Acceptance of Terms
Sharingpick INC. ("Sharingpick") PROVIDES ITS WEBSITE AND RELATED SERVICES ("SITE") TO YOU SUBJECT TO THE FOLLOWING “USER AGREEMENT”. IF YOU DON’T AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION INCLUDED ON THIS WEBSITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR (AND IF ACTING ON BEHALF OF ANY THIRD PARTY OR YOUR EMPLOYER, SUCH THIRD PARTY'S OR EMPLOYER'S) AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW (REFERENCES IN THIS USER AGREEMENT TO "YOU" INCLUDE YOU AND ANY SUCH THIRD PARTY OR EMPLOYER). Sharingpick CAN CHANGE THIS USER AGREEMENT AT ANY TIME BY POSTING AN UPDATED USER AGREEMENT ON THIS SITE AND ZAZZLE MAY SEND REGISTERED USERS AN EMAIL NOTIFICATION OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS WEBSITE. IF YOU DON’T CEASE USING THIS WEBSITE, YOU WOULD BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGES. IF YOU HAVE ANY QUESTIONS ABOUT THE AGREEMENT, YOU CAN CONTACT US AT USER_AGREEMENT@Sharingpick.COM.
User Account, Password, & Security
To complete your registration, you will provide an email address and a password. You are responsible for maintaining the safety & confidentiality of the password & account, and are responsible for all activities that occur under your password or account. It is very important for you to protect against unauthorized access to your computer. Make sure to log off when you finish using a shared computer.
You agree to (a) immediately notify Sharingpick of any unauthorized use of your account or any other breach of security or safety, & (b) ensure that you exit from your account at the end of each session. Sharingpick cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
User Conduct -
For using this Website, you agree to not:
- upload, post, download, email or otherwise transmit any Content that is harmful, unlawful, harassing, threatening, abusive, vulgar, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, socially, politically, hateful, racially, ethnically, legally, morally, religiously objectionable or otherwise unacceptable, or invasive of another's rights including but not limited to rights of celebrity, privacy & intellectual property.
- impersonate any person or entity or falsely state or otherwise misrepresent your connection or affiliation with a person or an entity,
- upload, post, download, email or otherwise transmit any Content that may infringe or violate any trade secret, trademark, patent, copyright, or other intellectual or proprietary right of any party. As a guideline, you can contribute or submit only original work that you have created yourself from the original elements. This means you cannot use images of corporate products or celebrities, nor images, text, or designs that you've copied from a website without any written permission from the owner. You can not create a "new" image, a graphic or any content using the elements or components from the images, graphic or content other people have created. You can not contribute a quote or a slogan that is considerably the same as something that is already written by someone else. By uploading any graphic or Content, you represent and the warrant that you have the lawful right to reproduce & distribute such Content & that the Content complies with all applicable national, state & local laws, regulations and ordinances;
- upload, post, download, email or otherwise transmit any Content that would encourage or constitute an illegal activity, criminal offense, infringe or violate the rights of any party, or that will otherwise create liability or violate or infringe any local, state, national, or any international law;
- use the Service to harm or abuse minors in any possible way, including, but not limited to, uploading the Content that violates the child pornography laws, child sexual exploitation laws & laws prohibiting the depiction of minors involved in sexual conduct,
- upload Content that may have being seen as condoning or encouraging untrustworthy or unsafe practices that would result in the mental, physical, or moral harm of children;
- upload, post, download, email or otherwise transmit any unauthorized or any unsolicited advertising, spam, junk mail, promotional materials, chain letters, or any other form of solicitation or submission
upload, post, download, an email or otherwise transmit any material that contains the software viruses, malware or any other computer code, files or the programs designed to destroy, interrupt, limit the the functionality of the computer hardware or software or telecommunications device or equipment,
- Upload, post, download, email or otherwise transmit any false or misleading information;
- interfere or disrupt with the security of, or otherwise misuse or abuse, the website, or any services, accounts, system resources, networks or servers connected to or accessible through the Site or linked or affiliated websites,
- access, tamper with or use of non-public areas of the Website. An Unauthorized individuals attempting or undertaking to access these areas of the website can be a subject to prosecution;
- interfere or disrupt with any other user's enjoyment or indulgence of the website or affiliated or linked websites;
- frame the Website within another website or a webpage or link to the Site except as permitted in writing by Sharingpick,
- Incorporate the images or names that would violate any person's rights of privacy or publicity, or
- incorporate a current or former leader, religious figure, politician, notorious person or convicted criminal , or other famous person's name or likeness (for Sharingpick Custom Stamps);
- use a manual or automatic device or a process to retrieve, index, "data-mine" or in any way recreate or reproduce or avoid the navigational structure or presentation of any Service,
- transfer your Sharingpick account to another party without Sharingpick's written consent;
- copy, modify or distribute the rights or Content from the Website, service or tools or Sharingpick's copyrights & trademarks; or
- harvest or otherwise collect the information about the users, including email addresses, without their permission or consent.
