Terms Of Use
Terms of Use
Please read carefully before using this website.
1. Introduction
1.1 Welcome to the Thread Drops website, www.threaddrops.co.uk. These terms of use apply to all users of the Thread Drops and related websites, including visitors, shoppers, and independent artists who submit designs. By using these websites, you signify that you have read, understand, and agree to be bound by (1) these Terms of Use; (2) Privacy Policy; (3) Artist Agreement; and (4) any other documents incorporated in the Terms of Use, Privacy Policy, or Artist Agreement (collectively, the “Terms”). If you do not agree to any of the Terms, please do not use the Thread Drops website.
1.2 Thread Drops may make changes to the Terms from time to time. If we change the Terms of Use, we will post the revised terms here. Any other changes will be posted to the applicable website link. As Thread Drops may make changes at any time without notifying you, it is your responsibility to review the Terms for any changes.
1.3 The Terms of Use that exist at the time of a particular visit to the Thread Drops website govern your use at that time. Areas of the Thread Drops website may have different terms posted, and if there is a conflict between these Terms of Use and the terms posted for a specific area of this website, then the latter will govern your use.
1.4 You affirm that you are either more than 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Thread Drops website is not intended for children under 13. If you are under 13 years of age, then please do not use the Thread Drops website.
2. Thread Drops Accounts
2.1 In order to access some features of the website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account login information secure. You must notify Thread Drops immediately if you become aware of any unauthorized use of your account or any other breach of security regarding your account.
2.2 Thread Drops cannot and will not be liable for your losses or damage caused by any unauthorized use of your account. And you may be liable for the losses or damage of Thread Drops or others due to such unauthorized use.
3. Design Submissions
3.1 Independent artists who are Thread Drops account holders may submit unsolicited designs to Thread Drops. Thread Drops may, in its sole discretion, select unsolicited designs and sell clothing bearing the designs. The independent artists who submit the designs will receive commissions on the clothing sold, as set forth in the Artist Agreement, which is hereby expressly incorporated herein.
3.2 All independent artists who submit unsolicited designs to Thread Drops must read and abide by the Artist Agreement. You understand that Thread Drops does not guarantee any confidentiality with respect to any unsolicited design you submit.
4. Intellectual Property of Others
4.1 Intellectual property (“IP”) includes patents, copyrights, trade secrets, trade dress, trademarks, and rights of publicity. Thread Drops respects the IP rights of others and asks you to do the same. When using and interacting with Thread Drops and the Thread Drops website, you may not post, submit, modify, distribute, or reproduce in any way any material (including any unsolicited design) that infringes an IP right belonging to another.
4.2 Thread Drops acknowledges that unsolicited designs submitted by independent artists may refer to the IP rights of others. It is Thread Drops’ policy to select such unsolicited designs only if the designs are new, original, and/or transformative works that parody, satirize, or provide social commentary on the IP rights of others. In other words, to be selected by Thread Drops, such unsolicited designs must make “fair use” of the IP rights of others under applicable laws in both the UK and USA.
4.3 If you are a copyright owner and believe that material has been posted on the Thread Drops website in a way that infringes one or more of your copyrights, you may submit a DMCA or CDPA takedown notification to Thread Drops. Please refer to Thread Drops’ DMCA/CDPA Policy, which is hereby expressly incorporated herein, for more information.
4.4 If you are an independent artist in receipt of a DMCA or CDPA takedown notification and believe that your design has been removed from or disabled on the Thread Drops website as a result of mistake or misidentification of the material to be removed or disabled, such as fair use, you may submit a counter-notification to Thread Drops. Please refer to Thread Drops’ DMCA/CDPA Policy for more information.
4.5 Thread Drops is not responsible for the IP rights of or relating to unsolicited designs on the Thread Drops website. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Thread Drops with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Thread Drops, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Thread Drops website.
5. Artist's Intellectual Property and Trademarks
5.1 Ownership of Artwork
5.1.1 Artists retain ownership of their submitted designs. By submitting a design to Thread Drops, you grant Thread Drops a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, and display the design on our website and on products for sale.
5.1.2 Artists are responsible for ensuring that their designs do not infringe on any third-party IP rights. Thread Drops will not be held liable for any IP infringements related to artist-submitted designs.
5.2 Trademarks
5.2.1 Thread Drops does not own any trademarks. Any product names, logos, brands, and other trademarks or images featured or referred to within the Thread Drops website are the property of their respective trademark holders. These trademark holders are not affiliated with Thread Drops.
