Terms Of Service

Welcome to The Nerd Burrow.

Nerd Burrow’s service (the “Nerd Burrow Service”) is located at nerdburrow.com and is operated by Nerd Burrow, Inc. and its subsidiaries (collectively, “Nerd Burrow”). The Nerd Burrow Service provides sellers with the ability to create and sell custom merchandise and apparel and buyers with the ability to find high-quality, unique products.

We offer the Nerd Burrow Service subject to the following Terms of Service, specifically including Nerd Burrow’s Privacy Policy. If you do not agree to these Terms of Service, you are not authorized to use the Nerd Burrow Service. To note, these Terms of Service apply to all of our products and services. If we include some additional terms for tools you can download from the Service or other services, those provisions are incorporated into these Terms of Service.

Use of the Nerd Burrow Service

Information You Provide: Certain features of the Nerd Burrow Service require registration. If you choose to register, you agree to provide and maintain accurate, current and complete information about yourself. Registration data and personal information about you are governed by our Privacy Policy.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Please immediately notify Nerd Burrow of any unauthorized use of your password or account or any other breach of security.

Social Networking Services: You may enable certain components of the Service or log in to the Service via certain third party social networking services, such as Facebook (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Nerd Burrow Service, we make your online tools and experiences richer and more powerful and personalized. To take advantage of these features and capabilities, we may ask you to authenticate, register for or log into those Social Networking Services. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy.

Please remember that Nerd Burrow has no control over the way Social Networking Services use, store and disclose your information. Please review their policies to understand their privacy-related practices. Nerd Burrow also has no control over the content made available through any Social Networking Service. Please review their policies to understand their content-related practices. Nerd Burrow does not have any liability or responsibility for the acts or omissions of any of the Social Networking Services accessed through the Nerd Burrow Service. Nerd Burrow enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

Promotions: Any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the Nerd Burrow Service may be governed by specific rules that are in addition to these Terms of Service. By participating in any Promotion, you will become subject to those rules. To the extent that the terms and conditions of the Promotion rules conflict with these Terms of Service, the terms and conditions of the Promotion will control.

Age Requirement: If you are under 13 years of age, you are not authorized to use the Service. If you are under 18 years old, you may use the Nerd Burrow Service only with the approval of your parent or guardian.

Applicable Laws: In connection with your use of the Nerd Burrow Service, you will comply with all applicable laws, regulations and industry standards.

General Practices and Instructions Regarding Use: You will comply with any instructions provided to you by Nerd Burrow in connection with your use of the Nerd Burrow Service. Nerd Burrow may establish general practices and limits concerning use of the Nerd Burrow Service. Nerd Burrow reserves the right to change its instructions, general practices and limits at any time, in its sole discretion, with or without notice.

Sellers: Creation and Implementation of Nerd Burrow Campaigns

The Nerd Burrow Service allows sellers to create campaigns and sell custom merchandise and apparel through those campaigns. Following are specific obligations concerning the initiation of any campaign. To the extent any campaign violates these Terms of Service, we may choose to terminate, delay or modify the campaign in our discretion. For additional information about the Nerd Burrow Service, please refer to Nerd Burrow’s Frequently Asked Questions portal.

Your Right to Conduct a Campaign: By creating a campaign through the Nerd Burrow Service, you represent and warrant that you own or are the licensee of all trademark rights, copyrights, rights of publicity and other intellectual property or other proprietary rights necessary to create and conduct the campaign (“Campaign Rights”), including any rights relating to the name, description, images, text or URL used for the campaign. You will provide Nerd Burrow with evidence of your Campaign Rights upon request.

Nerd Burrow does not claim any ownership rights in the content you upload to the Nerd Burrow Service. Please be sure you maintain copies of all of your work. Nerd Burrow has no responsibility or liability for the deletion or failure to store any content or information uploaded to the Nerd Burrow Service.

Nerd Burrow retains all ownership rights in any designs created by Nerd Burrow designers and may not be used by you, other than in connection with your campaigns on the Nerd Burrow Service, without Nerd Burrow’s express written consent.

