Hello there! We’re Teakie Inc. (“Teakie”) and we’re so glad that you’re here. These are our Terms of Service (“Terms”) and they govern all use of the Teakie.com website, its subdomains, and all mobile versions (collectively, the “Site”) as well as all content, products and services available at or through our site (collectively, the “Services”).
Please read these Terms carefully before accessing our Site and Services. Your access to and use of the Site, including all materials presented herein, and any Services performed, constitutes your acceptance of and compliance with these terms and all other operating rules, license agreements, policies and procedures that may be published from time to time by us, without modification (collectively, the “Agreement”). If you disagree with any part of the Terms, you may not access the site or use our services.
When we say “us”, “we”, “our” or “Teakie” we’re referring to Teakie Inc. and the team that runs it. When we say “you”, “User”, “Member”, “Vendor”, “Shop Owner” or “Buyer”, we’re referring to you, the user of our platform. These terms apply to all visitors, users, buyers, sellers and others who access the service.
We’re committed to protecting the integrity of our community and the rights and responsibilities of everyone involved. Agreements like these help us do just that. Please read through them and understand what they mean for you.
1. USE OF OUR SERVICE
Teakie.com is a community where connections are made and products are sold. We’re devoted to empowering people around the world to do work they love by helping them grow their brand online.
We accomplish this through the following:
i) Our Marketplace (“Teakie Shop”) where Authors sell a curated selection of wonderful digital products and services;
ii) Our Directory (“Teakie Tribe”), where members can purchase listings that showcase their work, post opportunities, connect with others, and more; and
iii) Our Educational Content (“Teakie Academy”), where we share informational content through a variety of mediums
When you create an account on our site, you become a member (“Member”) of the Teakie tribe.
When you make a purchase on our site, you (the “Buyer”) are either 1) creating a public listing (“Listing”) or 2) buying a license that allows you to use digital items (“Items”) of Shop Owners. Listings, items and other products and services available on the Site may also collectively be referred to as “Products”.
2. CREATING AN ACCOUNT
Who can use our service. We respect children’s privacy and do not knowingly target or intentionally collect information from children under the age of 13. If you’re under the age of 13, you need the permission of a parent or guardian to browse or buy products on our site. This adult is responsible for all your activities on our site.
To create an account or make a purchase on our site, you must be 18 years of age or older or have the supervision of a parent or guardian.
Membership. Creating an account is free. To use our sites, you may be required to create multiple accounts. Your account can be used to purchase products, showcase your work, contribute on our blog, interact with other members and more. It also allows you to post to your profile and / or become a vendor (hooray!). Again, you must be 18 years or older to do so.
Your responsibility. You must provide us information that is always accurate, complete, and current. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You are fully responsible for maintaining the security of your account and all activities that occur under the account. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Changes to our service. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination, you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
Information provided on the Site, Service and other information are also subject to change. We make no representation or warranty that the information provided (“Content”), regardless of its source, is accurate, complete, reliable, current, or error-free. Teakie disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
3. YOUR USER CONTENT
3.1 Your User Content. Some areas of the Service allow you to post content such as listing your goods for sale, creating listings on the directory, profile information, comments, questions, reviews, images, and other content or information, including but not limited to contributions on our Site and any of our social media accounts. Any content or information a User submits, posts, displays, links to, or otherwise makes available on the Service is referred to as “User Content.” As a User, you are solely responsible for the content communicated or shared by you. We claim no ownership rights over original User Content created or provided by you. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to allow us and others to view, edit, and/or share your User Content in accordance with your settings and these Terms. Teakie will own all right, title and interest in any compilation, collective work or other derivative work created by us using or incorporating the User Content (but not your original User Content). Teakie has the right in its sole discretion to remove any User Content that is shared via the Service. Licenses issued by us for any User Content that is later removed from the Service will still be in full force and effect. You waive any moral rights you may have in and to your User Content.
