Terms of service govern your access to and use of the Merch Pocket website, including any content, functionality and services offered on or through https://merchpocket.com/ by Merch Pocket. Merch Pocket is collectively referred here to as “Merch Pocket” “we” or “us” and “you” or “user” means you as an user of the Site.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service, Merch Pocket Payment Terms, found here (“Payment Terms”), You further acknowledge, you have read and understood our Privacy Policy, found here. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms. Contacting our Customer Support team can be performed by submitting a request here.

1. Representations and Warranties

This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. If you are under 13 you are not permitted to use the Site or the Merch Pocket services. 

The Site is available only to users who are not subject to any economic sanctions or trade restrictions imposed by the India, United States, European Union or any other applicable jurisdiction.

By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

2. Key Terms

Buyers are users who purchase services on Merch Pocket.

Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.   

Gig Addons are additional services offered on top of the Seller’s Gig for an additional price defined by the Seller.

Gig Packages allow Sellers to offer services in different formats and prices. Packages can include upgrades, which lets Sellers price their service for a basic price of over ₹500.

Gig Page is where the Seller can describe their Gig and the Gig’s terms, and the Buyer can purchase the Gig and create an Order.

Gig / Gigs / Services  are services offered on Merch Pocket.

Logo Design is an original design for a logo uploaded by a Seller.

Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Service.

Orders are the formal agreements between a Buyer and Seller.

Professions is where eligible Sellers can showcase the Services they offer on Merch Pocket based on specific skills.

Sellers / Freelancers are users who offer and provide Services on Merch Pocket

Seller Page is where Sellers can include all of their information, present a portfolio of other works, showcase their Professions and anything that could be helpful to Buyers.

3. Overview (main terms, in a nutshell)

• Only registered users may buy and sell on Merch Pocket. In registering for an account, you agree to provide us with accurate, complete and updated information regarding your business or personal details, and update such details as required, without undue delay. In addition, you must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
• Sellers determine their pricing, at their sole discretion. Services on Merch Pocket may be offered at a base starting price of ₹500. Merch Pocket reserves the right to set a higher base starting price in certain categories.
• Buyers pay Merch Pocket in advance to create an Order, as further detailed on the Payment Terms.
• For fees and payments please read the Payment Terms.
• Sellers must fulfill their Orders, and may not cancel Orders on a regular basis or without cause. Cancelling Orders will affect Sellers’ reputation and level.
• Sellers gain account levels based on their performance metrics. You can read more about it on the Levels section below.
• Users may not offer or accept payments using any method other than placing an Order through merchpocket.com
• When purchasing on Merch Pocket, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Gig page or unless agreed otherwise between Seller and Buyer. Note: some Gigs charge additional payments (through Gig Extras) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
• Merch Pocket is a marketplace for digital services offered by Sellers. Buyers confirm they will engage all Sellers as independent contractors and will not exercise control over how they perform their work, nor provide supervision or direction on the manner or means by which the services are completed.
• Merch Pocket retains the right to use all delivered work that the Buyer agreed to publish as part of a review or otherwise make public, and Logo Designs, for Merch Pocket marketing and promotion purposes and/or other purposes relevant for the operation and function of the Site.
• We care about your privacy. You can read our Privacy Policy here.

4. Sellers

4.1 Basics

• Sellers create Gigs on Merch Pocket to allow Buyers to purchase their services.
• For information about receiving payments, fees and taxes see the Payment Terms. 
• Sellers may not promote their Gigs, Seller Page or any Merch Pocket content via the Google Ads platform.
• The Seller’s rating is calculated based on the reviews posted by Buyers. High ratings allow Sellers to obtain advanced Seller levels. In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account (see Levels section below).
• Sellers must obtain a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