For the purpose of implementing and fulfilling your campaign and for the purpose of advertising the Nerd Burrow Service in any medium Nerd Burrow chooses, you hereby grant Nerd Burrow a nonexclusive, worldwide, fully paid up, transferable, sublicensable license under your Campaign Rights to copy, display, distribute, modify the content you upload to the Nerd Burrow Service (including all related images, text, content and information).

Acceptable Use; Indemnity: Your use of the Nerd Burrow Service, including the creation and implementation of product campaigns, is subject to these Terms of Service (including our Acceptable Use Policy). To the extent any campaign violates or is alleged to violate our Acceptable Use Policy or any other part of these Terms of Service, in addition to any other remedies, you agree that Nerd Burrow has the right to withhold and redirect any funds collected relating to the campaign, which funds will be disbursed based on Nerd Burrow’s internal policies (for example, Nerd Burrow may give the funds to a charity where a campaign falsely states it is raising funds for that charity, or Nerd Burrow may apply such funds to any judgment or settlement, and/or the reimbursement of Nerd Burrow’s expenses, resulting from a third party’s claim of infringement) and to control the defense or settlement of any claim or suit resulting from any such violation or alleged violation; and you agree to fully cooperate with Nerd Burrow in such activities. Without limiting the foregoing, you also agree to indemnify and hold Nerd Burrow harmless from any and all liabilities, losses, damages and expenses arising out of your violation or any alleged violation of our Acceptable Use Policy or any other part of these Terms of Service.

Quality of Artwork and Promotions: Each campaign must meet reasonable production standards (e.g. a campaign may not include a low quality image that will not print well). All of your advertisements or promotional descriptions, including content that is uploaded to the Nerd Burrow Service, must be accurate and correct and must not include any content concerning non-Nerd Burrow activities, events, products, services or promotions.

Proceeds from Campaign: If you create a campaign through the Nerd Burrow Service, you will be given a “base price” from Nerd Burrow for each product. You will also have the opportunity to set the sale price for each product. Once your campaign is launched and products are sold, you will earn the difference between the base price and your sale price, less returns. You may request payout through your dashboard at any time. You are solely and fully responsible for payment of any income taxes applicable to the amounts you earn through the Nerd Burrow Service. Prior to receiving your payout, you may be required to provide additional information to Nerd Burrow as needed by Nerd Burrow to comply with its reporting obligations.

Partnership Disputes: If you work with other people on your campaign, and there is a dispute between you and your partners, even though Nerd Burrow receives notice of the dispute, Nerd Burrow is entitled to make payouts and otherwise correspond with the original registrant. Alternatively, Nerd Burrow may withhold payouts until the dispute is resolved, in Nerd Burrow’s sole discretion.

Charities/Fundraising: You represent and warrant that any campaign you create that implicitly or explicitly relates to a charity or fundraising effort is authorized by such charity or fundraising effort, and you will ensure that your campaign description clearly and accurately states the percentage of proceeds that will be donated and to whom those proceeds will be donated.

Nerd Burrow Right to Lower Sales Goal: You will be able to set the “sales goal” for each campaign. You agree that Nerd Burrow may, in its sole discretion, begin to fulfill orders before your sales goal is met.

Buyers: Purchasing of Merchandise

Payment: If you purchase any merchandise through the Nerd Burrow Service, you will be required to provide Nerd Burrow information regarding your credit card or other payment instrument. You represent and warrant to Nerd Burrow that such information is true and that you are authorized to use the payment instrument. You will be responsible for all taxes associated with your purchase of merchandise through the Service.

Loss and Cancellation: Title and risk of loss for all merchandise ordered by you will pass to you on our delivery to the shipping carrier. We reserve the right to cancel any order for any merchandise for any reason.

Returns: You acknowledge and agree that goods produced by us for you are bespoke, custom-made goods. Other than where goods are faulty, you have no right to cancel any order or return any goods and all orders are final.