3.2 Your responsibilities. You agree not to post User Content that:
i) May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal
ii) May create a risk of any other loss or damage to any person or property;
iii) May constitute or contribute to a crime or tort;
iv) Contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
v) Contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
vi) Contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
vii) Contains any information or content that you know is not correct and current; or
viii) Promotes prejudice, racism, bigotry, hatred or harm of any kind against any group or individual.
You also agree, represent and warrant that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy.
Teakie reserves the right, but is not obligated, to reject and/or remove any User Content that Teakie believes, in its sole discretion, violates any of these provisions. Teakie also reserves the right to reject and/or remove any User Content that Teakie believes in its sole discretion violates any of the right of our third-party partners and suppliers. You understand that publishing your User Content on the Service is not a substitute for registering it with the Canadian or U.S. Copyright Office, or any other rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
3.3 You affirm, represent and warrant the following:
i) You have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder;
ii) Your User Content and all parts thereof are owned and controlled by, or licensed to you, and your use thereof on the Service is permitted by applicable law and by all applicable rightsholders;
iii) If your User Content consists in whole or in part of design elements, fonts, clipart, sprites, vectors, brush tools and the like that are included in design programs by uploading such User Content to Teakie, warrant and represent that the end user license agreement, terms of service or the equivalent license held by you does allow you to incorporate such elements in your User Content created by you, and to license such User Content to Teakie for the purposes set forth herein;
iv) If your User Content contains music and/or lyrics, you own or have acquired all rights to use such music and/or lyrics and any sound recording from the owner of the copyright in such music and/or lyrics or sound recording;
v) Your User Content and Teakie’s use thereof as contemplated by these Terms and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights, and, in this connection, you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and these Terms, and each such person has released you from any liability that may arise in relation to such use;
vi) Teakie may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; and
vii) You will not provide inaccurate, misleading or false information to Teakie or to any other User. If information provided to Teakie or another User subsequently becomes inaccurate, misleading or false, you will promptly notify Teakie of such change.
Teakie takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Teakie shall not be liable for any damages you allege to incur as a result of User Content.
3.4 Your Sites And Your End Users Are Your Responsibility. Your Sites may have their own visitors, customers and users (“End Users”). You understand and agree that Your Sites and your End Users are your responsibility, and you’re solely responsible for compliance with any laws or regulations related to Your Sites and/or your End Users. We’re not liable for, and won’t provide you with any legal advice regarding, Your Sites or your End Users. This does not limit or affect any liability we may have to you separately for any breach of the other provisions of this Agreement.
4. HOW WE AND OTHERS CAN USE YOUR USER CONTENT
To Teakie: By posting or otherwise making available any User Content on the Service, you hereby expressly grant, and you represent and warrant that you have all rights necessary to grant, to Teakie a royalty-free, sublicensable, transferable, irrevocable, perpetual, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Teakie’s business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
To other users: You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, modify, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
You agree that we may sublicense or assign any of the foregoing rights in your User Content to any successor or acquirer of Teakie, any of our Sites, or any partner, brand, affiliated company, sponsor, or other entity with which Teakie engages in a joint project or endeavor or develops or releases any joint product.
5. FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
The information provided in or through our Site and/or Services, including our blog, online learning classes, e-guides (“E-Learning”) is for educational and informational purposes only, and is made available to you as self-help tools for your own use. Any information provided by us is not intended to be a substitute for medical, legal or financial advice that can be provided by your own physician, attorney, accountant, and/or financial advisor.
Our role is to empower you to reach your objectives by providing you with tools, resources and support to get you there. Your success, however, depends on your own effort, motivation and commitment, to name a few. While certain Classes relate to professional goals, we cannot and do not guarantee that you will attain a particular business result or income increase or level, and you accept and understand that results differ from individual to individual. Any earnings or income statements or examples shown are only estimates of what might be possible for you. You agree that we are not responsible for the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you.