5.2.2 Independent designers may not use the Thread Drops name or logo without prior written permission from Thread Drops.
6. Website Access and Use
6.1 The Thread Drops website and all Content associated therewith are provided by Thread Drops AS IS as a service to current and prospective customers, independent artists, and visitors to the Thread Drops website. Thread Drops hereby grants you a limited license to use the Thread Drops website and the Content, subject to the following restrictions: (a) your use of the website and the Content is for personal use and is not for any commercial purpose beyond what is permitted by the Terms; (b) you do not copy, download, or print any aspect of the website or the Content beyond what may be reasonably necessary for proper use of the website for its intended purpose; (c) if you copy, download, or print any aspect of the website or the Content, you do not remove or modify any copyright notices or other proprietary notices displayed on the website or the Content; (d) you do not distribute, alter, or modify any aspect of the website without Thread Drops’ prior written authorization; and (e) you otherwise comply with these Terms in all respects. No right, title or interest in Thread Drops’ Content is conveyed to you. The foregoing is a limited license, not a transfer of title to Thread Drops’ Content. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of the Content is prohibited.
6.2 Prohibited commercial purposes include, without limitation, any of the following actions: sale of access to the Thread Drops website or the Content on another website; use of the Thread Drops website or the Content for the primary purpose of gaining advertising or subscription revenue; the sale of advertising targeted to the Content; and any use of the Thread Drops website that Thread Drops finds, in its sole discretion, to use the Thread Drops Content with the effect of competing with or displacing the market for Thread Drops, the Content, or the selected designs of independent artists.
7. Prohibited Uses
7.1 You shall not post, transmit, redistribute, upload, or promote any communications, content, or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals, or entities; (e) impersonate any person, business or entity, including our company and our employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of Thread Drops, restricts, impairs, interferes or inhibits any other user from using or enjoying the Thread Drops website and/or our related services and products.
7.2 You agree not to use or launch any automated system, including without limitation, “bots” or “robots,” “spiders,” or “offline readers,” that accesses the Thread Drops website in a manner that sends more request messages to the Thread Drops servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, Thread Drops grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Thread Drops reserves the right to revoke these exceptions either generally or in specific cases.
7.3 You agree not to circumvent, disable, or otherwise interfere with security-related features of the Thread Drops website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Thread Drops website or the Content therein.
7.4 You agree not to collect or use any personal information from the Thread Drops website, as that term is used and/or defined in Thread Drops’ Privacy Policy. Personal information includes, but is not limited to, the names, account names, and contact information of other users. Additionally, you agree not to use the communication systems provided by the website (including account messaging and the Thread Drops forums) for any commercial purposes. You agree not to solicit, for commercial purposes, any independent artists with respect to their unsolicited designs.
8. Links to Third Party Sites
8.1 The Thread Drops website may contain links to websites controlled by third parties. Thread Drops provides these links merely as a convenience and is not responsible for and does not endorse, adopt, agree with, or accept any responsibility over the contents or use of these websites. Access to other websites is at your own risk, and Thread Drops expressly disclaims any responsibility for the content of any third-party sites linked to this site. You should take precautions to ensure that whatever you select for your use is free from viruses, worms, trojan horses, and the like. You should also refer to the policies posted by the other websites regarding privacy and other topics before you use them. Thread Drops is not responsible for third-party content accessible through this website, including opinions, advice, statements, and advertisements, and you assume all risks associated with your use of this content. If you choose to purchase products or services from a third party, your relationship is directly with the third party. Thread Drops makes no representation or warranty as to any third-party products or services.
8.2 Accordingly, Thread Drops encourages you to be aware when you leave the Thread Drops website and to read the terms and conditions and privacy policy of each other website that you visit.
9. Electronic Communications
9.1 You consent to receive communications from Thread Drops electronically. Thread Drops may communicate with you by email, by a message sent to your Thread Drops account, by posting a notice on the Thread Drops website, by social media message, or by any other digital means. You agree that Thread Drops’ electronic communications to you will satisfy any legal requirement that such communications be in writing.
9.2 Any feedback or comments you provide with respect to the website will be treated as non-confidential, and we are free to use such information on an unrestricted basis. Requests for information regarding services or user accounts submitted through the website will be treated in accordance with the Privacy Policy.