4.2 Gigs

• Sellers are allowed to post a select amount of active Gigs based on their level status, as further detailed here.
• Gigs created on Merch Pocket are User Generated Content.
• Gigs and/or users may be removed by Merch Pocket from the Site for violations of the Terms, which may include (but are not limited to) the following violations and/or materials:
• Illegal or fraudulent services
• Copyright Infringement, trademark infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy found here
• Adult oriented services, pornographic, inappropriate/obscene
• Intentional copies of Gigs
• Spam, nonsense, violent or deceptive Gigs
• Gigs misleading to Buyers or others
• Reselling of regulated goods
• Offering to prepare academic works on behalf of Buyers
• Low quality services or deliveries
• Promoting Merch Pocket and/or Merch Pocket Gigs through activities that are prohibited by any laws, regulations and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
• Gigs that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
• Gigs that have been permanently removed for violations are not eligible to be restored or edited.
• Gigs may be removed from our listings due to violations of our Terms, poor performance, and/or user misconduct.
• Gigs may include website URLs to pre-approved URL-patterns contained within the Gig description and requirements box. Gigs containing websites promoting content, which violates Merch Pocket’s Terms, will be removed.
• Gigs are required to have an appropriate Gig image related to the service offered. Sellers must deliver the same quality of service as shown on their Gig images. Recurring deliveries that don’t match the quality shown on the Gig images may lead to the Seller’s account losing Seller level or becoming permanently disabled.
• Gigs may contain an approved Gig video uploaded through the Gig management tools available on Merch Pocket, as further described here.
• Statements on the Gig Page that undermine or circumvent these Terms are prohibited.
• Eligible Gigs may set up Gig Packages to offer their services in structured formats with multiple price points for the selected Gig.
• Certain categories are available only to Pro Freelancers to create Gigs. If you are not a Pro Freelancer, creating a Gig for services available to Pro Freelancers only may result in removal of your Gig.

4.3 Gig Extras

• Gig Extras are additional services offered on top of the Seller’s Gig for an additional price defined by the Seller.
• Gig Extras may be removed for violations of our Terms. For specific terms, please see the Gigs section above for a list of services that violate our Terms. Gigs are subject to be removed due to violations found in Gig Extras.
• Services offered through Gig Extras must be related to the base service and part of the deliverables on the Order.
• Gig Extras may cover different categories of services that are components to a higher quality delivered service.
• Sellers have the option to extend the duration of an Order for each Gig Extra that is added to the Order. This is to cover the time needed to complete the extra service.

4.4 Levels

Our level system empowers Sellers with metrics demonstrating what drives their progress. As Sellers gain more experience on the platform and advance to higher Levels, they will be eligible for new benefits and tools.

• Merch Pocket Sellers can gain account levels based on their activity and performance metrics. For Top Rated Seller Level (TRS), eligibility is also based on manual evaluation. Details about the level criteria and the relevant performance metrics can be found here.
• In certain categories, the TRS evaluation process may require sellers to complete mandatory tests or other verification steps.
• Merch Pocket may update the level criteria and the benefits and tools per level from time to time.
• Violations of these Terms, may result in your account being placed on hold from progress in the leveling system, excluding your account from participation in the leveling system and/or affect your eligibility to certain benefits and tools.  

4.6 Seller Features

Merch Pocket Sellers have access to several exclusive features that help customize the way their services can be offered.

Custom Offer

• Sellers can send Custom Offers addressing specific requirements of a Buyer.
• Custom Offers are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service.
• Custom Offers are sent from the conversation page.
• Services provided through Custom Offers may not violate Merch Pocket’s Terms.

5. Buyers

5.1 Basics

• Merch Pocket retains the right to use all delivered work that the Buyer agreed to publish as part of a review or otherwise make public, and Logo Designs, for Merch Pocket marketing and promotion purposes and/or other purposes relevant for the operation and function of the Site.
• Services and AI generated content requested by Buyer must comply with Merch Pocket Community Standards.
• When placing an Order on the Merch Pocket platform you may only use funds that were obtained from legal sources and are not, directly or indirectly, connected to any unlawful or fraudulent activities.
• Please refer to the Payment Terms for making payments through the Site and to learn about fees and taxes.

5.2 Non Circumvention; Non Solicitation      

• You may not offer or solicit (or accept any offer or solicitation from) Sellers to contract, engage, pay, or make payment outside of merchpocket.com site. In case you have been asked to violate this undertaking, use an alternative payment method or to receive services outside of merchpocket.com, please report it immediately to Customer Support here.
• You acknowledge and agree that a violation of this non-circumvention and non-solicitation requirement is a material breach of these Terms and may lead to a permanent disabling of your account.