OUR INTELLECTUAL PROPERTY
Our property. Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Teakie Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Teakie and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Teakie Content. Use of the Teakie Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
Your property. In connection with your User Content, you affirm, represent and warrant the following: (i) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (ii) your User Content and any use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights; (iii) Teakie may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; and (iv) to the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
6. HOW FEES AND OTHER PAYMENTS WORK
General: All users must be over the age of 18 or have verifiable consent from a parent or legal guardian. All Products are in USD and are exclusive of all taxes.
Fees: Some parts of the Site may be provided for a fee or other charge. By uploading Content to fee-based areas, you agree to the posted pricing and payment terms and any updates from time to time. You are also responsible for such Content and for compliance with these Terms. We also may add new services for additional fees or charges, amend fees or charges structure for existing services, at any time at our sole discretion.
For subscription-based products, your subscription may automatically renew according to your account and you will be charged periodically until you cancel the Service.
No refunds: Due to the nature of the products and services, no refunds will be given for any reason. You may cancel your account at any time. There are no refunds for cancellation. In the event that Teakie suspends or terminates your account for any reason, you understand and agree that you shall receive no refund or exchange.
Cancellations: You may cancel your subscription or account at any time. For cancellations made after an order has been placed, the cancellation will come into full effect once the order has been processed
Payment: All payments through the Service are processed using a third-party processor. You acknowledge that Teakie is not liable for any breaches of credit card or debit card security or privacy by such third party processor. You agree to pay all
Payouts: We promise to remit payments to you within 30 days after the end of each calendar month, so long as your total earnings exceed $20. We reserve the right to withhold payment or charge back your account due to any breach of these Terms by you. To ensure proper payment, you’re responsible for making sure we have the right information for you. If there’s an issue or dispute with a payment made to you, you have up to 30 days to report a claim, otherwise it will be considered a waiver by you of any claim. Payment is calculated solely based on the information we have on our Site.
Taxes: Some transactions are subject to tax. If so, the total purchase price shown on the product listing excludes taxes.
Currency conversion: Your financial institution or payment method of choice is responsible for all currency conversion. We don’t control any of this.
Buying on Teakie Shop: As a buyer, you agree to pay the listed price on the Product(s) in exchange for a non-exclusive license to use the Item as laid out in the License Terms. You are responsible for determining that the product and licenses are suitable for you. You are responsible for downloading and saving it immediately after purchase (we can’t promise that all products will remain available after you’ve purchased them). Your details may also be available to the Shop Owner from whom you’ve made a purchase.
Listing your items as an Vendor: By listing a product, you confirm the following:
i) You agree to pay us the stated commission rate per purchase
ii) You promise that the item you are selling is up to standard, of acceptable quality and fit for the purpose that it is sold
iii) The item matches the description and demo on the product page
iv) You have the appropriate rights to sell and license the item
v) The item is not fraudulent, false, misleading, deceptive, unlawful or defamatory
vii) The item doesn’t contain any viruses, piracy programs or any other software or files that may harm, corrupt or destroy a computer
7. BECOMING A VENDOR
Want to make some passive income? Turn your passion into full-time profit? We know you’re talented, why not let us help? Send us your stuff and we’ll hustle with you! Plus, our dress code is one of the best. Business on top, party on the bottom. Click here to become a vendor.
8. PUT YOURSELF OUT THERE AND GET LISTED
Your work deserves to be seen. Even with social media at our fingertips, it’s not always easy to be found. So we’re going back to basics. Old school meets new school. Because we know that you’re talented beyond measure. Click here to get listed.
Our use of your information
To use Teakie, you may, in some instances, be required to provide personally identifiable information including your name, email address, password and other personal information. We collect such information only when you voluntarily provide it to us. Your account must not be used for any illegal or unauthorized purpose.
By using our site, we automatically collect information about you that does not personally identify you. Third-parties may also do the same. This information is for informative purposes only (i.e.: your browser type, pages visited, etc.). This information tells us nothing about who you are. We are committed to protecting your personal information.
Teakie cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your Content and personal information at your own risk.
