any liabilities and costs (including reasonable attorney’s fees) resulting from any claims that arise out of or relate to
(1) your breach of any term, representation, or warranty of this Contract, including for example Section 2(c) (Your Account Information), Section 2(f) (Acceptable Use Rules), Section 3 (Usage, Warranties, and Rights to Designs & Fulfillment Information and your Usage of the Service) and Section 5(c) (Taxes);
(2) liability for taxes, including sales, use, value-added, import value-added, manufacturing, processing, excise or other similar taxes or (export or import) duties; and
(3) the violation of any law, in so far as such claims relate to your Individual Orders, your use of SPOD’s Service, or other acts relating to this Contract.
(b) Management of Defense. SPOD reserves the right to manage its defense of an indemnified claim in its sole discretion, including the selection of its own counsel. You agree to cooperate fully with SPOD in the defense of any claims described in this Section.
11. Disclaimer of Warranties and Limitation of Liability
(a) Disclaimer of Warranties.
(1) As-Is. With respect to this Service, SPOD hereby disclaims any and all express or implied warranties, including warranties of fitness for a particular purpose, merchantability, and non-infringement to the fullest extent of the law, except to the extent that this Contract provides otherwise. SPOD is also not responsible for express warranties made by the manufacturer(s) of blank Products or other third parties (e.g., in their advertisements). SPOD provides the service on an "as-is" and "as available" basis. SPOD does not represent or warrant that the Service or its use:
(A) will be uninterrupted, timely, safe, or secure,
(B) will be free of inaccuracies, errors, or vulnerabilities,
(C) will meet your expectations or requirements, or
(D) will operate in the configuration or with the hardware or software you use.
(2) Assumption of Risk. When SPOD grants you access to your Merchant Account or new features, you agree that you will diligently inspect the features of the online Service without undue delay, insofar as this is reasonable in the ordinary course of business. If you find any material defect in the Service, you must notify SPOD. If you fail to notify SPOD about a material defect, the online Service shall be deemed to be approved by you, unless the defect is one that could not be detected during a diligent inspection. If such material defect becomes apparent at a later date, your notification must be made without undue delay after its discovery; otherwise, the online Service shall be deemed to have been approved also in respect of this defect. With regard to approved features, you agree that (i) SPOD has no responsibility for any damages suffered by you in connection with the online Service, and that use of the online Service, including all content, data or software distributed by, downloaded, or accessed from or through the online Service, is at your sole risk and (ii) you will be solely responsible for any damage to your business or your computer system or any loss of data that results from your actions and your use of the online Service. SPOD does not control or endorse in any respect any information, products, or services offered by independent third parties in connection with the Service and is not responsible for any possible representations and warranties these third parties may make.
(b) Limitation of Liability.
(1) Unlimited Liability. No provision in this Contract shall exclude or limit SPOD’s liability (i) in the event of willful misconduct or gross negligence, (ii) in case of an injury to life, body, and health, (iii) within the scope of a guarantee taken over by SPOD, (iv) in the event that a defect is maliciously concealed, (v) according to the German Product Liability Act, if applicable.
(2) Other Liability. Unless SPOD is liable in accordance with the “Unlimited Liability” section above, SPOD’s liability
(A) from its violation of an essential contractual obligation (an obligation whose fulfillment is a prerequisite for the proper execution of this Contract and the Individual Orders in the first place and whose compliance you regularly trust and may trust) is limited to the compensation of the foreseeable, typically occurring damage to this type of contract, and
(B) shall, in any case, not exceed the total amount of money you have paid for in connection with the Service in the 12 months preceding a claim.
In all other respects, SPOD’s liability is excluded, and SPOD is especially not liable to you for any lost profits or other consequential, special, indirect, punitive, or incidental damages arising out of or relating to the Service, this Contract, or any other agreement or conduct involving you and SPOD, regardless of the cause of action (whether in contract, tort, strict product liability, or otherwise), even if advised of the possibility of such damages.
(3) Scope. In the case of claims for your damages against any of SPOD’s affiliates, and SPOD’s and SPOD’s affiliates’ employees, officers, agents, and subcontractors, the limitation of liability in this Contract shall also apply in favor of such persons.
12. Term and Termination
(a) Generally. This Contract has an indefinite term. The parties may terminate this Contract for any reason or no reason by providing written notice of termination (including via email), which termination becomes effective immediately upon notification. You may also terminate this Contract effective immediately by permanently ending your use of the Service (e.g., by deleting your Merchant Account or uninstalling all applicable SPOD applications or plugins). Termination of this Contract does not affect Individual Orders placed before termination.
(b) Termination For Cause. SPOD may terminate this Contract without any prior notice if you violate Section 2(f) (Acceptable Use Rules), Section 3 (Usage, Warranties, and Rights to Designs & Fulfillment Information and your Usage of the Service), if you materially breach any other agreement (or a surviving duty of an expired agreement) to which you and SPOD are parties, if you become insolvent or cease to do business in the ordinary course, or if you engage in any illegal, unfair, or deceptive business practices or unethical conduct whatsoever (in SPOD’s sole discretion). If Section 13(d)(1) applies and if SPOD terminates this Contract pursuant to this Section 12(b), you waive all rights, including injunctive relief, to contest SPOD’s determination that a termination event has occurred.
(c) Survival. Notwithstanding the above, Sections 2(b) and 2(f) (The Service), Section 3 (Usage, Warranties, and Rights to Designs & Fulfillment Information and your Usage of the Service), Section 5(c) (Taxes), Section 6(c) (Risk of Loss and Delay, Insurance), Section 7 (Payment; especially for orders placed before termination), Section 10 (Indemnification), Section 11 (Disclaimer of Warranties and Limitation of Liability), Section 12(c) (Survival), and Section 13 (Miscellaneous) survive the termination of this Contract.
(a) Entire Agreement. This Contract contains the entire agreement between the parties and replaces all prior oral and written agreements regarding its subject matter. The parties have not relied on any representations or promises relating to the subject matter of this Contract except those contained within the four corners of this Contract.