You acknowledge that Sharingpick does not pre-screen submitted Content, but that Sharingpick and its designees shall have the right (but without any restrain or obligation) in their sole discretion to remove or reject any Content that is available via the website. Upon placing your order request, you acknowledge that Sharingpick may review your order, & the Content it contains, for adherence and conformity to our guidelines & compliance with the terms & conditions set forth in this Agreement. Sharingpick and its designees reserve the right to demand the confirmation from you in writing of all the rights, authorizations, licenses, permissions, & consents obtained or owned by you (if any) with respect to any of the Content you upload to or transmit through the Website. If you fail to provide us with the satisfactory confirmation upon request, we reserve the complete right to remove or deny the access to any or all of your Content available via the Website and to suspend or terminate your account. Sharingpick does not endorse any Content submitted to the Website by any User or other licensor, or any recommendation, opinion, or advice expressed therein, and Sharingpick expressly disclaims any & all liability in connection with the Content. Without limiting the foregoing, Sharingpick and its designees shall have the right to remove, without the prior notice, any Content that they believe can violate the Agreement, is subject to a complaint, or is otherwise objectionable to Sharingpick. You agree that you must evaluate, and bear all the risks associated with, the use of any Graphic or Content, including any reliance or dependency on the accuracy, completeness, or usefulness of such Content.
Sharingpick is a marketplace where:
Content owners/creators ("Designers") may make their content and/or product specifications available for use in relation with the sale of certain products; and the Product manufacturers ("Makers") can offer, sell, and/or fulfill their products to Users of this Website.
To help you distinguish among the different types of transactions available on this Site, Sharingpick uses the following labels.
- "Made and Sold by Sharingpick":- This means Sharingpick is both selling the product to you & making it.
- "Made by [Maker] and Sold by Sharingpick":- This means Sharingpick is selling this product, however the product is made by a third party Maker.
- "Made and Sold by [Maker]":- This means that an independent Maker is both making the product & selling it to you via the Sharingpick Maker Platform. The process for placing an order request is the same as for products sold by Sharingpick but Sharingpick is only facilitating the transaction. Sharingpick has no control or regulation over the safety, quality, legality or morality of any aspect of the products sold to you by a Maker, accuracy or certainty or the truth of the listings, or the ability of the Maker to sell that product. Sharingpick does not pre-screen Makers or the content or any information provided by Makers for these products, and can’t ensure that a Maker will actually complete a transaction. Sharingpick does not transfer legal ownership of these products from Maker to User, & cannot guarantee the true identity of User. Sharingpick encourages you to communicate directly with the potential transaction partners through the features & tools available on the Website. You understand and agree that Sharingpick is only a venue for these transactions, & as such, you enter into these transactions at your own risk & responsibility.
- "Designed by [Artist or Designer]":- This label informs you of the Artist or Designer who has published its art & designs for use on products sold on the Site. Artist or Designers represent that they have the right to publish their art & designs for use on the products they select, and Sharingpick makes no representation as to the accuracy, certainty or truthfulness of any such representations.
You acknowledge & agree that you are responsible for the creation & compilation of your Content, and that neither Sharingpick nor any other party engaged or involved with the production of any product incorporating such Graphic or Content assumes that responsibility. Sharingpick's production of any product depicting your graphic or Content does not indicate that Sharingpick approves of the Content, that the Content obeys all the applicable laws, or that you are absolved of any liability or harm or misuse arising from the use of the Content.
You agree that you are responsible for actions & communications undertaken under your account. Sharingpick takes no responsibility & assumes no liability for any graphic or Content uploaded or otherwise transmitted by or to you or by or to any other third-party, or for any kind of mistakes, infringement, omissions, defamation, slander, libel, falsehoods, pornography, obscenity or profanity you or a third party can encounter. You agree to waive any claims against Sharingpick and its affiliates, contractors, agents & employees for damages, losses and injuries which are based on or relate to communications, , graphic, Content or materials on the Website. You agree to indemnify Sharingpick and its affiliates from all claims & expenses, including reasonable attorney's fees, and that claims are based on or arise from your violation or infringement of any of the provisions of this User Agreement.