5.3 Recommendation System

We make personalized recommendations of content to our users in order to enhance the experience on Merch Pocket. To learn more about Merch Pocket’s Recommendation System, see here.

6. Orders

6.1 Basics

• Once payment is confirmed, your Order will be created.
• An Order is marked as Complete after it is marked as “Delivered” and then accepted by a Buyer. An Order will be automatically marked as “Complete” if not accepted and no request for modification was submitted within 3 days after the Order was marked as “Delivered”. The Buyer may extend such period by up to 5 additional days.

6.2 Handling Orders

• When a Buyer places an Order, the Seller is notified by email as well as notifications on the Site while logged into the account.
• Sellers are required to meet the delivery time they specified when creating their Gigs or Custom Offer. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late and may harm the Seller’s level.
• Sellers must send completed files and/or proof of work when marking the Order as “Delivered”.
• The Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in these Terms. Using the “Deliver Work” button when an Order was not fulfilled may result in a cancellation of that Order after review, affect the Seller’s rating and result in a warning to Seller.
• Users are responsible for scanning all transferred files for viruses and malware. Merch Pocket will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
• Buyers may use the “Request Revisions” feature located on the Order Page while an Order is marked as Delivered if the delivered materials do not match the Seller’s description on their Gig Page or they do not match the requirements sent to the Seller at the beginning of the Order process.
• Merch Pocket reserves the right to mark Orders as “completed” after a revision has been requested in cases where Buyers have not been responsive with their Sellers or if we recognize abuse of the Merch Pocket Order system.

6.4 Reviews

• Reviews provided by Buyers are an essential part of Merch Pocket’s rating system. To Learn more about Merch Pocket’s review system, please see here.
• Reviews will not be removed unless there are clear violations of our Terms.
• To prevent any misuse of our review system, all reviews must come from legitimate and eligible orders, as further detailed here. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Site, may result in a permanent suspension of all related accounts.
• Withholding the delivery of services, files, or information required to complete the Gig’s service with the intent to gain favorable reviews or additional services is prohibited. Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
• Once both Seller and Buyer have completed their reviews, or the applicable review period has passed, all posted reviews are made public.

Please note that reselling the Logo Design and/or Logo Design variations is forbidden and may result in restrictions to your account. Merch Pocket reserves the right to provide you with generally available updates to the editing tool and/or terminate the service at its sole discretion.

8. User Conduct and Protection

Merch Pocket enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value.

Merch Pocket maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Merch Pocket. This section relates to the expected conduct users should adhere to while interacting with each other on Merch Pocket.

To report a violation of our Terms, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.

8.1 Basics

• Requesting or providing email addresses, third party messaging applications, telephone numbers or any other personal contact details to communicate outside of Merch Pocket in order to circumvent or abuse the Merch Pocket messaging system or Merch Pocket platform is not permitted.
• Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
• Merch Pocket does not provide any guarantee of the level of service offered by Sellers to Buyers. You may use the dispute resolution tools provided to you in the Order Page.
• Merch Pocket does not provide protection for users who interact outside of the Site.
• All information and file exchanges must be performed exclusively on the Site.
• Rude, abusive, or improper language, and violent or threatening messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
• You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.
• Users may not submit proposals or solicit parties introduced through Merch Pocket to contract, engage with, or pay outside of Merch Pocket.

8.2 Orders

• Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
• Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling Orders that do not align on Order Cancellation or Feedback policies.

8.3 Gigs & Seller Page

• Sellers warrant that any content included in their Services, Gig Page and Seller Page, is original work conceived by the Seller and does not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Service, Gig Page or Seller Page, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Gigs.
• Users may report Gigs or Services, that may be in violation of Merch Pocket’s Terms based on the reported Gig’s replicated similarity to pre-existing services (copycat Gigs) through our reporting system or to Customer Support.
• Merch Pocket will respond to clear and complete notices of alleged copyright or trademark infringement. To learn how to report IP violations click here. If you are reporting copyright or trademark infringement, see our designated Intellectual Property Claims Policy here.