You agree that we have no responsibility or liability with respect to any such Sensitive Personal Information that is processed, transmitted, disclosed, or stored in connection with the Service.
We also have no responsibility or liability for the deletion or failure to store any User Content. So be sure to back up! We reserve the right to mark or treat as “inactive” and archive accounts and/or User Content that are inactive for an extended period of time, as determined by us.
Contests and Promotions
We may hold contests, promotions or similar opportunities periodically through our Service (collectively, “Promotions”). By participating in any Promotion, you are subject to the specific rules of the Promotion, in addition to these Terms of Service.
10. WE ARE NOT RESPONSIBLE FOR LINKS TO OTHER WEBSITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by Teakie
We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
11. YOU AGREE TO KEEP INFORMATION CONFIDENTIAL
By using our Site, you agree you may acquire certain proprietary and confidential information (collectively, “Confidential Information”). You agree to keep Confidential Information confidential and to not disclose Confidential Information to any third party other than representatives, agents, attorneys, accountants, auditors and advisors with a bona fide need to know, who shall first agree to keep such information confidential.
12. MOBILE USE
You may access our Service via a mobile device. We do not warrant that the service will be fully compatible with your mobile device or will not experience any glitches.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Teakie account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to indemnify and hold harmless Teakie, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including but not limited to attorneys’ fees, arising out of your use of our site and services. The foregoing indemnification provision shall not apply to Teakie’s own negligence or intentional conduct.
15. DISCLAIMER OF WARRANTY
You agree that the use of the site and all related services is entirely at your own risk. The site is provided on an “as is” or “as available” basis, without any warranties of any kind. Teakie and its suppliers and licensors hereby disclaim all warranties, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringment of property rights. Teakie and its suppliers and licensors disclaims any warranties for the security, reliability, accuracy and performance of the website. Neither Teakie nor any third-parties make any warranty that our services will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through our services at your own discretion and risk.
Teakie disclaims any warranties for other services or goods offered by third parties, received through or advertised on the website, or accessed through any links on the website. Teakie disclaims any warranties for viruses or other harmful components in connection with the website.
16. OUR LIABILITY TO YOU IS LIMITED
The Items sold and listings placed on Teakie are owned by the Authors, not by us. They’re uploaded and managed by them, at their sole discretion. Our role is to provide a platform and an online home for these interactions and transactions to take place.
If you use the Teakie Shop or Tribe, you agree that we are not responsible for, and release us from all liability, relating to 1) the items and listings on the Teakie Shop, 2) information provided by authors about their items and listings and 3) your use of those items and listings.
In no event will Teakie, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Teakie under this agreement during the twelve (12) month period prior to the cause of action. Teakie shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Under no circumstances will Teakie be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein. Teakie assumes no liability for i) Errors, mistakes or inaccuracies of content; ii) personal injury or property damage, of any nature whatsoever resulting from your access to or use of the service and products, iii) any bugs, viruses, Trojan horses or the like may that may be transmitted to or from the service iv) any interruption of cessation of the service iv) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the service vii) user content or defamatory, illegal or offensive conduct of any third party.
This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if Teakie has been advised of the possibility of such damage.
Buyers and Vendors: The liability of each author to their buyers is limited, for each item purchased, to the author’s earnings from the payment for that item, except to the extent that the vendor’s liability arises from willful misrepresentations made about the item.
17. WE RESERVE THE RIGHT TO MAKE CHANGES TO OUR SITE OR SERVICE AT OUR SOLE DISCRETION
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
If we make changes that are material, we will let you know by posting to our blog, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. What constitutes a material change will be determined at our sole discretion. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms.
18. GOVERNING LAW
These Terms, any access to or use of our Services will be governed and construed in accordance with the federal laws of Canada, without regard to its conflict of law provisions.
If any part of this Agreement is held invalid or unenforceable, the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
19. CONTACT US
If you have any questions about these Terms, please contact us at [email protected]
Last updated: September 1, 2019