You agree that you will use this Website and any products and Sharingpick Custom Stamps, ordered on this Website in accordance with all the applicable Indian national, state and local laws, statutes, regulations & ordinances and will not take any action that violates or harms the rights of any person or entity.
Trademarks and Copyrights
Sharingpick and its contents, including but not limited to, text, photographs, graphics, illustrations, video, sound & any other material (all such content collectively referred to as "Content") are protected under India & international copyright laws and are the property of Sharingpick.com (A Sharingpick property) or its third party licensors. All the rights are reserved. All logos, splash screens, page headers, custom graphics and button icons that are displayed on this Website are service marks, trademarks, and/or trade dress (collectively, "Marks") of Sharingpick or its third party licensors. Except as any specifically permitted herein, copying, distributing, transmitting, modifying, displaying, selling or participating in the sale of, or otherwise exploiting or using any graphic or Content or any Marks in any form or by any means without any express written permission of Sharingpick is prohibited and may violate the copyright or trademark laws of the India and/or other countries.
Sharingpick's trademarks, trade dress and product images cannot be used in connection with any product or a service that does not belong to Sharingpick, in any manner that is likely to cause confusion among the customers, or in any manner that disparages or discredits Sharingpick. All other trademarks not owned by Sharingpick that appear on this website are the property of their respective owners, who may or may not be affiliated or associated with, or connected to, or sponsored by Sharingpick.
The Website and its Contents are intended solely for any personal, noncommercial use by the users of our Website. You can download or copy the Contents displayed on the Website for your own use provided that you maintain any such notices contained in the Content, such as all copyright notices, trademark legends or any other proprietary rights notices. In using the downloaded materials, copyright & trademark notices shall be displayed and used in the manner as shown or specified. No right, title or interest in any downloaded materials or content is transferred to you as a result of any such copying or downloading. No reproduction of any part of this Website may be sold or distributed for commercial gain nor shall it be incorporated or modified in any other work, publication, or website. Sharingpick shall have no liability, control or any responsibility or obligation whatsoever for any loss suffered caused by viruses that may infect or harm your computer equipment, device or other property by reason of your use of, access to or downloading of any material from this Site. If you choose to download the material from this website you do so at your own risk.
We at Sharingpick we Abide by Indian Copyright Act, 1957 & International Copyright Act of 1891. Copyright & trademark is infringed or violated when any of the above acts are done without the permission, whether directly or indirectly & whether the whole or a substantial part of a work(graphic or content) is used, unless what is done falls within the scope of exceptions to the copyright permitting certain minor uses. All of these acts will constitute a civil Infringement of trademarks & copyrights can be criminal offenses, as well as being actionable in civil law. Activities which results in IP rights being infringed or violated can raise both civil & criminal law liabilities. Deliberate infringement of copyright on a commercial scale can be a criminal offence. Where the registered mark has a significant reputation, infringement can also arise from the use of the same or a similar mark which, although not causing any confusion, damages or takes unfair or unethical advantage of the reputation of the registered mark.
You agree and acknowledge that any Content, including but not limited to text, data, photos, graphics, etc. or other material distributed or contained on or through the Website, by Sharingpick, its advertisers or other third parties, is protected by trademarks, copyrights, service marks, patents, or other proprietary rights and laws. You cannot use or distribute any Content received through the Website without the authorization of Sharingpick or the Content owner. You agree not to publish, copy, reproduce, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute the Content available through the Website, in violation of applicable copyright and other intellectual property laws.
You retain all the ownership rights to your Content submitted to the Site. By submitting Content to Sharingpick, you grant Sharingpick a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, & distribute your Content.
You agree and acknowledge that the Site and any software provided to you or used in connection with the Website, including, for example and without limitation, any API's or other scripts ("Software") contains the proprietary & confidential information that is protected by applicable intellectual property and other laws.
Subject to your consent and compliance with the terms & conditions of this Agreement and any additional terms provided in a separate applicable agreement, Sharingpick grants you a non-exclusive, non-transferable, non-sublicensable license to use the Software solely as necessary & mandatory to use this Website and provided that you agree not to modify, rent, lease, distribute, loan, sell or create derivative works based on the Website or the Software, in whole or in part.
Sharingpick grants you a non-exclusive, revocable and the limited license to use the Content and Sharingpick's tools, product photographs, images for the purposes of promoting the website in the condition that you provide appropriate attribution and a link to the Sharingpick website. We reserve the right to terminate or discontinue this license at any time if required.