8.4 Reporting Violations

If you come across any content that may violate our Terms and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms. All cases are reviewed by our Trust & Safety team. Our decision, among others, may rely on the information that you provided to us . To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information. Any misuse of our reporting system, as further detailed here, may result in a restriction or a permanent suspension of the related accounts.

8.5 Violations

• Users may receive a warning to their account for violations of our Terms or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can result in your account being placed on hold from progress in the leveling system, excluding your account from participation in the leveling system, affect your eligibility sell on the platform, or to certain benefits and tools, remove your Gigs from our listings or lead your account to becoming permanently disabled.
• If we have taken action against a user’s account or a Gig(s), for the violation of our Terms, we will send the user an email explaining the reasons and basis for such actions as well as their options regarding an additional review. For more information see our Notices and Appeals section.

Non-Permitted Usage

• Adult Services & Pornography – Merch Pocket does not allow any exchange of adult oriented or pornographic materials and services.
• Inappropriate Behavior & Language – Communication on Merch Pocket should be friendly, constructive, and professional. Merch Pocket condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
• Phishing and Spam – Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Services  or Orders.
• Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Merch Pocket will not be protected by our Terms of Service.
• Authentic Merch Pocket Profile – You may not create a false identity on Merch Pocket, misrepresent your identity, create a Merch Pocket profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Merch Pocket reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, register excerpts, documents, etc.).    
• Intellectual Property Claims – Merch Pocket will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.
• Fraud / Unlawful Use – You may not use Merch Pocket for any unlawful purposes or to conduct illegal activities, including to bypass economic sanctions or trade restrictions imposed by the United States, European Union or any other applicable jurisdiction.

Abuse and Spam

• Multiple Accounts – To prevent fraud and abuse, users are limited to one active Merch Pocket account and one member in a Merch Pocket Pro account or Team Account, as applicable. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Merch Pocket community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Merch Pocket’s Terms may be a cause for permanent suspension of all accounts.
• Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Merch Pocket. This includes creating new multiple accounts to harass members through our message or ordering system.
• Selling Accounts – You may not buy or sell Merch Pocket accounts.

8.6 Disputes and Cancellations

We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Merch Pocket’s Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.

8.7 Content Moderation, Notices and Appeals

• Merch Pocket is generally not obligated to proactively check the content posted by users for its legality or compatibility with Terms. We are nonetheless entitled to carry out voluntary checks on our own initiative to identify and determine illegal or incompatible content and to take appropriate measures. We may take appropriate actions if we find, or are notified of, a violation of the Terms. For more information on our content moderation processes, see here.
• If Merch Pocket takes action concerning you, your account or content, you can file a complaint against this decision. You may also file a complaint if you disagree with our decision following a notice you submitted. In both cases, the deadline for submitting a complaint is six months following the notification of the respective decision to you. You may file a complaint by contacting our Customer Support. Please explain in your complaint why you believe we should reverse our decision.
• We will handle complaints in a timely, non-discriminatory, diligent, and objective manner and will reverse our decision if we come to the conclusion that it has been taken erroneously.
• We reserve the right to refuse to cooperate with the selected Dispute Settlement Body if: (i) the respective dispute has already been resolved or is already subject to an ongoing procedure before the competent court or before another competent Dispute Settlement Body; or (ii) the six-months period from notification of our decision to you has expired without you filing a complaint through our internal complaint-handling or addressing the Dispute Settlement Body.
• The decisions of Dispute Settlement Bodies are not binding on either party.

8.8 Proprietary Restrictions

The Site, including its features, general layout, look and feel, design, information, content and other materials available thereon (other than UGC), and all intellectual property rights related to it are exclusively owned by Merch Pocket . Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications and including any third party component or technology used to operate the Site or any of its features): (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) access it, or use any delivery, in order to develop or build similar or competitive products or features, seek to acquire any ownership interest or license, sell, transfer, time-share, or lease it (or attempt any of the foregoing); (iii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iv) remove any copyright notice, identification or any other proprietary notices; (v) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (vi) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vii) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (viii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, retrieve, extract, copy or collect content or data from or through the Site, or engage in any manual process to do the same;(ix) systematically retrieve data or other content to create or compile, directly or indirectly, a collection, compilation, database, or directory, (x) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (xi) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (xii) access or use the Site in any way not expressly permitted by the Terms. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Except for the limited right to use the Site according to these Terms of Service, Merch Pocket owns all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content (other than UGC) including, without limitation, the exclusive right to create derivative works. 

