User Agreement

Effective September 9, 2020

USE OF THE SITE; SITE POLICIES

1. Acceptance of Terms

1.1

THE PRO JERSEY INTERNATIONAL GROUP LIMITED (“THE PRO JERSEY,” “US,” or “WE”) provides its websites, mobile sites, messaging functions, and/or applications (i) owned or operated by or for The Pro Jersey, or managed by a The Pro Jersey–owned account, or (ii) on The Pro Jersey–branded pages on which products are displayed and offered for sale (collectively, the “Site”) subject to this User Agreement (“Agreement”).

By accessing or using this Site, you agree to be bound by all terms and conditions of this Agreement. If you do not agree, you must not access or use the Site. Your continued use of the Site constitutes acceptance of any updated or modified terms. If any modification is unacceptable, you must immediately stop using the Site.

This Agreement is governed by the laws of Hong Kong.

For more information about our company, please contact us at info@theprojersey.com or +852 5626 1372.

Address:
Unit 616, Kam Teen Industrial Building,
135 Connaught Road West,
Sai Ying Pun, Hong Kong.

1.2 Content Definition

“Content” includes, without limitation, artwork, designs, images, graphics, photographs, text, data, product specifications, stitch files, sketches, metadata, and any other materials submitted by you to The Pro Jersey for placement on the Site or on physical or digital products (“Products”).

If your Content is posted for sale, download, or use (“Public Products”), you grant additional rights as defined in the Designer License Agreement, incorporated herein by reference. Participation in any associate, designer, or bonus program is governed by the applicable agreements, which are also incorporated into this Agreement.

This Agreement, together with the Designer License Agreement, Associates Agreement, Privacy Policy, Shipping and Returns Policy, and Volume Bonus Agreement, collectively form the Policies.

2. User Account, Password, and Security

2.1

To create an account (“Account”), you must provide accurate registration information, including a valid email address and password. You are responsible for maintaining the confidentiality of your login credentials and all activities conducted under your Account.

2.2

You agree to notify The Pro Jersey immediately of any unauthorized use of your Account and ensure you log out after each session. The Pro Jersey is not liable for any loss resulting from failure to comply with these obligations.

3. User Conduct, Acknowledgements, and Agreements

By using the Site, you agree not to:

  • Upload or transmit unlawful, abusive, obscene, defamatory, misleading, or objectionable content

  • Impersonate any person or misrepresent affiliation

  • Upload content that infringes intellectual property rights

  • Submit content encouraging illegal activity or violating laws

  • Upload harmful content involving minors

  • Transmit spam, malware, or unauthorized advertising

  • Tamper with Site security, access restricted areas, or disrupt services

  • Remove watermarks or security features

  • Collect user data without consent

  • Republish, resell, or exploit Site content without authorization

  • Transfer your Account without written consent

You represent that you have all necessary rights to any Content you upload and agree to indemnify The Pro Jersey against claims arising from violations of this Agreement.

3.2 Content Use & Licensing

Users downloading Public Products are granted a limited, non-exclusive license for personal, educational, digital, and promotional use, including:

  • Social media and profiles

  • Digital publications and presentations

  • Educational projects

  • Personal prints

This license does not allow resale, redistribution, sublicensing, or use in competing services.

The Pro Jersey reserves the right to remove any Content deemed objectionable or in violation of this Agreement without notice.

3.3 Reputation Protection

You agree not to use any Product in a way that damages the reputation of The Pro Jersey or its affiliates. The Pro Jersey reserves the right to demand return of Products and pursue legal remedies in cases of misuse or public disparagement.

3.4 Third-Party Links

The Site may contain links to third-party websites. The Pro Jersey is not responsible for the availability, content, or policies of such sites and disclaims liability for any loss resulting from their use.

4. Our Community

Our community is built on respect and constructive engagement. All registered users are expected to:

  • Treat others with respect

  • Avoid harassment, abuse, or public disputes

  • Keep transactional issues private

  • Protect personal and private information

Violations of community guidelines may result in suspension or termination of Account privileges.

5. Chat

To facilitate communication among members of our user community, The Pro Jersey provides messaging features, including email, messaging, video, and chat functions, available on certain parts of the Site, including our chat feature (“Chat”).

5.1

Chat may allow Users to communicate via text, voice, video, and/or other media. Any text or other media that you input, upload, or transmit through Chat shall be considered “Content”, as defined in Section 1.2 of this Agreement.