The intellectual property rights in or relating to the graphic or content of any notes, messages, emails, postings, letters, suggestions, ideas, concepts or other written materials which you submit or communicate to Sharingpick (excluding the graphic or Content you submit) would automatically be deemed to be granted, assigned and transferred by you to Sharingpick upon their submission or communication to Sharingpick, and you do assign all rights therein to Sharingpick and agree that the same would automatically become the property of Sharingpick and that Sharingpick may use, publish, implement, exploit, copy, transfer and in all other ways deal with such materials & all of the intellectual property rights therein in any way & for any purpose Sharingpick may elect, forever.
Intellectual Property Policy
Sharingpick respects the intellectual property rights of others. We ask our users to do the same. Sharingpick may terminate the accounts of users who infringe, or may infringe, the copyright or other intellectual property rights of others. If you believe that your Graphic or Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify Sharingpick's Copyright Agent, and provide the following information ("Notice"):
- An electronic or an physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
- a description of the copyrighted work or content and/or trademark claimed to have been infringed;
- a description of where the claimed infringing or violated Content is located on our Website;
- your address, telephone number, and email address;
- a statement or remark by you that you have a good faith & belief that the disputed use is not authorized by the trademark or the copyright owner, its agent, or the law;
- a statement or remark by you, made under penalty of perjury, that the above information in your Notice is precise & accurate and that you are authorized to act on behalf of the owner of the copyright or trademark interest involved.
Kindly note that this procedure is exclusively for notifying Sharingpick that your trademark or copyrighted material or content has been infringed.
Sharingpick's Copyright Agent can be reached at: firstname.lastname@example.org or by telephone at: 9220534451.
YOU WARRANT AND REPRESENT THAT YOU ARE THE OWNER OF THE CONTENT THAT YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (TRADEMARKS & COPYRIGHTS ) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT. YOU HEREBY WARRANT AND REPRESENT TO US THAT THIS AGREEMENT HAS BEEN DULY AND VALIDLY EXECUTED AND DELIVERED BY YOU AND CONSTITUTES YOUR VALID, LEGAL AND BINDING OBLIGATION, ENFORCEABLE AGAINST YOU IN ACCORDANCE WITH ITS TERMS & CONDITION; AND THAT THE EXECUTION, DELIVERY AND PERFORMANCE BY YOU OF THIS AGREEMENT ARE WITHIN YOUR LEGAL CAPACITY & POWER; HAVE BEEN DULY AUTHORIZED BY ALL THE REQUISITE ACTION ON YOUR PART; REQUIRE THE CONSENT OR APPROVAL OF NO. OTHER PERSONS; AND NEITHER VIOLATE NOR CONSTITUTE A DEFAULT UNDER THE (I) PROVISION OF ANY LAW, ORDER, RULE, REGULATION, JUDGMENT OR DECREE TO WHICH YOU ARE SUBJECT OR WHICH IS BINDING UPON YOU, OR (II) THE TERMS OF ANY OTHER AGREEMENT, DOCUMENT OR INSTRUMENT THAT IS APPLICABLE TO YOU OR BINDING UPON YOU.
You agree to defend, indemnify and hold Sharingpick and Sharingpick's officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs & expenses, including but not limited to reasonable attorneys� fees, expert witness fees, and costs of litigation arising out of or based on (a) Graphic or Content you submit, post to or transmit through the Website, (b) your use of the Website, (c) your relation or connection to the Website, (d) your violation of the Agreement or (e) your violation or infringement of any rights of a third party.
Other than as expressly provided under these terms & conditions, you agree not to reproduce, copy, duplicate, sell, resell or exploit for other commercial purposes, any portion of the Website, without Sharingpick's express written consent.
You agree that Sharingpick, in its sole discretion, may terminate this User agreement including but not limited to termination of your password, account (or any part thereof) or use of the Website, and remove & discard any Graphic or Content you may have contributed to the Website, at any time for any reason or no reason. Sharingpick may also in its sole discretion and at any time discontinue or terminate providing the Website, or any part thereof, with or without the notice. You agree that any termination of your access to the Website under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Sharingpick may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or content of the Website. Further, you agree that Sharingpick shall not be liable to you or any third-party for any termination of your access to the Website. Should you object to any terms & conditions of the Agreement or become dissatisfied or unhappy with the Website in any way, your only recourse is to immediately discontinue your use of the Website and/or terminate your account.