(1) Any changes of this Contract must be agreed in writing.
(2) Changes to this Contract may also be agreed as follows:
(A) Provided the change is reasonable for you, SPOD is entitled to change the Contract if
(i) the legal, regulatory, economic or technical conditions on which the Contract is based change, or
(ii) SPOD introduces new features to the Service or existing features of the Service are adjusted.
A change is reasonable if it would not significantly disturb the contractual balance between the parties and not result in a significant restriction of the Service.
(B) If SPOD wishes to change the Contract in the cases specified in Section 13(b)(2)(A), SPOD will inform you of this and will offer you the new contract terms no later than 15 days prior to the scheduled effective date of the contractual change. If you do not object to the validity of the new contract terms within 15 days upon receipt of SPOD’s offer by notifying SPOD in text form (including email), then once this deadline passes the changes to the contract shall be deemed accepted by you. Should you object to the validity of the new contract terms in the required manner and on time, the Contract shall continue to be effective unchanged. In such cases, SPOD does however reserve the right to terminate the Contract with you in order to ensure the uniform treatment of all merchants. At the beginning of the 15 days objection period, SPOD will inform you again of your right of objection, the ways in which you can declare your objection, and the intended significance of your behavior.
(c) Waiver. Waivers are only effective when in writing. If a party waives enforcement of a breach of any term of this Contract, later breaches of the same or other terms are not waived. Accepting late performance of any act or late fulfillment of any condition of this Contract is not a waiver of the act or condition itself.
(d) Choice of Law, Disputes.
(1) If you select SPOD’s NA Platform for your Merchant Account, the formation, construction, and performance of this Contract and all Individual Orders must be construed in accordance with the laws of Pennsylvania without regard to its choice of law rules, and without regard to the United Nations Convention on Contracts for the International Sale of Goods of Vienna 1980. If you select SPOD’s NA Platform for your Merchant Account and if any dispute arises between the parties or out of this Contract or any Individual Order, you agree to exclusive personal jurisdiction and venue in the state or federal courts of Pennsylvania; however, SPOD is entitled to submit such a dispute, suit, action or proceeding also to the place of your general jurisdiction and venue. If you file any claims in other venues in contravention of this Section 13(d)(1), or dispute personal jurisdiction in contravention of this Section 13(d)(1), you agree that these filings or arguments must be dismissed immediately and you must reimburse SPOD for all of its costs and reasonable attorney’s fees relating to such filing(s) or argument(s).
(2) If you select SPOD’s EU Platform for your Merchant Account, the formation, construction, and performance of this Contract and all Individual Orders must be construed in accordance with the laws of the Federal Republic of Germany without regard to its choice of law rules, and without regard to the United Nations Convention on Contracts for the International Sale of Goods of Vienna 1980. The terms of this Contract shall not limit your mandatory statutory rights under applicable law. If you select SPOD’s EU Platform for your Merchant Account and if any dispute arises between the parties or out of this Contract or any Individual Order, you agree to exclusive personal jurisdiction and venue in the courts of Leipzig, Federal Republic of Germany; however, SPOD is entitled to submit such a dispute, suit, action or proceeding also to the place of your general jurisdiction and venue.
(e) Notice. To give notice pursuant to this Contract, a party must send written notice to the other Party at the email address provided in the Service. Notices to SPOD must be sent by using the contact form provided in the Service. Unless otherwise specified, notice is deemed to be received at the start of the next full business day (meaning 9:00 am to 5:00 pm in the time zone of the recipient) after it is sent by electronic mail.
(f) No Third-Party Beneficiaries. Unless otherwise provided, this Contract does not and is not intended to confer any rights or remedies upon any person other than the parties.
(g) Interpretation Rules.
(1) “Or” when used in group phrases or nouns intends to include any combination of all or any of the items in the group, and not merely one member or the other of such a group.
(2) When "includes" or “including” begins a list of items, the list is not exclusive.
(3) All headings used in this Contract are for convenience only and are not to be taken into account when interpreting the meaning of any term of this Contract.
(4) “the parties” refers to you and SPOD jointly.
(h) Non-Business Day Grace. If this Contract sets a deadline or requires action on a day that is a Saturday, a Sunday or a general officially recognized holiday in the United States of America, the state of Pennsylvania, or the state of Saxony (Federal Republic of Germany) the deadline or required date of action will be moved to the next regular business day.
(i) Independent Contractor Relationship.
(1) SPOD and You. This Contract does not constitute a joint venture, partnership, agency, employment, or fiduciary relationship between the parties. Neither party nor its agents have any authority to bind the other party, and the relationship of the parties is that of independent contractors.
(2) You and Others. The contractual relationship between you and SPOD exists independently of any contractual relationships you may have with others, including End Customers. The End Customer remains your customer only. Possible risks arising out of the relationship between you and End Customers rest solely with you. For example, you are solely responsible for any VAT and sales taxes that apply to your sales to your own End Customers, if applicable.
(j) Set-off, Right of Retention. You are only entitled to rights of set-off or retention to the extent that your claim has been legally recognized and finally adjudicated, or is uncontested. In addition, you may only exercise a right of retention if your claim is based on this Contract.
(k) Succession and Assignment. This Contract inures to the benefit of and binds the successors, assigns, heirs, executors, and administrators of the parties, for example, in connection with a merger, acquisition, consolidation, change of control, or purchase of all or substantially all of your assets or business. However, you may not assign or delegate any right or duty under this Contract without written consent from SPOD. Any attempt to do so is null and void.
(l) Severability. If any provision of this Contract or an Individual Order is held invalid or unenforceable, the remainder of this Contract or the Individual Order will remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it will remain in full force and effect in all other circumstances.
(m) Shopify-Specific Terms. The following terms apply to this Contract only if you use the Service in connection with Shopify (see https://www.shopify.com/):
(1) Shopify Termination. Note that Shopify may terminate SPOD's access to Shopify at any time, for any reason or no reason. If this occurs, this will result in SPOD's Service being unavailable with respect to Shopify without any prior notice.
