Kloth enables the world’s artists to earn money from their artwork by making it immediately available for sale as a variety of products – without giving up control of their rights. We understand the importance of representing one’s work with quality and respect, and we also believe it is essential that all Kloth users respect copyright. Whether an artist, a customer, or even if you’re just browsing, please respect the copyright of all the works you see or buy on Kloth.
By using the services on the www.theklothstore.com, you are agreeing to the following terms of service, including those available by hyperlink, with Kloth. If you do not agree with its terms, do not use this website.
Kloth provides a range of services including but not limited to, enabling you to publish, sell, comment on, promote, and purchase art related products; interact with other members; and receive the benefits of Kloth product production service including payment processing, transaction handling, product manufacturing, packaging, order fulfilment and customer service.
Content & Copyright Policy
You understand that all information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, is the exclusive work and property of the person from whom such Content originated. Kloth does not claim any permanent ownership of your Content. You retain copyright and any other rights you already hold in Content which you submit, post, upload, display, or sell on or through Kloth. When you submit, post, upload, display, or sell Content, you grant Kloth a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license (and sub-licensable) to use and archive the Content in accordance with or as reasonably contemplated by this Agreement.
Kloth does not manually screen Content before it is displayed on the website so occasionally members may inadvertently or deliberately submit and display content that breaches this Agreement. Inappropriate Content includes, but is not limited to, Content that infringes the copyright or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
Kloth reserves the right to review, and if necessary remove, any Content from the website or to cancel your account at its sole discretion, either because that content breaches this Agreement or any applicable laws, or otherwise.
This means that you, and not Kloth, are entirely responsible for all Content that you upload for sale as products, post, email, transmit or otherwise make available via Kloth. Kloth does not control the Content posted via Kloth services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using Kloth services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Kloth be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Kloth.
You understand that you will be exposed to Content from a variety of Kloth users and that Kloth is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Kloth with respect thereto, and agree to defend, indemnify and hold harmless Kloth, its parent corporation, its subsidiaries, its licensors, and their respective officers, directors, employees and agents to the fullest extent allowed by law regarding all matters related to your use of Kloth service.
While we try to offer reliable data, we cannot promise that the Content and postings on Kloth website will always be accurate and up-to-date. You will be responsible for ensuring that your posts are accurate and do not include misleading information. You agree that you will not hold us responsible for inaccuracies in any postings on Kloth website.
Kloth and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via Kloth. Without limiting the foregoing, Kloth and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Kloth or submitted to Kloth, including without limitation information in Kloth collaborations, posts and in all other parts of Kloth.
- You acknowledge, consent and agree that Kloth may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Kloth, its users and the public.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted Content, and take technical and legal steps to keep users off Kloth websites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time.
You will not hold Kloth responsible for other users’ Content, actions or inactions, or collaborations. We have no control over and do not guarantee the quality, safety or legality of collaborations advertised, the truth or accuracy of users’ Content, the ability of parties to deliver on collaborations or that the parties will actually complete a transaction.
We cannot guarantee continuous or secure access to our services, and operation of the websites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our websites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
You must ensure that your access to this website and Kloth Service is not illegal or prohibited by laws that apply to you.
You must take your own precautions to ensure that the process that you employ for accessing Kloth service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website.
We do not accept liability for any losses arising directly or indirectly from a failure to provide Kloth Service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of Kloth service, or any transmissions by others in contravention of the registered members’ obligations as set out in this agreement.
You acknowledge that we may not be able to confirm the identity of other registered users or prevent them acting under false pretences or in a manner that infringes the rights of any person.
If you use any of our trademarks in reference to our products or services, you must include a statement attributing that trade mark to us. You must not use any of our trademarks in or as the whole or part of your own trademarks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including this website).
Termination of Account
Kloth may terminate your access to all or any part of Kloth service at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of Kloth service at any time, provided that all provisions of these Terms of Service, which shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Kloth will terminate your access to the site if you are determined to be, in Kloth sole discretion, a repeat infringer of the Content & Copyright Policy and/or these Terms of Service.
Kloth may, but shall not be obligated to, give you one warning if you have violated these Terms of Service prior to termination of your account.