Any termination of this User Agreement shall not affect the respective rights & obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
The Website can provide, or third parties can provide, links to other websites or resources. Because Sharingpick has no control of such websites and resources, you acknowledge and agree that Sharingpick is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or any other materials on or available from such websites or resources or the policies or such websites and resources. Sharingpick is not responsible or liable, directly or indirectly, for any kind of loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such graphic, Content, goods or services available on or through any such site or resource.
You agree and acknowledge that you will not use any Product ordered from the Website in a way that would be damaging to Sharingpick's public reputation or that of its employees, board members, shareholders, solution partners or licensors. Additionally, you acknowledge that if you choose to display any product including custom postage ordered from Sharingpick, in a public setting, including on the Internet, in a way which disparages Sharingpick, Sharingpick's board members, employees, shareholders or partners, or the Indian Postal Service, Sharingpick reserves the right to demand immediate return of the product, to furthermore pursue all the recourses and remedies available under the law, and, in the case of Sharingpick Custom Stamps, to invalidate your Sharingpick Custom Stamps via cancellation of the bar code. If Sharingpick Custom Stamps are invalidated, Sharingpick's sole and exclusive obligation and your sole and exclusive remedy, if any, shall be a full refund of all the fees paid by you.
Pricing, Shipping, & Terms of Sale
Prices for the products are described on the Website and are incorporated into this Agreement by reference. All prices are in Indian Rupee. Prices and products may change at Sharingpick's discretion. Sharingpick may offer promotional discounts from time-to-time. You should agree to the terms of the promotion in order to be given the discount. You agree not to use more than one offer or discount per item, unless such use is expressly permitted by Sharingpick. Title and risk of loss for all products ordered by you shall pass to you on Sharingpick's shipment to the shipping carrier. Purchases are subject to Sharingpick's Shipping and Return Policy. Sharingpick reserves the right to cancel any order for any product that for any reason, including orders that can violate the intellectual property rights of a third party and will notify the purchaser that the order request has been canceled.
If you participate as a Designer, Artist or an Associate (as both terms are defined in the Designer License Agreement), Sharingpick will pay accrued earnings in accordance with the following section.
Payments for the royalties, referral fees, volume bonus and any other compensation owed to you (collectively hereinafter referred to as "Earnings") will be made within the forty-five (45) days of the end of the month subject to the following:
- Sharingpick maintains a statement of your Earnings. You can check your statement in the "MyAccount" section of your account.
- Sharingpik will pay your Earnings in accordance with the selections you make in the "Payment Settings" page in "MyAccount" and Sharingpick makes the following options available:
- payment as soon as you have reached the Payment Thresholds (as defined below) set by Sharingpick from time-to-time; or
- have your Earnings held in your account until you prefer to have your payment made (after reaching the Payment Threshold set by Sharingpick); or
- hold your Earnings in your account to apply toward a purchase on the Website.
- On the Payment Settings page in, you can also choose your method of payment (for example, check or PayPal). Sharingpick, in its discretion, may change the methods of payment that are available, and certain methods of payment cannot be available for all balances.
- With respect to the referral fees, if Products that generated a referral fee are returned by the customer, we would deduct the corresponding referral fee from your next payment. If there is no subsequent payment, we can send you a bill for the fee, which bill should be paid upon receipt.
- Payments that are made using PayPal will be charged a $2.50(172 Inr) processing fee, if your Earnings are less than the Payment Threshold mentioned
- Payment Thresholds mean $100(6882 Inr) for payments by check and $50(3441 Inr) for payments using PayPal. The Payment Thresholds are subject to change at any time or from time- to-time, in our sole & absolute discretion. You will be notified of any change in the Payment Thresholds.
- You can request payment of your Earnings even if you have not met the Payment Thresholds, subject to the payment of the following processing fees: $5.00 for any check under $100(6882 Inr); or $2.50(172 Inr) for any PayPal transaction under $50(3441 Inr). Payment will be made within 45 days (collectively "Processing Fees").
- If Sharingpick owes you any compensation as of June 30th each year, then Sharingpick may send you payment of such accrued Earnings (generally on or about August 15th for the 12-month period ending on June 30th) even if you have not reached the Payment Thresholds or have prefered to have your payment held. Such annual payments will be subject to the Processing Fees that is set forth above. If your Earnings are less than the applicable Processing Fee, you will not receive a payment.
- Sharingpick will withhold taxes from international payments that are due if Designers or artist do not provide us with the relevant documentation such as the W8-BEN form.
- In an event that a check sent to the address listed as the payee address in your Sharingpick account is returned as undeliverable, Sharingpick may withhold further payments until you have updated or corrected your address.
- In the event that an order request for which you were paid Earnings is either cancelled, refunded or returned for any reason, Sharingpick will deduct the relevant amount from your Earnings.
