Ok to Blast’s service (the “Ok to Blast Service”) is located at OktoBlast.com and is operated by Work Hard Anywhere, Inc. and its subsidiaries (collectively, “Ok to Blast”). The Ok to Blast 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 Ok to Blast Service subject to the following Terms of Service. If you do not agree to these Terms of Service, you are not authorized to use the Ok to Blast 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.
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 Ok to Blast of any unauthorized use of your password or account or any other breach of security.
Please remember that Ok to Blast 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. Ok to Blast also has no control over the content made available through any Social Networking Service. Please review their policies to understand their content-related practices. Ok to Blast does not have any liability or responsibility for the acts or omissions of any of the Social Networking Services accessed through the Ok to Blast Service. Ok to Blast 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 Ok to Blast 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 Ok to Blast Service only with the approval of your parent or guardian.
Applicable Laws: In connection with your use of the Ok to Blast 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 Ok to Blast in connection with your use of the Ok to Blast Service. Ok to Blast may establish general practices and limits concerning use of the Ok to Blast Service. Ok to Blast reserves the right to change its instructions, general practices and limits at any time, in its sole discretion, with or without notice.
The Ok to Blast 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 Ok to Blast Service, please refer to Ok to Blast’s Frequently Asked Questions portal.
Your Right to Conduct a Campaign: By creating a campaign through the Ok to Blast 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 Ok to Blast with evidence of your Campaign Rights upon request.
Ok to Blast does not claim any ownership rights in the content you upload to the Ok to Blast Service. Please be sure you maintain copies of all of your work. Ok to Blast has no responsibility or liability for the deletion or failure to store any content or information uploaded to the Ok to Blast Service.
Ok to Blast retains all ownership rights in any designs created by Ok to Blast designers and may not be used by you, other than in connection with your campaigns on the Ok to Blast Service, without Ok to Blast’s express written consent.
For the purpose of implementing and fulfilling your campaign and for the purpose of advertising the Ok to Blast Service in any medium Ok to Blast chooses, you hereby grant Ok to Blast a nonexclusive, worldwide, fully paid up, transferable, sublicensable license under your Campaign Rights to copy, display, distribute, modify the content you upload to the Ok to Blast Service (including all related images, text, content and information).
Acceptable Use; Indemnity: Your use of the Ok to Blast 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 Ok to Blast has the right to withhold and redirect any funds collected relating to the campaign, which funds will be disbursed based on Ok to Blast’s internal policies (for example, Ok to Blast may give the funds to a charity where a campaign falsely states it is raising funds for that charity, or Ok to Blast may apply such funds to any judgment or settlement, and/or the reimbursement of Ok to Blast’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 Ok to Blast in such activities. Without limiting the foregoing, you also agree to indemnify and hold Ok to Blast 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 Ok to Blast Service, must be accurate and correct and must not include any content concerning non-Ok to Blast activities, events, products, services or promotions.
Proceeds from Campaign: If you create a campaign through the Ok to Blast Service, you will be given a “base price” from Ok to Blast 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 Ok to Blast Service. Prior to receiving your payout, you may be required to provide additional information to Ok to Blast as needed by Ok to Blast 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 Ok to Blast receives notice of the dispute, Ok to Blast is entitled to make payouts and otherwise correspond with the original registrant. Alternatively, Ok to Blast may withhold payouts until the dispute is resolved, in Ok to Blast’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.
Ok to Blast Right to Lower Sales Goal: You will be able to set the “sales goal” for each campaign. You agree that Ok to Blast may, in its sole discretion, begin to fulfill orders before your sales goal is met.
Ok to Blast takes any allegations of infringement seriously. If Ok to Blast receives any complaint or allegation that your campaign or any resulting merchandise constitutes an unauthorized use of a third party’s rights, you understand that Ok to Blast may terminate or delay your campaign, in its sole discretion. In addition, you understand that Ok to Blast may release your contact information to any third party that satisfactorily alleges a violation of its rights.
Ok to Blast will consider complaints of possible infringement only from parties that own, or have the exclusive right to exploit, the applicable intellectual property. If you believe that a Ok to Blast user has infringed upon your rights, please notify Ok to Blast at firstname.lastname@example.org. You may also contact us by mail at the address provided at the end of these Terms of Service, attention Legal Department.
You must include with your notification the following information.
Repeat Infringer Policy: Ok to Blast has adopted a policy of terminating, in appropriate circumstances and at Ok to Blast’s sole discretion, users who are deemed to be repeat infringers. Ok to Blast may also at its sole discretion limit access to the Ok to Blast Service or terminate the memberships of any users who infringe or violate any intellectual property or other rights of others, whether or not there is any repeat infringement or violation.
Payment: If you purchase any merchandise through the Ok to Blast Service, you will be required to provide Ok to Blast information regarding your credit card or other payment instrument. You represent and warrant to Ok to Blast 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.
Service Content, Software and Trademarks: You are only authorized to use the Ok to Blast Service for the purpose of engaging in business transactions with Ok to Blast. You may not use any automated technology to scrape, mine or gather any information from the Ok to Blast Service or otherwise access the pages of the Ok to Blast Service for any unauthorized purpose. If you are blocked by Ok to Blast from accessing the Ok to Blast 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 Ok to Blast Service or distributed in connection therewith are the property of Ok to Blast, 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 Ok to Blast 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 Ok to Blast, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the Ok to Blast Service or the Service Content, in whole or in part. Any use of the Ok to Blast Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Ok to Blast.
The Ok to Blast name and logos are trademarks and service marks of Ok to Blast (collectively the “Ok to Blast Trademarks”). Other company, product and service names and logos used and displayed via the Ok to Blast Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Ok to Blast. Nothing in these Terms of Service or the Ok to Blast Service should be construed as granting any license or right to use any of Ok to Blast Trademarks displayed on the Ok to Blast Service, without our prior written permission in each instance. All goodwill generated from the use of Ok to Blast Trademarks will inure to Ok to Blast’s exclusive benefit.
Third Party Material: Under no circumstances will Ok to Blast 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.
Ok to Blast 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 Ok to Blast, its users or the public.
The Ok to Blast Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Ok to Blast has no control over such sites and resources and Ok to Blast is not responsible for and does not endorse such sites and resources. Ok to Blast 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 Ok to Blast Service are between you and the third party, and you agree that Ok to Blast is not liable for any loss or claim that you may have against any such third party.
YOUR USE OF THE Ok to Blast SERVICE IS AT YOUR SOLE RISK. THE Ok to Blast 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, Ok to Blast 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.
Ok to Blast 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 Ok to Blast 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 Ok to Blast’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Ok to Blast OR Ok to Blast 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.
Ok to Blast, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Ok to Blast Service and remove and discard any content within the Ok to Blast Service, for any reason. Further, you agree that Ok to Blast will not be liable to you or any third party for any termination of your access to the Ok to Blast Service.
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 Ok to Blast in any way and will not attempt to do so or imply that you have the right to do so.
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 Ok to Blast 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 Ok to Blast agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Contra Costa County, California. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.
These Terms of Service constitute the entire agreement between you and Ok to Blast and govern your use of the Ok to Blast Service, superseding any prior agreements between you and Ok to Blast with respect to the Ok to Blast Service. The failure of Ok to Blast 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 Ok to Blast, but Ok to Blast 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. Ok to Blast 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 Ok to Blast Service.
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 Ok to Blast, Inc., 559 29th st, Richmond, CA 94804.