8.9 Feedback Rights

To the extent that you provide Merch Pocket with any comments, suggestions or other feedback regarding the the Site, as well as other Merch Pocket products or services (collective, the “Feedback”), you will be deemed to have granted Merch Pocket an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Merch Pocket is under no obligation to implement any Feedback it may receive from users.

8.10 Confidentiality

Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the Services, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the Services; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.

9. User Generated Content

User Generated Content (“UGC”) refers to the content uploaded by users as opposed to content created by the Site. All content uploaded to the Site by our users (Buyers and Sellers) is User Generated Content. Merch Pocket does not proactively check UGC for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Site, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Violating content may be removed or disabled. To learn more on our reporting tools, see here.

Furthermore, Merch Pocket is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Pro Freelancers, Top Rated Sellers, Merch Pocket Choice, offer Merch Pocket Ads or otherwise). We provide no warranty with respect to Services on Merch Pocket, their delivery, any communications between Buyers and Sellers and the Logo Designs created through the Logo Maker. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.

By offering a Service, the Seller undertakes that they have sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Merch Pocket. Sellers advertising online their Services, including Gig Page, Seller Page, or Logo Design created through the Logo Maker must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Gig, or Logo Design from the Logo Maker, as applicable, and may lead to the suspension of Seller’s account.

Sellers may reference third-party names, trademarks, or brands in their content only when reasonably necessary to describe their Services, or when they have a valid license to use such trademarks. Unless expressly stated otherwise, such references are permitted solely for descriptive purposes and may not suggest unauthorized affiliation, endorsement, or sponsorship by the third-party brand or by Merch Pocket.    

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement or trademark infringement – please see our Intellectual Property Claims Policy which forms an integral part of the Terms. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

10. Ownership

Ownership and limitations: When purchasing a Service on Merch Pocket, unless clearly stated otherwise on the Seller’s Gig page/description or in the Custom Offer, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights (to the extent permitted by applicable law) therein. Accordingly, the Seller expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Seller agrees that it thereby, pursuant to the Terms, assigns all right, title and interest in and to the delivered work to the Buyer. Some Gigs (including for custom created work) charge additional payments (through Gig Extras) for a Commercial Use License. This means that if you purchase the Gig for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Gig Extra and will have broader rights that cover your business use.

Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Merch Pocket, including Gig texts, photos, videos, usernames, user photos, Merch Pocket Answers, user videos and any other information, including the display of delivered work, may be used by Merch Pocket for no consideration for marketing purposes and/or other purpose relevant for the operation and function of the Site.

10.2 Commercial Use License

By purchasing a “Commercial Use License” with your Order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all ownership rights. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Merch Pocket’s Terms. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Merch Pocket will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

For Gigs that offer integration of Stock Media in the delivered work through Gig Extras, the Stock Media license terms, available here, apply. Buyers are granted a license to use the delivered work containing Stock Media in accordance with these terms which outline the permissible uses and restrictions associated with the Stock Media.

11. Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT, FEATURES, SERVICES AND PROGRAMS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, FEATURES, SERVICES AND PROGRAMS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, PROVIDED THAT WE HAVE ACTED WITH REASONABLE PROFESSIONAL DILIGENCE. NEITHER Merch Pocket NOR ANY PERSON ASSOCIATED WITH Merch Pocket MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Limitation on Liability

PROVIDED THAT WE HAVE ACTED WITH REASONABLE PROFESSIONAL DILIGENCE, IN NO EVENT WILL Merch Pocket, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, THE CONDUCT OF THIRD PARTIES, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Merch Pocket, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.