Sharingpick attempts to be as accurate as possible to provide a compelling user experience. There are many Designers on the Site and Sharingpick does not verify the accuracy of their product descriptions. Sharingpick does not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current, or error-free. If a product offered by Sharingpick is not as described, your sole remedy is to return it pursuant to Sharingpick's Shipping and Return Policy.
Sharingpick prides itself on its relationships with charitable organizations and is pleased that its platform has proven to be an powerful and effective fundraising tool for many organizations. From time-to-time, Sharingpick participates in specific programs designed to assist charitable organizations to raise funds for their causes. Whenever Sharingpick announces these fundraising efforts, you can be assured that Sharingpick will ensure that funds will be remitted to the charitable organization as disclosed in such notice or announcements. From time-to-time, Designers may state they intend to donate their royalties or other sums to charities. Sharingpick is unable to verify such statements, so please use caution when relying on them.
Sharingpick may introduce programs, features and products. At the time of release, Sharingpick will publish the governing terms and conditions. You agree that you will be subject to such new terms & conditions to the extent that you participate in such new programs or use such new products.
Age & Geographic Restrictions
You must be at least 13 years of age to use this Website. Kindly contact us if you have any concerns or questions about this restriction.
Sharingpick only accepts orders for Sharingpick Custom Stamps that are shipped to locations within the India and its territories.
This Website may be accessed from countries other than the India. This Website may contain products or references to products that are not available outside of the India. Any such references do not imply that such products would be made available outside the India. If you access and use this Website outside the India you are responsible for complying with your local laws and regulations.
You agree that Sharingpick can translate, as accurately as reasonably possible, text and information that you provide into other languages for use on our foreign domains. We do not guarantee the accuracy of such translations.
Correction of Errors and Inaccuracies
The information and the product listings on this Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any such errors, omissions or inaccuracies & to change or update information at any time without prior notice (including after you have submitted your order request). Kindly note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of the products (including after you have submitted your order request) for any reason, including, without limitation, if the product violates any terms of this Agreement.
In the event a product is listed at an incorrect price or with an incorrect information due to typographical error or error in pricing or product information received from our partners, we reserve the right to refuse or cancel any orders placed for the products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and you have been charged request for the sale. If you have already been charged for the purchase and your order request is canceled, we shall immediately issue the credit to your credit card account or refund the amount in the manner in which the purchase of the was made by you . If we have been overcharged for any product, we will issue a refund to you for the difference between what you were charged & the correct price of the relevant product.
Reviews, Comments & Submissions
Except as otherwise provided elsewhere in this Agreement or on the Website, anything that you submit or post to the Website and/or provide us, including without limitation, photos, videos, ideas, know-how, techniques, reviews, questions, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, irrevocable, perpetual, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, & to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole & exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Website, you also grant us the right to use the name that you submit with any review, posts, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the post, reviews and other Content that you comments on this Website and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You should not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We can, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
DISCLAIMER OF THE WARRANTIES
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND THE INFORMATION, SERVICES, PRODUCTS, PROGRAMS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" & "AS AVAILABLE" BASIS. TO THE FULLEST POSSIBLE EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SHARINGPICK AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF THE TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SHARINGPICK DOES NOT MAKE ANY WARRANTY THAT (A) THE WEBSITE OR ANY OF ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR ANY OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR (E) THERE WILL BE NO WRONGFUL OR UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, OR (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH CAN BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY. YOU AGREE THAT SHARINGPICK SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE WEBSITE OR ANY OF THE CONTENT CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, ACCESSED OR DOWNLOADED FROM OR THROUGH THIS WEBSITE, IS AT YOUR SOLE RISK & RESPONSIBILITY. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF ANY DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT, DATA AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT SHARINGPICK DOES NOT CONTROL OR ENDORSE IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THE THIRD PARTIES ON OR THROUGH THIS WEBSITE. EXCEPT AS OTHERWISE AGREED IN WRITING, SHARINGPICK AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR & MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS WEBSITE. YOU ACKNOWLEDGE THAT SHARINGPICK MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF THE INFORMATION TRANSMITTED THROUGH THIS WEBSITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHARINGPICK OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. AS WITH THE PURCHASE OF A PRODUCT OR A SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT & EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATION OF THE LIABILITY
UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL SHARINGPICK OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN PRODUCING, CREATING, TRANSMITTING, OR DISTRIBUTING SHARINGPICK OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SHARINGPICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR ANY MESSAGES RECEIVED SERVICES OR PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) CONDUCT OR STATEMENTS OF ANY THIRD PARTY ON THE WEBSITE OR (E) ANY OTHER MATTER RELATING TO THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE CAN NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT SHARINGPICK SHALL NOT BE LIABLE FOR CONTENT OR THE OFFENSIVE, DEFAMATORY, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Dispute Resolution and Release
These terms and conditions and your relationship with Sharingpick shall be governed by and construed in accordance with the laws of India, without resort to its conflict of law provisions. Any dispute or conflict relating in any way to your visit to the Website or to the products you purchase through the Website should be submitted to confidential binding arbitration in India, India for the maximum judgment enforceable, except that to the extent you have in any manner violated or infringed or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or high court or in India. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and high courts of India. Arbitration under this Agreement shall be conducted pursuant to the existing Commercial Arbitration Rules at the India Arbitration Association. The arbitrator's award shall be final and binding and can be entered as a judgment in any court of competent jurisdiction. We each agree that any dispute resolution proceedings will be conducted only on an individual basis & not in a class, representative or consolidated action. If for any reason a claim is initiated in court rather than in arbitration we each waive any right to a jury trial.