(2) Limitation of Liability for Shopify. SPOD is solely responsible for its Service. Shopify is not liable for any fault in the Service or any harm that may result from its installation or use. Except where expressly stated by Shopify, Shopify cannot provide assistance with the installation or use of the Service. Shopify is not responsible for any liability which may arise from: (i) the development, use, marketing, or distribution of or access to the Service, including support of the Service; and (ii) SPOD's access, use, distribution, or storage of Merchant data.
Thank you for your interest in our website and applications. In the following, we will inform you in detail about the processing of personal data when using our website/apps. Personal data means all data that can be personally related to you, e.g. name, address, telephone number, email address or user behaviour.
1.Who is responsible for data processing?
The service provider and party responsible for processing personal data (‘controller’) is Spreadshirt Print On Demand GmbH , Gießerstraße 27, 04229 Leipzig, Germany (hereinafter referred to as “SPOD”). You can reach us using the following contact details:
Telephone: + 49 (0) 341 59 400 5900
Fax: +49 (0) 341 59 400 5499
2.To what extent is personal data processed?
2.1 Collection of personal data when you visit our website
a) Log files
When using the SPOD website for information purposes only, so when you do register or otherwise provide information, we collect the data that your browser transmits to our server. This includes in particular:
- IP address,
- date and time of the request,
- time zone difference to Greenwich Mean Time (GMT),
- name of the requested file,
- access status/HTTP status code,
- volume of data transferred,
- the page from which you came to visit us,
- your operating system and its interface,
- your browser type and the language and version of the browser software,
- a report of successful retrieval
The data is technically necessary for us to display our website to you. It is also evaluated to make the website user-friendly and to ensure stability and security. For this purpose, we partly use the external web hosting service providers Akamai Technologies, Inc. and Amazon Web Services, Inc. In the event that data is also transferred to the USA, both service providers have subjected themselves to the EU-US Privacy Shield (https://www.privacyshield.gov/EU-US-Framework/). The legal basis for the processing is Art. 6(1) Sentence 1(f) GDPR.
b) Cookies and similar technologies
Our website/apps uses the following types of cookies:
- session (transient) cookies,
- long-term (persistent) cookies,
- third-party cookies.
Session cookies store what’s called a session ID, which can be used to assign different requests of your browser to a common session. This allows your device to be recognised when you return to our website. For example, this lets you store certain information you have entered (such as log-in information, language settings) in such a way that you do not have to repeat it constantly. Session cookies are automatically deleted when you log out or close your browser.
Long-term cookies remain on your device for the time being, so that we can recognise your browser on your next visit and we can, for example, assign your preferred information and settings. Long-term cookies are automatically deleted after a specified period, which may vary depending on the cookie.
When you visit our website, our partner companies also store third-party cookies on your device. The cookies contain information about how our website is used, e.g. which pages and products were visited. The data is collected in a pseudonymised form by assigning an identification number, which is not combined with any other personal data you may have provided to us.
2.2 Ordering from SPOD
a) If you want to order something in your sample shop or place orders using our apps, it is necessary for the conclusion of the contract that you give us the personal data we need to process the order. The mandatory data required to process the contract is marked as such; all other data you provide is voluntary.
To prevent unauthorised access to your personal data by third parties, the order process is encrypted using TLS technology.
When we process the data provided by you to process your order, this includes, for example, individual customer service. In the course of order processing, we pass on personal data to one of our production companies within the group, to a shipping company commissioned by us and (with the exception of PayPal) to our bank, ADYEN B.V., Simon Carmiggeltstraat 6-50, 1011 DJ Amsterdam, Netherlands (“Adyen”). The payment data is encrypted and transmitted directly to Adyen.
In the case of trackable parcels, we also pass on your order and address data to parcelLab GmbH, Landwehrstraße 39, 80336 Munich, Germany, to make it possible to track your parcel and to inform you about delivery deviations or delays, for example.
In the case of trackable parcels, we also pass on your order and address data to various service providers, depending on your delivery choices, shipping rates, and your chosen delivery destination.
The legal bases for the processing of personal data as part of order processing are Art. 6(1) Sentences 1(b) and (f) GDPR. Due to commercial and tax regulations, we are obliged to store your order, address and payment data for a period of ten years.
b) During the order process we also conduct a fraud prevention check via our bank Adyen, which involves using your IP address to carry out a geolocalisation and compare your data with previous experience. This may mean that an order cannot be placed with the selected payment method. Our aim in this regard is to prevent any abuse of your chosen payment method by third parties and to protect ourselves from payment defaults. The legal basis for the processing is Art. 6(1) Sentence 1(f) GDPR.
Since this involves automated decision-making, you have the right to challenge the decision (in this case the refusal of a certain payment method) and have the decision reviewed by a person. In such cases we ask that you contact us using the contact details mentioned in Section 1. Please note that the payment method may have been rejected due to a typing error and you should, therefore, check what you have entered again during the order process if necessary.
The legal basis for the processing is Art. 6(1) Sentence 1(f) GDPR.
d) After you place an order, we will process your order and address data to send you a personalised email asking you to rate our products. By obtaining ratings, our aim is to improve our services and adapt them to our customers’ wishes. We use the feedback software of eKomi Ltd, Markgrafenstraße 11, 10969 Berlin, Germany (“eKomi”). For the purpose of sending the feedback email (and in the event that a moderation or conciliation procedure is conducted via eKomi following negative feedback), we pass on your email address, name, order number, product types and a unique ID to eKomi for identification purposes and in order to generate a feedback link.
The legal basis for the processing is Art. 6(1) Sentence 1(f) GDPR. If you no longer want your data to be used for this purpose, you can object to this at any time. Just click on the unsubscribe link included with each email or send a message using the contact details provided under Section 1.
