Terms of service
General
- When You use Our Services and Content, You are agreeing to:
- Our Terms of Service
- Our Privacy Policy
- Our Intellectual Property Policy
- Any other terms or policies we reference below.
- Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, the Agreement constitutes the entire understanding pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between you in relation to the access to and use of the Service.
- If any provision of these Terms of Service are held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
Terms not defined in this section shall have the meaning provided elsewhere in the Terms of Service.
“Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service,”) and all other operating rules, policies, including McNabb Clan Privacy Policy and McNabb Clan Intellectual Property Policy, and procedures that we may publish from time to time on the Website including but not limited to Shipping, Payments, and Returns.
“Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service.
“Consumer Packaged Goods” refers to Products that customers use up and replace on a regular or frequent basis offered on our Website including, but not limited to cosmetics, coffee, and supplements.
“Customers” refers to individuals or entities that purchase Your Products through a Sales Channel.
“Orders” refer to Your Products once they have been purchased by You or Your customers.
“Produced Orders” refer to Orders that have been completed and shipped.
“Products,” refers to all products offered by different Providers on our Website including, but not limited to clothing, accessories, home decor, kitchenware, footwear, and stationary, cosmetics and other Consumer Packaged Goods.
“Providers,” refers to the organizations and companies, including its third-party contract manufacturers, that McNabb Clan partners within the scope of its Service to offer Products to You.
“Sales Channels,” or “Stores” refer to the other websites and platforms that You use to sell Your Products, including but not limited to Shopify, Woocommerce, Ebay, or Etsy.
“Us” and/or “We” and/or “McNabb Clan” refers to McNabb Clan, Inc., as well as our affiliated legal entities, subsidiaries (including, but not limited to, McNabb Clan Development SIA), directors, contractors, licensors, officers, agents, and employees. McNabb Clan reserves the right to and may provide Services to you through various McNabb Clan legal entities depending on multiple factors, such as, but not limited to Print Provider’s location, your location, region in which the transaction takes place and others.
“User,” “You,” “Your” refers to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions.
“User Products” refers to Products created by Users adding Content using the Service. “Your Mockups” are visual representations of Users’ Products created through the Service.
“User-Generated Content” is Content, written or otherwise that is created or uploaded by our Users.
“Website” refers to McNabb Clan’s website located at McNabb Clan.com, and all content, services and products provided by McNabb Clan through the Website. It also includes McNabb Clan-owned subdomains of McNabb Clan.com, such as app. McNabb Clan.com, McNabb Clanapp.com and all subdomains of McNabb Clanapp.com such as app .McNabb Clanapp.com, and the use of future and current McNabb Clan plugins, such as those available in the Shopify App store, Woocommerce, Etsy,. Occasionally, McNabb Clan plugin pages and websites owned by McNabb Clan may provide additional or different terms of service. If those additional terms conflict with these Terms of Service, the terms in the additional terms with regard to the matter in conflict shall apply.
“Your Content” is Content that you create or own; provided, however, that “Your Content” may not, under any circumstances, constitute ingredients or physical additions to any Products which are Consumer Packaged Goods.
“Branding Element” refers to an element printed on demand and added to the Order, such as, a customized card, packaging or other.
“Illicit Activity” shall mean any intentional act or omission, including, but not limited to, deception, misrepresentation, or concealment of material facts, committed by a party with the purpose of obtaining an unjust advantage, causing harm or loss to another party, or securing money, property, services, or other benefits, or otherwise contrary to applicable laws and regulations. Illicit Activity may encompass various acts or omissions, such as: (a) defrauding others of money or services, which involves, but is not limited to, obtaining money or services through false pretenses, manipulation, or false promises; (b) forgery, which includes, but is not limited to, creating, altering, or using false documents, signatures, stolen or forged payment instruments or other items with the intent to deceive or defraud; (c) fraudulent misrepresentation, which includes, but is not limited to, making false statements or omitting material facts, knowing it to be false or misleading, with the intent to induce another party to rely on such statements or omissions to their detriment; (d) engaging in, facilitating or permitting any activity, directly or indirectly, that involves money laundering, proliferation or terrorism financing, circumvention of any sanctions applicable under national or international sanction regimes. (e) any other acts or practices that are considered unlawful under applicable laws and regulations.
“McNabb Clan Pop-Up” refers to McNabb Clan service, which allows You to publish User Products on a dedicated section of McNabb Clan e-commerce store that is hosted by McNabb Clan.
“McNabb Clan Branding” refers to McNabb Clan Service enabling You to send a customized Branding Element to the Customer.
“Your Pop-Up Store” refers to the section dedicated to you in the e-commerce store hosted by McNabb Clan that you create by using McNabb Clan Pop-Up Service.