You and Sharingpick agree to submit to the personal & exclusive jurisdiction of the courts located within India.
If you have a dispute with one or more users or Artist or Designers you release us (and our officers, directors, agents, subsidiaries, joint ventures & employees) from claims, demands and damages (actual & consequential) of every kind and nature, known & unknown, arising out of or in anyway connected with such disputes. If you are an Indian resident, you waive Indian consumer protection act, 1986, which states that: "A common release doesn’t conclude or extend to the claims or requests which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him should have materially affected his settlement with the debtor."
If any provision of this User Agreement is illegal, invalid, or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision & the remaining provisions of this User Agreement shall in no way be affected or impaired.
If you are using Sharingpick Embroidery, your use of this Website is also subject to the terms and conditions set forth in this Section.
You agree to follow the restrictions below in order to purchase items through Sharingpick Embroidery or to create any public Sharingpick Embroidery products for sale in the Sharingpick marketplace. If you want your Content to be embroidered on a product and you do not upload the stitch file to this Website, Sharingpick will calculate the price to convert your Content to a stitch file and notify you of the price. For the stated fees, you can then order the stitch file & create a product with the stitch file. If you create a public embroidery product for sale in the marketplace, the product will be published on the Website at the time the stitch file is completed (typically within 24-48 hours but it may be longer). Conversion of your Content to a stitch file is subject to a one-time stitch file conversion fee except that you need to pay an additional one time stitch file conversion fee for any resizing of the stitch file.
Sharingpick Custom Stamps
If you are using Sharingpick Custom Stamps, your use of this Website is also subject to the terms and conditions set forth in this Section.
You agree to follow the restrictions below in order to purchase Sharingpick Custom Stamps or to create any public Sharingpick Custom Stamps for sale in the Sharingpick marketplace and to follow all laws and regulations applicable to Indian postage.
You will not assert or suggest in any way that any Sharingpick Custom Stamps created by you or any other user has been approved by us or by any other person or entity. In designing or creating any Sharingpick Custom Stamps customized postage, you will not use any Content or design element that Sharingpick, in its sole judgment and discretion, believes would be controversial or offensive, would subject Sharingpick to legal liability, or would cause damage to Sharingpick's public reputation or business.
You acknowledge and agree that Sharingpick may terminate the Sharingpick Custom Stamps service at any time. Any information or Content that you provide through Sharingpick Custom Stamps may be provided to Sharingpick's licensors and to the Indian Postal Service for postage verification purposes.
You acknowledge, agree, and warrant you understand that the Content, art & design elements of your Sharingpick Custom Stamps are not approved or endorsed in any way by the Indian Postal Service, and that you will not make promotional references to Sharingpick Custom Stamps as "stamps" or "Custom Postage." Sharingpick Custom Stamps are valid postage for mailing, but the images are not reviewed or approved by the Indian Postal Service. Therefore, you agree to not make any representations which could cause a reasonable person to believe that the Content, art & design elements included in your Sharingpick Custom Stamps are provided, approved, or endorsed by the Indian Postal Service.
If Sharingpick finds that a postage design in your order is inappropriate, Sharingpick will send you an email to notify you that your design has been rejected and that your order has been cancelled. Your art & design will be deleted from your "Private Products" section, but any images used in the art & design will remain in your "Image Gallery" for your future use.