2.4 Communication with SPOD
a) Establishing contact
If you contact us via a contact form, letter, fax, email, social media or telephone, we process the data provided by you for the purpose of processing your enquiry and – only in the legally permissible cases when communicating with entrepreneurs – for advertising purposes. We use the software of Sematell GmbH, Neugrabenweg 1, 66123 Saarbrücken, Germany, to coordinate and process emails, which means that Sematell GmbH gains access to the data. We use the management software of Hootsuite Media, Inc, 5 East 8th Avenue, Vancouver, BC, Canada to coordinate and process enquiries via our social media channels Twitter, Facebook and Instagram. The EU Commission has established the adequacy of the level of data protection in Canada. The legal basis for the processing is Art. 6(1) Sentence 1(f) GDPR. If the aim of establishing contact is to conclude a contract, then an additional legal basis is Art. 6(1) Sentence 1(b) GDPR.
In our blog, where we publish various articles on topics related to our activities, you can post public comments. Your comment will be published along with your chosen username. We recommend using a pseudonym instead of your real name. It is necessary to provide a username and email address, while all other information is voluntary. The necessary information is processed to run the Forum. We need your email address to contact you if a third party should complain that your comment is unlawful. We reserve the right to delete comments if third parties complain that they are unlawful. The legal basis for the processing is Art. 6(1) Sentence 1(f) GDPR.
2.5 Processing of data for web analytics
a) Google Analytics
The IP address transmitted by your browser in the context of Google Analytics will not be combined with other data held by Google.
You can prevent the storage of cookies by selecting the appropriate settings in your browser software; however, please note that if you do this you may not be able to use the full functionality of our website. You can also prevent the data generated by the cookie and relating to your use of the website (including your IP address) from being recorded and processed by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout/. Specifically in the case of mobile devices, you can prevent Google Analytics from recording data by clicking here: Disable Google Analytics. This will place an opt-out cookie which prevents recording when you visit our website in future. Please note that if you delete all cookies on your device, this opt-out cookie will also be deleted; in this case, if you still wish to object then you must place the cookie again using the above button. The opt-out cookie is set per top-level domain, per browser and per device and only prevents the recording of data for this website.
This website uses Google Analytics with the “_anonymizeIp()” extension. Consequently, IP addresses are further processed in shortened form, so that any personal association with the data subject can be ruled out. As far as the data collected about you relates to you personally, that association is therefore ruled out immediately and the personal data thus erased without delay.
We use Google Analytics to analyse and regularly improve the use of our website. The statistics this yields allow us to improve our website and make it more interesting for you as a user. For the exceptional cases in which personal data is transferred to the USA, Google LLC has subjected itself to the EU-US Privacy Shield (https://www.privacyshield.gov/EU-US-Framework). The legal bases for our use of Google Analytics are Art. 6(1) Sentences 1(a) and (f) GDPR.
b) Adobe Analytics
To allow us to analyse and regularly improve the use of our website, our website also uses the Adobe Analytics web analytics service. The statistics this yields allow us to improve our website and make it more interesting for you as a user. For the exceptional cases in which personal data is transferred to the USA, Adobe has subjected itself to the EU-US Privacy Shield (https://www.privacyshield.gov/EU-US-Framework). The legal bases for our use of Adobe Analytics are Art. 6(1) Sentences 1(a) and (f) GDPR.
The analysis involves storing cookies (see Section 2.1 b) on your device. The information collected in this way is stored on servers, including in the USA. We would like to point out that if you prevent the storage of cookies, you may not be able to use this website in its entirety. You can adjust your browser settings to prevent the storage of cookies. You can also prevent Adobe Analytics from recording your data on this website by clicking here: Disable Adobe Analytics. This will place an opt-out cookie which prevents recording when you visit our website in future. Please note that if you delete all cookies on your device, this opt-out cookie will also be deleted; in this case, if you still wish to object then you must place the cookie again using the above button. The opt-out cookie is set per top-level domain, per browser and per device and only prevents the recording of data for this website. How to prevent the recording of your data on other websites is explained on the respective sites and at https://www.adobe.com/privacy/opt-out.html.
Our website uses Adobe Analytics with the settings “Before Geo-Lookup: Replace visitor’s last IP octet with 0” and “Obfuscate IP-Removed”, which removes the last octet from your IP address and replaces it with a generic IP address, i.e. one that can no longer be assigned. Any personal connection can therefore be ruled out.
You can prevent the storage of cookies by selecting the appropriate settings in your browser software; however, please note that if you do this you may not be able to use the full functionality of our website. You can also prevent Hotjar from recording your data on this website by clicking here: Disable Hotjar. This will place an opt-out cookie which prevents recording when you visit our website in future. Please note that if you delete all cookies on your device, this opt-out cookie will also be deleted; in this case, if you still wish to object then you must place the cookie again using the above button. The opt-out cookie is set per top-level domain, per browser and per device, and only prevents the recording of data for this website. How to prevent collection on other websites is explained on the respective site and here: https://www.hotjar.com/legal/compliance/opt-out.
2.6 Advertising activities by SPOD
If you register separately for our newsletter via our website and give us your consent, we will use your email address to send you regular emails about product offers, discounts and contests. To this end, we pass the data on to the software company salesforce.com inc.
The Landmark @ One Market, Suite 300, San Francisco, CA 94105, USA (“Salesforce”), which handles the technical side of the mailing on our behalf.
When you register for our newsletter, we use the so-called double opt-in procedure. This means that after you register we will send you an email to the email address you provided, in which we ask you to confirm that you would like to receive the newsletter. If you do not confirm your registration, your information will be automatically deleted after one month. On the other hand, if you confirm the newsletter subscription, we will save your email address for the purpose of sending you the newsletter until you unsubscribe from the newsletter.
You can revoke your consent to the sending of the newsletter at any time (without this affecting the lawfulness of the processing up to the point of revocation). You can declare your revocation by clicking on the link provided in every newsletter email, by emailing privacy@SPOD.com or by sending a message to the contact details provided in Section 1.
