TopFeuds.com Terms and Conditions

Last Revised March 4, 2009

Modifications

TopFeuds reserves the right to make alterations to any submitted design, slogan or content. For submitted designs this includes design, color, sizing and placement. Text may be altered on submitted data including user submitted slogans.

Submission Rules

All submitted designs must be the original work of the participant. Works previously published in any location other than TopFeuds may not be submitted. Submissions may not contain any intellectual property of any third party such as slogans, logos, trademarks, service marks or copyrighted material. You may not manufacture, distribute or sell any products whatsoever that incorporate any such materials or otherwise refer to any band or celebrity that may be the subject of a contest: subject only to these rules and the “Terms of Submission” set out below, all laws and regulations governing intellectual property, privacy rights and rights of publicity of third parties apply.

TopFeuds reserves the right to reject any submission that it deems in its sole discretion to be vulgar, profane, offensive, or inappropriate. TopFeuds has the right to delete any submission posted to our site without notifying the artist.

All submitted designs become temporary property of TopFeuds.com while posted on our site. If the slogan or design is selected for print the participant understands and agrees that TopFeuds.com then retains permanent exclusive rights to that design for commercial use on apparel and other promotional products and the participant hereby irrevocably assigns such rights to TopFeuds.com. If the participant is not agreeable to this, the participant should not submit designs to TopFeuds.com.

The winning artist shall be paid a commission for every shirt sold containing their submitted slogan or design. TopFeuds reserves the right to change the commission rate based on the market. The current commission rate is set at 10%

If a participant deletes their account all designs and slogans that have not been selected for print will be deleted as well. However if the participant has a design or slogan that was selected for print that design or slogan remains property of TopFeuds.com and the artist shall not receive any future payments on the merchandise sold.

Commission money is dispensed in $100 increments or if all merchandise containing the slogan or design is sold out. TopFeuds reserves the right to stop payment or sales on any product we sell in our SHOP.

Community Rules

All participants must adhere to the following rules when creating an account and interacting with our community. TopFeuds reserves the right to terminate any account without notice to the participant. Participants may not send vulgar, profane, offensive or inappropriate content to other members. Doing so may result in account suspension or termination. Participants may not display advertisements, spam or any other type of promotional media on our site, doing so will result in account termination without notifying the participant. TopFeuds reserves the right to block users from our site. Participants who abuse our system will have their accounts terminated without notice.

In the event a participant deletes their account, TopFeuds can not re-activate the account. All designs, slogans, messages and content related to that account shall be terminated. In the event the participant has a selected slogan or design that is being manufactured in our SHOP, the product will go without an author and the participant will loose all right to claim prize money.

Terms of Submission

By selecting the “I agree to the Terms & Conditions” checkbox on joining, you are agreeing to the following terms, which serve as a binding agreement (hereinafter “the Agreement”) between you and Top Feuds, Inc. (hereinafter “TF”).

By submitting any word, combination of words, symbol, slogan, photographic image, graphic design or any other type of design (hereinafter collectively referred to as “the Design”) to our site, you represent and warrant to TF that you have the right and authority to convey the rights granted hereunder; that the Design is original and free and clear of any encumbrances or liens and is not subject to any third-party agreements or arrangements that would interfere with their use; that the Design is not libelous, slanderous, obscene, and does not plagiarize; and that the exercise of rights herein granted will not infringe upon any copyright, right of privacy or any other rights whatsoever of any third party. You shall hold TF harmless and shall indemnify TF for all costs and expenses (including reasonable attorney fee's) in the event of a breach of any of the foregoing warranties or representations. These warranties and representations do not extend to any material not furnished by you.
If your Design is selected for print which makes it a winner, you hereby grant to TF, its licensees and assignees, an exclusive right to: (1) reproduce the Design or any parts, alterations or derivatives thereof, in any media or embodiment now known or hereafter to become known (the Products); and (2) publicly display, perform or exhibit, or distribute the Design, as part of the Products, in any way now known or hereafter to become known including without limitation by transmission, broadcast, or electronic communication.

If your Design is not selected for a feud or print, you may delete your Design from our site. Without limiting other remedies, TF may at its sole discretion remove any Design from publication and/or dissemination if it thinks that the Design is creating problems, possible legal liabilities, or is inconsistent with the letter or spirit of TF’s policies, including poor design. The Design may be modified in any way whatsoever, used as a basis for additional illustrations or images (whether or not by you), and the Design and any modifications or derivatives thereof may be digitized without any additional approval being required of you. You hereby waive any and all attribution and integrity rights with regard to the Design whether arising under the law of any state of the United States, United States federal law, or the law of any other country.