10. Privacy
10.1 Thread Drops respects your privacy. Thread Drops’ Privacy Policy describes what information Thread Drops collects about you during your visit to the Thread Drops website and what Thread Drops does with that information. Thread Drops’ privacy policy governs Thread Drops’ collection, use, and disclosure of the personal information and non-personal information that you provide to Thread Drops, as well as communications between you and Thread Drops.
10.2 You must review the Privacy Policy carefully to make sure you understand our practices and procedures. If you have any questions or comments regarding this Privacy Policy, please contact us.
11. General Terms
You agree that, in your use of the Thread Drops website, you will comply with all applicable laws.
11.1 Disclaimer
11.1.1 Every effort has been made to ensure the accuracy of the information presented. However, Thread Drops assumes no responsibility for the accuracy of the information contained in this website. Product information is subject to change without notice and in the sole discretion of Thread Drops. Thread Drops may make changes to this website at any time without notice. Mention of non-Thread Drops products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation.
11.1.2 ALL CONTENT, MATERIAL, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, THREAD DROPS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR OTHER WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THREAD DROPS MAKES NO WARRANTY THAT: (1) THIS SITE WILL MEET YOUR REQUIREMENTS; (2) THIS SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE BASIS; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. ANY CONTENT, MATERIALS OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE OR A LINKED SITE IS DONE AT YOUR OWN DISCRETION AND RISK. THREAD DROPS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM FOR LOSS OF DATA OR FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES THAT RESULTS FROM THE DOWNLOADING OF ANY CONTENT, MATERIALS OR INFORMATION. THIS INCLUDES THE TRANSMISSION OF VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SOFTWARE.
11.2 Limitation of Liability
11.2.1 IN NO EVENT SHALL THREAD DROPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OF, ACCESS TO, OR INABILITY TO USE THE THREAD DROPS WEBSITE OR A LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF THREAD DROPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
11.2.2 THREAD DROPS ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DELAYED, LOST OR MISDIRECTED COMMUNICATIONS THROUGH THE THREAD DROPS WEBSITE.
11.2.3 YOU SPECIFICALLY ACKNOWLEDGE THAT THREAD DROPS SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH ANY CLAIM THAT AN UNSOLICITED DESIGN SUBMITTED BY AN INDEPENDENT ARTIST HAS VIOLATED THE INTELLECTUAL PROPERTY RIGHTS OF ANOTHER.
11.3 Indemnity
You agree to defend, indemnify, and hold harmless Thread Drops, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to Thread Drops; (ii) your violation of any of these Terms; (iii) your violation of any third party right, including without limitation any IP right; or (iv) any claim that one of your unsolicited designs caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Thread Drops website.
11.4 Waiver
No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Thread Drops’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
11.5 Limitations on Actions
You agree that any cause of action arising out of or relating to the Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
11.6 Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Thread Drops without restriction.
11.7 Formatting
The formatting in these Terms (including without restriction the paragraph headings and paragraph numbering) is included to help make these terms easier to read and has no binding effect.
11.8 Governing Law and Jurisdiction
The website is controlled by Thread Drops, headquartered in [Your Location], United States of America. All matters relating to your access to, or use of, this website shall be governed by U.S. federal law or the laws of the State of [Your State], notwithstanding any principles of conflicts of law. Any dispute, legal action, or proceeding relating to your access to, or use of, this website shall be exclusively instituted in a state or federal court in [Your Location], USA. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. Thread Drops makes no representations that the information on this website is appropriate for use in other locations. If you choose to access this website from other locations, you do so at your own risk and you are responsible for compliance with any applicable local laws.
11.9 Violations
Please report any violations of the Terms, including objectionable or offensive Content, unsolicited design, or Thread Drops forum posting. Please state the reasons for your concern and provide a link to the Content, unsolicited design, or Thread Drops forum posting in question. Upon receiving such a report, Thread Drops in its sole discretion may investigate the matter and take such action as Thread Drops determines to be appropriate.
11.10 Other Reservation of Rights
Thread Drops reserves the right to discontinue any aspect of the Thread Drops website at any time.
11.11 Termination or Cancellation
You agree that Thread Drops may, at any time and at Thread Drops’ sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Thread Drops website, and/or your account, or suspend or block your access to the Thread Drops website. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Thread Drops website after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Thread Drops website.
11.12 Entire Agreement
The Terms constitute the entire agreement between you and Thread Drops regarding the use of the website, superseding any prior agreements between you and Thread Drops relating to your use of the website. The failure of Thread Drops to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of this agreement shall continue in full force and effect.
Please contact us with any questions regarding these Terms.