When sending the newsletter, we use Salesforce< to statistically evaluate your user behaviour in order to measure how successful the newsletter is and to optimise its design. To enable this evaluation, the emails contain what are called web beacons or tracking pixels. These are single-pixel image files that establish a connection to our website und thus permit a log file analysis. The web beacons are linked with the data mentioned in Section 2.1 a and an individual ID. The links contained in the newsletter also contain this ID. For example, we can see if and when an email has been opened and which links have been clicked on. The data is stored on the Salesforce servers for 13 months and collected pseudonymously, meaning the IDs are not linked to other personal data at this point, thus ruling out any possibility of direct personal reference. You can object to the recording of your usage behaviour at any time by clicking on the unsubscribe link provided in each email or by informing us using the contact details provided in Section 1. Recording is not possible if you have disabled the display of images in your email settings. In this case, the newsletter will not be displayed to you in full and you may not be able to use all functions. If you choose to display the images manually, recording will take place as described above.
The legal bases for the processing are Art. 6(1) Sentences 1(a) and (f) GDPR.
2.7 Usage-based online advertising
Our website uses various conversion tracking and retargeting technologies made available by other service providers. We use these technologies to make our website interesting for you. The information also helps us to address users who have already shown an interest in our products with individually tailored advertising on the websites of our partner companies. We assume that the display of personalised, interest-based advertising is generally more interesting for the internet user than advertising that has no such personal relevance. At the same time, we want to avoid inappropriate and intrusive advertising.
General information about third-party advertising-based technologies and how to disable them can be found on the following websites, among others:
- Your Online Choices: http://www.youronlinechoices.eu/
- YourAdChoices: http://optout.aboutads.info/?c=2#!/
- Network Advertising Initiative: http://optout.networkadvertising.org/?c=1#!/
a) Use of Google AdWords conversion tracking and Google AdWords remarketing
- Google AdWords conversion tracking
We use Google AdWords, a service of Google LLC (“Google”), to use ads (so-called Google AdWords) to draw attention to our offers on external websites. In relation to the data of advertising campaigns, we can identify how successful the individual advertising activities are. In this way we want to show you advertising that is of interest to you, make our website more attractive to you and achieve a fair calculation of advertising costs.
These ads are deployed by Google via so-called ‘ad servers’. For this purpose, we use ad server cookies, which enable the tracking of certain parameters for measuring success, such as the display of ads or clicks by users. If you arrive at our website via a Google ad, Google AdWords will store a cookie on your device. These cookies usually expire after 30 days and are not intended to identify you personally. Analysis values usually stored for this cookie are the unique cookie ID, the number of ad impressions per placement (frequency), the last impression (relevant for post-view conversions) and opt-out information (marker showing that the user no longer wishes to be targeted).
These cookies allow Google to recognise your internet browser. If a user visits certain pages of an AdWords customer’s website (in this case ours) and the cookie stored on their device has not yet expired, Google and the customer can recognise that the user has clicked on the ad and has been redirected to this site. Each AdWords customer is assigned a different cookie. Cookies cannot therefore be tracked via the websites of AdWords customers. We do not collect and process any personal data in the aforementioned advertising activities. Google merely provides us with statistical evaluations. On the basis of these evaluations we can identify which of the advertising activities used are particularly effective. We do not receive any further data from the use of ads; in particular we cannot identify users on the basis of this information.
Due to the marketing tools used, your browser automatically establishes a direct connection to the Google server. We have no influence on the extent and further processing of the data collected by Google through the use of this tool and therefore inform you according to what we know: By integrating AdWords Conversion, Google receives the information that you have retrieved the corresponding part of our website, or that you have clicked on one of our ads. If you are registered with a Google service, Google can associate the visit with your account. Even if you are not registered with Google or have not logged in, it is possible that Google will obtain and store your IP address.
- Google AdWords remarketing
Besides AdWords Conversion, we also use Google’s remarketing feature. This is a process we use in an attempt to contact you again. After visiting our website, this feature makes it possible to show you our ads when you continue to use the internet. This is done by means of cookies stored in your browser, which Google uses to record and evaluate your usage behaviour when visiting various websites. This is how Google can determine that you have previously visited our website. According to its own information, Google does not combine the data collected in the context of remarketing with your personal data, which may be processed by Google. Specifically, according to Google, pseudonymisation is used during remarketing.
There are various ways in which you can prevent your participation in this tracking procedure:
- By setting your browser software accordingly; in particular, disabling cookies from third party providers means that you will not receive any ads from third-party providers;
- By permanent deactivation in your browser Firefox, Internet Explorer or Google Chrome via the link: http://www.google.com/settings/ads/plugin. Please note that by doing this you may not be able to properly use the full functionality of our website.
- By clicking on the following button: Disable Google AdWords. This will place an opt-out cookie which prevents recording when you visit our website in future. Please note that if you delete all cookies on your device, this opt-out cookie will also be deleted; in this case, if you still wish to object then you must place the cookie again using the above button. The opt-out cookie is set per top-level domain, per browser and per device and only prevents the recording of data for this website.
- By disabling interest-based ads from providers who are part of the “YourAdChoices” self-regulation initiative via the link http://optout.aboutads.info/?c=2#!/; please note that this setting will be erased if you erase your cookies.
The legal bases for the processing of your data are Art. 6(1) Sentences 1(a) and (f) GDPR.
Third-party provider information: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. For further information about privacy at Google, please refer to: https://policies.google.com/privacy?hl=policies and https://services.google.com/sitestats/en.html. Alternatively, you can visit the website of the Network Advertising Initiative (NAI) at: http://www.networkadvertising.org. Google has subjected itself to the EU-US Privacy Shield (https://www.privacyshield.gov/EU-US-Framework).
b) Use of Facebook Custom Audiences, Facebook Website Custom Audiences and Facebook Conversion Tracking
- Facebook Custom Audiences
Our website also uses the Website Custom Audiences remarketing function of Facebook, Inc. (“Facebook”). This allows users of the website to see interest-based ads (“Facebook Ads”) when visiting the social network Facebook or other websites that also use the process. Our intention here is to show you ads that are of interest to you.
Due to the marketing tools used, your browser automatically establishes a direct connection to the Facebook server. We have no influence on the extent and further processing of the data collected by Facebook through the use of this tool and therefore inform you according to what we know: By integrating Facebook Custom Audiences, Facebook receives the information that you have retrieved the corresponding part of our website, or that you have clicked on one of our ads. If you are registered with a Facebook service, Facebook can associate the visit with your account. Even if you are not registered with Facebook or have not logged in, it is possible that Facebook will obtain and store your IP address and other identifying information.