TF shall use reasonable efforts to ensure that the use of the Design in the Product is accompanied by a reasonable credit to you (subject to your right to withdraw such credit as discussed above).
This Agreement, in whole or in part, may be freely assigned by TF. You may not assign this Agreement in whole or in part without the prior written approval of TF. If any part, term or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected thereby. This Agreement contains the entire understanding of you and TF with respect to the subject matter hereof and with respect to the matter contained herein and supersedes all prior agreements or understandings. This Agreement shall not be modified except in writing. This Agreement shall be governed by and construed under the laws of the State of New Hampshire, without regard to its principles of conflicts of laws and notwithstanding the fact that you may be domiciled in a different state or country. You stipulate and agree that any and all claims, disputes, controversies, suits or actions arising out of or relating to the provisions of this Agreement or the subject matter hereof and initiated by you, or any successor in interest, shall be adjudicated exclusively in the Circuit or District Courts of New Hampshire, or the United States District Court for the District of New Hampshire, which courts shall have the exclusive jurisdiction and venue for any and all such claims, disputes, controversies, suits or actions, and you hereby stipulate and submit to the personal and subject matter jurisdiction of such courts with respect to such claims.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder. Nothing herein shall be construed as an obligation of TF to manufacture and/or disseminate any specific quantity of Product containing the Design. All manufacturing, dissemination and marketing decisions regarding each Design are left to the sole discretion of TF.

Terms of Use

TF reserves the right to terminate accounts without notice to the participant (hereinafter “the User ”). If the User deletes their account and has Designs selected for print in our SHOP, the Products shall remain property of TF and the Products will be without an author. The User agrees to not re-submit Designs that are already on topfeuds.com, doing so will result in account termination. The User may not message other users vulgar, profane, offensive or inappropriate materials. The User shall be responsible for any legal action that may be taken due to harassment, profanity, pornography or any other legal penalty caused by the Users account, messages or content posted. TF does not claim ownership of the Users message content, board comments, profile information or profile pictures.

Terms of Commerce

TF allows the User to purchase items from our e-commerce store (hereinafter “the Shop”). TopFeuds reserves the right to modify any items in the Shop without notice to the User. This may include, colors, images, information, pricing, sizes and quantities. TF ships all packages as Standard Ground. TF reserves the right to ship packages with a carrier of our choosing based on package weight and location. The User may cancel an order if the package has not already shipped from TF. The User has 30 days upon receiving the Products to return any merchandise back to TF. The User must adhere to the TF Return Policy located in the Shop. All returns must be in resalable condition to receive a refund. On return TF can terminate any open raffle tickets the User may have or any available Bonus Bucks the User has. Items that are returned to TF will not be shipped back to the User.

Terms of Raffle

The TF raffle program allows the User to purchase raffle tickets in the raffle section of the Shop. Raffle tickets may only be purchased with Bonus Bucks which is money earned after the User purchases Products from the Shop. TF reserves the right to adjust the User's bonus bucks, or raffle tickets at anytime without notifying the User. Once a winner is selected for the raffle, the winning User has 10 days to claim the Prize of the Raffle. TF reserves the right to modify the Raffle Prize, this may includes, sizes, colors, models or descriptions.

Terms of Sponsored Sites

Our Sponsored Sites (hereinafter “Partners”) will have their submitted banners randomly generated on pages containing our Partners module. Unless granted, the Partners may not receive refunds on completed contracts. The Partners contract begins on a set date controlled by TF and expires at the end of the contract time. TF defines the time frame of 1 month as being 30 calendar days. Time may not be extended or refunded due to site down-time unless specified by TF. TF reserves the right to pull any banner containing non-compliant content. This includes but is not limited to, pornography, adult content, file formats other than JPG and banners leading to page re-directs.

Terms of Payment

The User shall be paid a commission percentage for every unit of merchandise sold containing their finalized slogan or design. The commission rate may change without notice. Commission money that is earned from orders that are returned will be voided. Commission money will remain in a pending status for 90 days at which time it is eligible for payment. TF strives to make payments at the end of every month but delays may occur which shall result in delayed payments.