A special note about Sharingpick Custom Stamps for Business
Sharingpick Custom Stamps for Business are a great way for businesses large and small to grow their brand and communicate with customers in a creative & brand conscious manner. Business logos, website addresses, or company names and addresses are all appropriate material for Sharingpick Custom Stamps for Businesses.
Promotional messaging is not appropriate and not permitted for Sharingpick Custom Stamps for Business, and will not be approved for printing. Examples of promotional messaging that includes "10% off sale" or "Buy one, get one free" or any other similar announcement messaging, including specific pricing information for a product for sale.
It is also inappropriate and not permitted to use Sharingpick Custom Stamps for Business as a coupon. Examples of coupon messages are "One free with this Sharingpick Custom Stamp" or "Present this Sharingpick Custom Stamp for 10% off".
In addition, Sharingpick Custom Stamps for Business are not available for advertising related to the following industries:
- Alcohol and Tobacco;
- Any industry related to the human sexual activity, or products, services or entertainment directed to sexual stimulation.
If you have any questions about these Sharingpick Custom Stamp guidelines, please don't hesitate to contact Sharingpick. We are happy to answer any questions you may have, and are available to provide guidance and support as you create your special products.
Death or Incapacity
In the unfortunate event that a member of our Maker, Artist & Designer community who is a natural person dies or becomes permanently incapacitated, Sharingpick will take all necessary steps to work with their successors and assigns. However, Sharingpick will need the following documentation from such deceased or incapacitated community member's successors, assigns or their legal representatives for verification the purposes:
- Death Certificate
- Proof of Succession
- Power of Attorney
In cases of members that are entities and if such entities cease to exist on account of dissolution, appointment of a receiver, winding up, or bankruptcy, we will require the following documentary evidence:
- Appointment of a receiver
- Winding up proceedings
- Bankruptcy proceedings
KIndly notify us as soon as possible should you become aware of the death, incapacitation, dissolution, winding up or a bankruptcy of a Maker or Designer member of our community.
Our community is the most important part of Sharingpick. All registered members are part of our community and we value everyone. Sharingpick has established multiple ways for members to interact with one another on the Website, including but not limited to forums, our blog and other social media channels. Kindly remember that these are public spaces, so use common sense when sharing personal information. Sharingpick's role is to facilitate open discussion and support our community through constructive communication. We have some general rules for community conduct, & some spaces have the additional rules.
- Treat one another with respect. There is a real person behind each name.
- Harassing, insulting, embarrassing or abusing other members is unacceptable.
- The community spaces are not the appropriate or relevant channel to express disputes with others.
- Specific transactions and/or feedback should not be discussed in public community spaces. Instead, contact Sharingpick privately if you need help with a transaction.
- Do not publicly post another person's private information without their explicit consent (for example: conversations, email, letters, phone numbers, addresses or full names).
Violating community policies may result in suspension or termination of the certain privileges including the account termination.
- No agency, joint venture, partnership, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
- Sharingpick may assign its rights & responsibilities here under without notice to you.
- These terms & conditions will inure to the benefit of Sharingpick's successors, assigns & licensees.
- Any heading, caption or the section title contained herein is inserted only as a matter of convenience, & in no way defines or explains any section or provision hereof.
- The failure of a party to enforce or exercise any right or provision of this User Agreement will not constitute a waiver of the right or the provision.
- Sharingpick's failure to act with respect to a breach by you or others does not waive Sharingpick's right to act with respect to subsequent or similar breaches.
- These terms and conditions may not be modified by you.
- The following Sections survive any termination of this User Agreement: Intellectual Property Policy, Proprietary Rights, Pricing, Shipping & Terms of Sale, Disclaimer of Warranties, Limitation of Liability, Indemnity, Release and General.
- Sharingpick will attempt to notify you when any major changes are made to this User Agreement but you should periodically review the most up-to-date version at www.Sharingpick.com/useragreement. Sharingpick may, in its sole discretion, modify or revise these Terms & the associated policies at any time, and you agree to be bound by such revisions or modifications.
- Nothing in this User Agreement shall be deemed to confer any third-party rights or benefits.
- Sharingpick does not guarantee continuous, uninterrupted access to the Website, and operation of the Website can be interfered with by numerous factors outside Sharingpick's control.
- You agree that Sharingpick is a platform and as such is not responsible or liable for any Content.
- You use the Website at your own risk.
Kindly send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website to:
In accordance with Indian Consumer Protection act, 1986 you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the Indian Department of Consumer Affairs by contacting them in writing at Department of Consumer Affairs, Room No. 312-A Wing, Shastri Bhawan, New Delhi 110001, or by telephone at (011) 23384390