- Facebook Website Custom Audiences
- Facebook Conversion Tracking
We also use the Facebook Pixel on our website to measure the reach of ads. This allows us to track users’ actions after they have seen or clicked on a Facebook Ad. The Facebook Pixel records and reports to Facebook information about the user’s browser session, a hashed version of the Facebook ID, and the URL being viewed. The way it works is comparable to Facebook Website Custom Audiences via the Facebook Pixel, which is already described above. Using the hashed Facebook ID, we can measure the reach and effectiveness of an ad to find out whether you are actually interested in our advertising. This enables us to measure the effectiveness of Facebook Ads for statistical and market research purposes. For us, the data used is not personally identifiable.
You can prevent Facebook from recording your data on this website by clicking here: Disable Facebook Custom Audiences, Facebook Website Custom Audiences and Facebook Conversion Tracking . This will place an opt-out cookie which prevents recording when you visit our website in future. Please note that if you delete all cookies on your device, this opt-out cookie will also be deleted; in this case, if you still wish to object then you must place the cookie again using the above button. The opt-out cookie is set per top-level domain, per browser and per device and only prevents the recording of data for this website. How to prevent the recording of your data on other websites is explained on the respective sites, and if you are a user who has logged in to Facebook, here: https://www.facebook.com/settings/?tab=ads#_.
The legal bases for the processing of data when using the functions specified above are Art. 6(1) Sentences 1(a) and (f) GDPR.
c) Use of LinkedIn conversion tracking and retargeting
- LinkedIn conversion tracking
- LinkedIn website retargeting
Our website also uses the “LinkedIn website retargeting” feature. After visiting our website, this feature makes it possible to show you our ads when you continue to use the internet. Our intention here is to show you ads that are of interest to you. This is done by means of a cookie stored in your browser (see above for more information), which is used to record and evaluate your usage behaviour. No personal information is transmitted to us about individual website visitors, and we can only specifically deploy ads to website custom audiences if the custom audience has reached a critical size. This makes it impossible for us to determine the individual identities of visitors.
There are various ways in which you can disable this tracking. You can adjust your browser settings to prevent the storage of cookies, although this may result in a restriction of the functionality of our website for you. You also can prevent LinkedIn from recording your data on this website by clicking here: http://optout.aboutads.info/?c=2#!/) or e.g. part of the Network Advertising Initiative (http://optout.networkadvertising.org/?c=1#!/); please note that this setting will be erased if you erase your cookies.conversion tracking and website retargeting. This will place an opt-out cookie which prevents recording when you visit our website in future. Please note that if you delete all cookies on your device, this opt-out cookie will also be deleted; in this case, if you still wish to object then you must place the cookie again using the above button. The opt-out cookie is set per top-level domain, per browser and per device and only prevents the recording of data for this website. In addition, you can disable interest-based ads from providers who are part of the “YourAdChoices” self-regulation initiative (
The legal bases for the processing are Art. 6(1) Sentences 1(a) and (f) GDPR.
d) Use of Bing Ads Conversion Tracking and remarketing
- Bing Ads Conversion Tracking
- Bing Ads remarketing
Our online offering also uses the “Bing Ads remarketing” feature. After visiting our website, this feature allows us to show you our ads when you continue to use the internet. Our intention here is to show you ads that are of interest to you. This is done by means of a cookie stored in your browser (see above for more information), which is used to record and evaluate your usage behaviour. No personal information is transmitted to us about individual website visitors, and we can only specifically deploy ads to website custom audiences if the custom audience has reached a critical size. This makes it impossible for us to determine the individual identities of visitors.
There are various ways in which you can disable this tracking. You can adjust your browser settings to prevent the storage of cookies, although this may result in a restriction of the functionality of our website for you. You also can prevent Microsoft from recording your data on this website by clicking here: Disable Bing Ads Conversion Tracking and Remarketing . This will place an opt-out cookie which prevents recording when you visit our website in future. Please note that if you delete all cookies on your device, this opt-out cookie will also be deleted; in this case, if you still wish to object then you must place the cookie again using the above button. The opt-out cookie is set per top-level domain, per browser and per device and only prevents the recording of data for this website. In addition, you can disable interest-based ads from providers who are part of the “YourAdChoices” self-regulation initiative (http://optout.aboutads.info/?c=2#!/) or e.g. part of the Network Advertising Initiative (http://optout.networkadvertising.org/?c=1#!/); please note that this setting will be erased if you erase your cookies. It is also possible to disable interest-based ads at https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads.
The legal bases for the processing are Art. 6(1) Sentences 1(a) and (f) GDPR.
e) Use of Twitter Ads conversion tracking
There are various ways in which you can disable this tracking. You can adjust your browser settings to prevent the storage of cookies, although this may result in a restriction of the functionality of our website for you. You also can prevent Twitter from recording your data on this website by clicking here: Disable Twitter Ads Conversion Tracking . This will place an opt-out cookie which prevents recording when you visit our website in future. Please note that if you delete all cookies on your device, this opt-out cookie will also be deleted; in this case, if you still wish to object then you must place the cookie again using the above button. The opt-out cookie is set per top-level domain, per browser and per device and only prevents the recording of data for this website. In addition, you can disable interest-based ads from providers who are part of the “YourAdChoices” self-regulation initiative (http://optout.aboutads.info/?c=2#!/) or e.g. part of the Network Advertising Initiative (http://optout.networkadvertising.org/?c=1#!/); please note that this setting will be erased if you erase your cookies.
The legal bases for the processing are Art. 6(1) Sentences 1(a) and (f) GDPR.
3.What are my rights?
With regard to the personal data concerning you, you have the following rights vis-à-vis us – and vis-à-vis our partners, insofar as they are controllers within the meaning of the GDPR (see Sections 2.5 e, 2.6 c and 2.7 h):
- the right of access,
- the right to receive a copy,
- the right to rectification or erasure,
- the right to completion of incomplete data,
- the right to restriction of processing,
- the right to object to processing,
- the right to data portability.