14. Deactivate and Disable Account

• Merch Pocket reserves the right to put any account on hold or permanently disable accounts due to breach of the Terms, including low quality services or deliveries, or due to any illegal or inappropriate use of the Site or services.
• Violation of Merch Pocket’s Terms may get your account permanently disabled.
• Users with disabled accounts will not be able to sell or buy on Merch Pocket and related content may be removed. Please refer to the Terms, in particular the Content Moderation, Notices and Appeals section, for your rights to object to our decisions, or contact our Customer Support team for more information surrounding the violation and status of your account.
• Users may also deactivate their account with Merch Pocket at any time from their account settings. Users that deactivate their account will still be responsible for any outstanding payment obligations. For more information, see “How to deactivate or permanently delete your account (opens in a new tab)“.
• Any provisions of the Terms that relate to the relation between a Seller and a Buyer regarding Orders on Merch Pocket will remain in effect even after you deactivate your account, or after your access to Merch Pocket is disabled.

15. Security Features

• Users have the option to enable account Security features to protect their account from any unauthorized usage.
• Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.

16. General Terms

16.1 Changes to these Terms

• Merch Pocket may make changes to these Terms from time to time. When these changes are made, Merch Pocket will make a new copy of the Terms available on the respective page.
• You understand and agree that if you use Merch Pocket after the date on which the Terms have changed, Merch Pocket will treat your use as acceptance of the updated Terms. If you do not agree to the changes of the Terms, you will have to deactivate your account. For more information, see “How to deactivate or permanently delete your account (opens in a new tab)“.
• Merch Pocket may change these Terms due to changes in the Site, the Site’s policies, the services and in the usual course of developing our product, changes in any relevant feature or functionality of the Site, changes in circumstances beyond our reasonable control, to adapt to new technologies, and to address changes in law and regulatory requirements as well as security and fraud issues.
• Apart from (1) changes by Merch Pocket to these Terms in accordance with this section and (2) your ability to opt out of the requirement to arbitrate via email notice to opt-out-arbitration@merchpocket.com in accordance with the “Disputes with Merch Pocket” section above, no modification, waiver, or amendment to these Terms is effective unless made in writing and signed by you and Merch Pocket.

16.2 Specific Provision for US and Canada Residents 

• Choice of Law. If you are a  resident of the US or Canada, these Terms shall be governed by and construed in accordance with the laws of the State of New York, without respect to its conflict of laws principles.

16.3 Indemnification

To the fullest extent possible pursuant to applicable law, you agree to defend, indemnify, and hold Merch Pocket harmless, including its officers, directors, or shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any of these Terms or any other Merch Pocket Terms, policies and standards; , (2) any claim or demand regarding the nature of the relation between Buyer and Seller as an independent contractor; (3) your violation of any third-party right, including any intellectual property right, access rights, property, or privacy right; and/or (4) any other type of claim that your Gig Page, Seller Page, Services, your profile and/or your use of the Site or Merch Pocket services caused to a third party, provided that Merch Pocket acts with reasonable professional diligence. Merch Pocket reserves the right to handle its legal defense however it deems fit—even if you are indemnifying Merch Pocket—in which case you agree to cooperate with Merch Pocket so it can execute its strategy.

16.4 Severability

If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Merch Pocket’s failure to enforce any part of the Terms is not a waiver of its right to later enforce that or any other part of the Terms.

16.5 Assignment

All the terms and provisions of the Terms will be binding upon and inure to the benefit of the parties and to their respective heirs, successors, permitted assigns and legal representatives. Merch Pocket may assign or otherwise transfer its rights and/or obligations under the Terms without your consent or a notice to you, unless otherwise required by applicable law. You may not assign or transfer any of your rights and obligations under the Terms without the prior written consent of Merch Pocket. Any attempted or actual assignment thereof without Merch Pocket’s prior explicit and written consent will be null and void.

16.6 Entire Agreement

Our Terms constitute the entire agreement concerning the subject matter therein, and supersede any other agreement regarding the Site or services.

16.7 Interpretation

• Any heading, caption or section title contained herein, and/or any explanation or summary columns, is provided only for convenience, and in no way alters and/or amend the provisions within the Terms nor shall it legally bind us in any way.
• The original language of the Terms is English. Merch Pocket makes this translation available for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail. For consumers only, if you are residing in the EEA, the interpretation more favorable with the consumer shall prevail.