Terms of Service
knitout provides users with an automated Internet-based service, to design and sell custom, American made socks. By using knitout and its services in any capacity, you have agreed to the terms and conditions of this Agreement and agree to use the site and service solely as provided in this Agreement. For additional clarification on these Terms of Service, please contact knitout’s customer service support team.
By violating this user agreement in any capacity, you are subject to an immediate removal of your campaign(s), possible forfeit of profit(s), and potential suspension or termination of your account.
By creating a campaign on the knitout site:
- You agree to accept and abide by knitout’s Terms of Service in their entirety.
- With respect to any trademarks, service marks or copyrights that you have licensed from the owner thereof (the “Licensed Rights”), you agree to comply with any restrictions or conditions imposed on the use of the Licensed Rights.
- You agree that you are the owner, or licensee, of all rights associated with any created or uploaded artwork or text, including but not limited to, the trademarks and copyrights that may be associated with said material. If you are not the owner, you agree to provide knitout with evidence of the permission given to you by the owner.
- You agree that the description and title of the campaign do not, either in and of themselves or in addition to the text and images featured in the created merchandise, infringe upon the rights of any third party.
- You understand and agree that knitout may, in its sole discretion, release your contact information to a third party that satisfactorily alleges—pursuant to knitout’s Complaint policy, below—unauthorized use of its intellectual property.
- Upon receipt by knitout of an allegation of infringement that comports with knitout’s Complaint Policy, in knitout’s sole discretion, your campaign may be subject to immediate cancellation, possible forfeiture of any profits, and suspension or termination of your account with knitout.
- You agree not to provide untrue information in your campaign including, but not limited to: the amount of product for sale, the origin of production of the product, or the intended recipient of profits.
- You agree not to solicit potential buyers through information posted in your campaign other than the purchase of the primary item(s). This includes raffles, chances to win, and other representations of additional opportunities beyond the sale of the primary item being sold.
- You agree to defend, indemnify and hold knitout and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use of knitout’s site and services, your violation of this agreement, or your violation of any rights of another.
- You agree that knitout is not responsible for any consequential, indirect or any special damages, including, but not limited to, lost profits, associated with any action taken by knitout pursuant to this Agreement or your use of the knitout service.
- You agree not to create a campaign relating to the death of one or more individuals for the sake of personal profit.
- You agree that any campaign you create that either implicitly or explicitly relates to a charity or fundraising effort is authorized by such charity or fundraising effort and clearly and accurately states the percentage of proceeds (as defined by user’s profit from product excluding any direct or indirect costs associated with the promotion of the socks) that will be donated and to whom it will be donated.
- You agree to allow knitout, at its sole discretion, to donate up to 100% of the profits derived from your campaign in the event it is in receipt of a bona fide complaint from a charity, fundraiser or an aggrieved family and/or the campaign is deceptive, misleading or likely to cause confusion or mistake.
- In the case that your campaign is profitable, has sold more than 36 items, but not yet reached its sales goal by its end date, you agree to let knitout lower the sales goal to the amount of product sold, and continue with the fulfillment and distribution of orders.
Intellectual Property Complaint Policy
knitout prohibits users from using the service to sell merchandise that infringes upon third party intellectual property rights (such as copyright, trademark, trade dress and right of publicity).
knitout will consider complaints of possible infringement only from parties that own, or have the exclusive right to exploit, said intellectual property. knitout is not in a position to adjudicate disputes. If you believe a campaign contains content that is not authorized, upon receipt of the information enumerated below, we will provide our customer with your correspondence and contact information and direct the customer to contact you within seven (7) days to resolve this dispute. If the customer does not contact you, or if the issue is not resolved to your satisfaction, please let us know. In cases of an alleged infringement, in our sole discretion, we may take down the campaign and refund all buyers, provided that the conditions, below, are satisfied.
If you believe that your intellectual property rights have been infringed upon by a knitout user, please notify knitout at [email protected] You must include with your notification the following information, in PDF format.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that you allege is being infringed;
- The URL to the knitout campaign(s) used in connection with the sale of the allegedly infringing merchandise;
- Identification of the copyright, trademark or other rights that allegedly have been infringed, including proof of ownership (such as copies of subsisting trademark or copyright registrations);
- Your full name, address, telephone number(s) and email address(es);
- A statement that you have a good-faith belief that use of the material in the URL submitted is unauthorized by the rights owner, or its licensee, and such use amounts to infringement under federal or state law; and
- A statement, under penalty of perjury, that the information in the notification is complete and accurate and that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.
knitout Community Policy
While we are often inspired by the creativity of knitout.com creators, we want to actively discourage blatant copying of successful campaigns. At knitout we are dedicated to building a community that supports and encourages innovation and creativity, which is why we have developed the knitout Community Policy that is intended to help sellers find the right balance.
Oftentimes the content of many campaigns does not include content that is protected by intellectual property laws. Words and phrases, for example, are not protected by copyright and are only protected by trademark when they identify the source of a particular product. Even though successful campaigns may not have legal protection, at knitout, when a knitout creator creates a unique campaign, we want to protect them against other people’s use of their exact content.
Under the Community Policy, a knitout creator may file a complaint if a subsequent campaign has used an exact copy of their content or content that is modified only minimally (e.g. by using a different font or replacing simple graphics with other simple graphics). The Community Policy will not apply unless the original campaign has some design element or other aspect that makes it unique. If the campaign is unique, and has been blatantly copied, a creator may submit a complaint. While a phrase alone is not protected, the presentation of that phrase that will be protected under our policy.
To submit a complaint, we ask that you email us with the subject “Community Policy Violation” and the following information: your campaign and its launch date, as well as the campaign that you feel violates the Community Policy. If knitout sees the elements of a valid complaint, we will notify the later seller of the Community complaint, generally within 24 hours. The later seller will have an opportunity to provide additional facts (such as availability of the content on other sites at an earlier date).
If knitout determines that the later campaign violates the Community Policy (i.e. was an exact copy or minimally modified copy), then knitout will terminate the offending campaign. For a first offense, knitout may choose to pay the later seller their profit for the campaign. For any subsequent violations of the Community Policy, knitout will withhold profits related offending campaigns and may terminate the later seller’s account. In any event, knitout’s actions under this Community Policy will be in its sole discretion. Any withheld profits will be applied toward seller education and resources that benefit the community.
If you have further questions about intellectual property, contact us.
knitout.com works hard to ensure that all our campaigns are knitted from high-quality materials & shipped on time and accurately. knitout.com accepts returns and will issue a full refund within 30 days of the end of the campaign if customers are disappointed with their order for any of the following reasons: The product itself is flawed; The quality of the knitting is poor; Or if the final product is materially different than the design presented in the campaign. If you are in any way unsatisfied with your purchase, please email us.
These Services are operated and provided by Sock Club Enterprises LLC., 1172 Waller Street, Austin, TX 78702. If you have any questions about these Terms, please contact us.