You also have the right to lodge a complaint with a data protection supervisory authority about the processing of your personal data by us – or by our partners (see above). The data protection supervisory authority responsible for SPOD is:
Saxon Data Protection Commissioner, Bernhard-von-Lindenau-Platz 1, 01067 Dresden.
If you have given your consent to the processing of your data (within the meaning of Art. 6(1) Sentence 1(a) or Art. 9(2)(a) GDPR), you can revoke this consent with future effect at any time. This does not affect the lawfulness of processing carried out on the basis of the consent before you revoke your consent.
If we base the processing of your personal data on the balancing of interests (Art. 6(1) Sentence 1(f) GDPR), you are entitled to object to the processing. This is the case if the processing is not necessary in particular for the performance of a contract with you, which was described by us in each case with the description of the individual functions. When exercising such a right of objection, we ask that you explain the reasons why we should not process your personal data as carried out by us. In the event that your objection is justified, we will examine the situation and either stop or adjust the data processing or point out to you the compelling legitimate reasons on the basis of which we will continue processing.
However, you can of course object to the processing of your personal data for advertising or web analytics purposes at any time without giving reasons.
As described in the relevant sections, we sometimes use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are regularly checked.
The personal data processed by us is generally erased or blocked as soon as the purpose of storage ceases to apply. Data may be stored for a longer period if this has been provided for by the European or national legislator in EU regulations, laws or other rules to which we as the controller are subject. The data will also be blocked or erased once a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.
Further processing operations may be required for contests and other promotional campaigns. In such cases we will inform you in the context of the respective promotional campaign.
What is SPOD’s return policy?
SPOD will not grant a refund, credit your account, or replace a printed product unless
- the product was misprinted
- the product was damaged (excluding damages during delivery)
- the product does not match the fulfillment information (e.g., the printed image is incorrect or placed incorrectly, the product is the wrong size, color, or type, etc.).
SPOD has the sole discretion to grant a refund (including the refund method), credit your account, or replace a printed product. In order to request a refund, credit, or replacement, you must send a photograph and brief explanation of the problem to SPOD via email at firstname.lastname@example.org within 30 days of delivery.
For clarification, SPOD will not grant a refund, credit your account, or replace a printed product solely because
- it was unsatisfactory for any reason (excluding the matching of the provided fulfillment information)
- the shipping provider did not complete delivery/the delivery was late
In such cases, you must place a new order, or the recipient of the individual order must attempt to resolve the delivery dispute with the shipping provider.
By adding content to spod.com, you confirm that your content does not infringe any laws or third-party rights like copyright, trademark, or personality rights, and that you have reviewed SPOD's DMCA policy. SPOD will close your account according to its DMCA policy if your content receives repeated takedown notices.
Please double check the legal status of your designs. If you are unsure, try to ask for permission to use them.
- We will not print: Unofficial merchandise.
- We will not print: Names, logos, pictures or other intellectual property of musical groups or musical artists.
- We will not print: Names, logos, pictures, or other intellectual property of sports teams, colleges/universities, clubs or organizations such as Boston Red Sox, Girl Scouts of America, or Princeton University.
- We will not print: Characters, images, actors or likenesses from cartoon networks, comic books, video games, movies, and television shows.
- We will not print: Trademarks, names or logos for companies. For example, you cannot use the name Coca Cola, Coke, “It’s the Real Thing”, or the design from the cans.
- We will not print: Photos, caricatures, or other artwork depicting a celebrity. Just because you take a picture of a celebrity, it does not give you the right to use the photo on shirts, even if you alter the photo digitally. Personal rights are still owned even if the person is no longer living.
Discovery of illegal designs
Designs and texts that are suspected to be in violation of the law, including, but not limited to, defamation or copyright violations, will not be printed. If d you believe printing has been denied in error, please send an email to email@example.com that proves ownership of the design, or other valid statement of legality.
If you suspect a design or text of being illegal, please report it to firstname.lastname@example.org. Your personal information will be protected according to our privacy statement. Note that the availability of similar fan art or parody designs on the platform must be evaluated on a case by case basis because some are licensed or subject to other legal exceptions, while others are removed due to legal complaints.
We empower our merchants to express themselves in creating, discovering and selling clothing and accessories with messages they want the world to hear. This also means that you might find certain messages controversial, while others do not.
Of course, there are also standards that we set for our community and we remove designs and/or shops that come to our attention when we find them to be:
- Hate speech
- Inciting violence
- Graphic sexual content
Any products, designs or shops that fall into the above categories will be removed at SPOD’s discretion. In order to balance the needs, safety and interests of a diverse customer and partner base, we may also remove certain kinds of sensitive content or limit its visibility.
In some cases, the context of a message is key for understanding. We encourage our community to be mindful of this and report designs which you think violate our Community Standards. We take each report of a design, product or shop seriously; we research the case thoroughly and consult experts if necessary before taking appropriate action.
We are of course bound by the laws in the countries we are active in. Reported designs, products and shops that violate the law will be removed.
2. Hate Speech
We remove designs and/or shops that come to our attention when we find them to have content that directly attacks people based on their:
- National origin
- Sexual orientation
- Sex, gender, or gender identity, or
- Serious disabilities or diseases
Organizations and individuals dedicated to attacking and promoting hatred against these groups should not find a home on SPOD. As with all of our Community Standards, we rely on you to report this content to us.
We may however allow satire or social commentary related to these topics when that context is clear.
People can use SPOD to challenge ideas, institutions or practices by expressing this on products. This helps promoting debate and greater understanding.
Sometimes people might create, buy, or sell content referencing someone else’s hate speech for the purpose of raising awareness or educating others about that hate speech. When this is the case, we expect the designer to clearly indicate their purpose, which helps us better understand the context.
3. Violent Content
SPOD removes content that comes to our attention which incites violence or is offensive, defamatory or threatening to victims of attacks, catastrophes or crimes.