Nerd Burrow’s Proprietary Rights

Service Content, Software and Trademarks: You are only authorized to use the Nerd Burrow Service for the purpose of engaging in business transactions with Nerd Burrow. You may not use any automated technology to scrape, mine or gather any information from the Nerd Burrow Service or otherwise access the pages of the Nerd Burrow Service for any unauthorized purpose. If you are blocked by Nerd Burrow from accessing the Nerd Burrow Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). The technology and software underlying the Nerd Burrow Service or distributed in connection therewith are the property of Nerd Burrow, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.

The Nerd Burrow Service may contain images, artwork, fonts and other content or features (“Service Content”) that are protected by intellectual property rights and laws. Except as expressly authorized by Nerd Burrow, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the Nerd Burrow Service or the Service Content, in whole or in part. Any use of the Nerd Burrow Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Nerd Burrow.

The Nerd Burrow name and logos are trademarks and service marks of Nerd Burrow (collectively the “Nerd Burrow Trademarks”). Other company, product and service names and logos used and displayed via the Nerd Burrow Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Nerd Burrow. Nothing in these Terms of Service or the Nerd Burrow Service should be construed as granting any license or right to use any of Nerd Burrow Trademarks displayed on the Nerd Burrow Service, without our prior written permission in each instance. All goodwill generated from the use of Nerd Burrow Trademarks will inure to Nerd Burrow’s exclusive benefit.

Third Party Material: Under no circumstances will Nerd Burrow be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content or materials. To the maximum extent permitted under applicable law, the third party providers of such content and materials are express and intended third party beneficiaries of these Terms of Services with respect to their content and materials.

Nerd Burrow may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Nerd Burrow, its users or the public.

Third Party Websites

The Nerd Burrow Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Nerd Burrow has no control over such sites and resources and Nerd Burrow is not responsible for and does not endorse such sites and resources. Nerd Burrow will 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 content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Nerd Burrow Service are between you and the third party, and you agree that Nerd Burrow is not liable for any loss or claim that you may have against any such third party.

Disclaimer of Warranties

YOUR USE OF THE Nerd Burrow SERVICE IS AT YOUR SOLE RISK. THE Nerd Burrow SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING A BUYER’S RIGHT TO RETURN MERCHANDISE AND OBTAIN A REFUND TO THE EXTENT DESCRIBED IN OUR RETURN POLICY, Nerd Burrow EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY CAMPAIGN, MERCHANDISE OR SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability

Nerd Burrow WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Nerd Burrow HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL Nerd Burrow’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Nerd Burrow OR Nerd Burrow HAS PAID YOU IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Termination

Nerd Burrow, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Nerd Burrow Service and remove and discard any content within the Nerd Burrow Service, for any reason. Further, you agree that Nerd Burrow will not be liable to you or any third party for any termination of your access to the Nerd Burrow Service.

Relationship

Each party is an independent contractor in the performance of each and every part of these Terms of Service. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of its activities under these Terms of Service. You do not have the authority to commit Nerd Burrow in any way and will not attempt to do so or imply that you have the right to do so.

Governing Law

For users located in the European Union: These Terms of Service will be governed by the laws of the United Kingdom, without regard to its conflict of law provisions. With respect to any disputes, you and Nerd Burrow agree to submit to the personal and exclusive jurisdiction of the courts located in London, England. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.

For all other users: These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes, you and Nerd Burrow agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.

General

These Terms of Service constitute the entire agreement between you and Nerd Burrow and govern your use of the Nerd Burrow Service, superseding any prior agreements between you and Nerd Burrow with respect to the Nerd Burrow Service. The failure of Nerd Burrow to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Nerd Burrow, but Nerd Burrow may assign or transfer these Terms of Service, in whole or in part, without restriction. Notices to you may be made via either email or regular mail. Nerd Burrow may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Nerd Burrow Service.

Notice for Users in California

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Nerd Burrow, Inc., 460 Bryant Street, Suite 200, San Francisco, CA 94107.

Questions? Concerns? Suggestions?

Please contact us with any questions regarding these Terms of Service or the Nerd Burrow Service.

Last Revised November 24th, 2017