In some cases, when people create, buy or sell content referencing violence, they are condemning it or raising awareness about it and we may allow that content on SPOD . We will remove graphic and violent content when we find it to celebrate or glorify violence.
4. Graphic Sexual Content
SPOD will remove content that comes to our attention when we find that it contains graphic sexual content, pornography and obscenity, especially in regard to minors. We may also restrict the display and visibility of certain sexual content at our discretion.
Code for Contractual Partners
Spreadshirt is taking care of the production for SPOD. Therefore the Code of Conduct of Spreadshirt applies to all products that have been ordered via SPOD.
This code of conduct is designed to create humane conditions at work worldwide. Contractual partners of sprd.net AG, known as Spreadshirt, obligate to sign this code of conduct and adhere to it if they cannot present a similar document.
1. The Scope of the Code
This Code of Conduct applies to Spreadshirt’s contractual partners as well as their subsidiaries.
2. Legal Compliance
The contractual partners must follow their relative applicable national and international laws, particularly the labor and social laws. In addition, this Code of Conduct, which states the fundamental labor and social standards, is based on the ILO Conventions, the United Nations Universal Declaration of Human Rights, the UN Conventions on the Rights of the Child and on the Elimination of All Forms of Discrimination against Women, as well as the OECD Guidelines for Multinational Enterprises.
The sprd.net Code of Conduct describes only the ensured minimum standards for the protection of employees. If the provisions of national and international legislation and / or industry standards and this Code of Conduct contain rules on the same subject, then the strictest regulations shall apply.
3. Information and Communication
The contractual partners must make the Spreadshirt Code of Conduct freely accessible to all employees in their language and in the relevant work areas.
Contractual partners who operate with third parties (producers, subcontractors etc.) are required to make the Spreadshirt Code of Conduct a central idea of this concrete business relationship.
The contractual partner must designate a specific contact person to handle questions of implementation and observance of this Code of Conduct.
4. Inspection and Monitoring
The business partners agree and understand that the adherence to the minimum requirements and standards of this Code of Conduct can be monitored at any time, either by employees of Spreadshirt or by independent organizations.
a) Working Hours
A work week includes a maximum of 48 hours as well as a maximum of 12 overtime hours. Every employee is entitled to at least one day off from work per week. Overtime will be paid corresponding to the legal regulations or the industry's regional practices, whichever of those has a higher standard.
ILO-Conventions 1 and 14 apply.
b) No Child Labor
Employees must be at least 15 years of age and cannot be less than the age of completion of compulsory schooling. Child labor and the supply of services by children is prohibited. The definition of child labor is determined by the United Nations regulations or the nation's specific applicable regulations, whichever of those is more stringent.
ILO-Conventions 79, 138, 142 and 182 as well as ILO-Recommendation 146 apply.
c) Forced Labor
Employment must be freely chosen and must be established on the basis of employment forms which follow the national laws and procedures. Forced labor, bonded labor or slave labor is not tolerated by Spreadshirt.
Employees’ identity papers may not be retained. The employees may not be prevented from leaving the place of work.
ILO-Conventions 29 and 105 apply.
d) Prison Labor
Prison labor is forbidden.
e) Equal Treatment
Every employee is to be treated fairly and according to the principle of equality. This means that no employee may be discriminated against or preferred according to differences in race, religion, age, social backgrounds, political attitude, gender, sexual orientation or position in the company.
ILO-Conventions 100, 111, 143, 158 and 159 apply.
f) Dignity in the Working Environment
Human dignity is inviolable and therefore to be implicitly respected in the workplace. Forced labor, harassment, physical or mental coercion and degrading methods of discipline or punishment are prohibited.
g) Working Contracts
Employees must receive a written contract for the documentation of their terms of employment. This documentation must indicate at a minimum: Name of the employee, date of birth, place of birth, home address, function, starting date of contract, agreed hours of work, salary and further compensation, probation period (if applicable), holiday entitlements, regulations for the termination of the working relationship (both by employer and employee), date and signature or thumb print of the employee as well as the employer.
In cases of illiteracy, the terms of the contract must be additionally communicated verbally. This is to be documented in writing.
The wages must meet the basic needs of the employee and must never fall below the legally prescribed minimum wage for that country. The employees must receive all benefits mandated by national law, e.g. insurance contributions, premium payments for overtime and paid holidays. Illegal and unauthorized deductions as well as disciplinary deductions are forbidden.
The wages should be provided in accordance with the local common practice.
ILO-Conventions 26 and 131 apply.
i) Occupational Safety
The safety of the employee in the workplace is to be guaranteed. It is the employer's responsibility to ensure this to its full extent. All of the respective nation's current industrial safety regulations are to be complied with, as well as the relevant legal regulations with regard to the exposure to harmful substances. Thus, use of dangerous chemicals, which leave residue and could be harmful to one's health, are prohibited. Similar regulations apply to working conditions with regard to noise levels, fire, sanitation, ventilation, etc. and for the employees' accommodation, if such are provided. Access to First Aid and emergency/evacuation plans must be present. Furthermore, all regulations are to be ensured for the protection the environment.
j) Freedom of Association
The employees may not be prevented from participation in the freedom of association. They have the right to join trade unions or other labor organizations as well as the right to collective bargaining in accordance with local laws.
ILO-Conventions 87, 98, 135 and 154 as well as the ILO-Recommendation 143 apply.
Spreadshirt, Inc. requires that the above provisions are followed by all contractors, employees, subcontractors and other third parties.
The resulting requirements of this Code of Conduct may not be circumvented through the use of contract work, pseudo training programs or similar measures. Under pseudo training programmes are especially those which do not have the objective of propagating employees’ knowledge or skills.
Spreadshirt, Inc. reserves the right to withdraw from the business relationship in the case of any violation of the above. The aim of cooperation would be to clarify problems and, in the possible case of violation, to improve the situation together.
We, the undersigned, attest to having read and understood the contents of the Spreadshirt Code of Conduct, and agree to comply with the resulting obligations. Location, Date, Company Stamp, Signature, Name and Position of the Signatory