5.2

All community rules set forth in Section 4 (Community) apply to your conduct when using Chat.

5.2.1

You acknowledge that The Pro Jersey does not pre-screen Chat Content, and you may be exposed to Content that you find offensive or inappropriate. You may (i) block any User from communicating with you via Chat and/or (ii) report such User to The Pro Jersey.

5.2.2

If The Pro Jersey determines, in its sole discretion, that your conduct in Chat violates this Agreement, The Pro Jersey may take enforcement action, including disabling your access to Chat and/or terminating your Account.

5.3

Users must have a valid The Pro Jersey Account to participate in Chat. Chats occur between User Accounts only (not between Stores). The name registered to your Account will be visible to other Chat participants.

5.4

You should have no expectation of privacy when using Chat. Depending on Chat settings, Content may be viewable or editable by other Users and by The Pro Jersey. Chat sessions may be recorded and stored for up to ninety (90) days. By using Chat, you consent to such recording and storage.

6. Collaborate

To support cooperative content creation, The Pro Jersey offers a collaboration feature (“Collaboration”) that allows Users to work together on Content on certain parts of the Site.

6.1

6.1.1

Collaboration allows Members to invite other Members to jointly create Content.

6.1.2

When using Collaboration, the name registered to your Account will be visible to other collaborators (“Collaborators”). Collaboration sessions may be recorded and stored for up to ninety (90) days. Use of Collaboration constitutes consent to such recording.

6.1.3

Collaborators may use Chat to support their Collaboration.

6.1.4

Any text or media uploaded by Collaborators (“Assets”) is considered Content as defined in Section 1.2.

6.1.5

Any Content created through Collaboration, whether final or in-progress, is referred to as “Collaborative Content.”

6.1.6

Collaborators may create non-public products (for purchase by Collaborators only and not offered for sale on the Site) using Collaborative Content.

Collaborators may create non-public products (for purchase by Collaborators only and not offered for sale on the Site) using Collaborative Content.

6.1.7 Collaborations Using Public Products

6.1.7.1

Collaborative Content may not be published as new Public Products if it utilizes Public Products by (i) being based on Primary Content or (ii) integrating Secondary Content.

6.1.7.2

Collaborators do not acquire any copyrights in Public Products used in a Collaboration.

6.1.8 Collaborations Using Only User Content (Non-Public Products)

6.1.8.1

Copyright ownership of Collaborative Content created from a blank template and not using Public Products may be jointly owned by all Collaborators under applicable law. However, the exclusive right to exploit such Collaborative Content on the Site as a Public Product belongs solely to the Collaboration Initiator.

Each Collaborator grants the Collaboration Initiator a non-exclusive, perpetual, worldwide, sublicensable, and transferable license to use, reproduce, modify, display, perform, distribute, and create derivative works of the Collaborative Content on the Site.

6.1.8.1.1

The Collaboration Initiator’s rights apply only to the Collaborative Content as a whole and not to individual Assets provided separately by other Collaborators.

6.1.8.1.2

Collaborators who are not the Collaboration Initiator agree not to upload Collaborative Content as a Public Product. Violations may result in removal of the product and/or termination of the Collaborator’s Account at The Pro Jersey’s sole discretion.

6.2 The Pro Jersey LIVE

The Pro Jersey LIVE is a program that utilizes Collaboration features and is governed by a separate The Pro Jersey LIVE User Agreement.

7. Social Media

7.1

The Pro Jersey may promote its community and the Site by featuring your Content on social media platforms. By using any variation of the hashtags #TheProJerseyShowandTell or #TheProJerseyMade, you grant The Pro Jersey the right to use the associated social media post and its contents across The Pro Jersey’s social media channels, the Site, and affiliate platforms.

7.2

Any images, text, social media handles, likenesses, feedback, or other materials submitted using the above hashtags (“Tagged Media”) are non-confidential and non-proprietary. You grant The Pro Jersey an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, distribute, display, and otherwise exploit the Tagged Media for promotional, advertising, and marketing purposes, without compensation.

For clarity, this license does not permit The Pro Jersey to use Tagged Media to create Public Products.

7.3

Tagged Media will not be returned. The Pro Jersey may use such materials and any associated ideas for any lawful purpose without attribution or compensation.

7.4

By submitting Tagged Media, you represent and warrant that:

  • You are 18 years of age or older

  • All individuals depicted have provided written consent

  • You agree to indemnify The Pro Jersey and its affiliates against claims arising from the Tagged Media

7.5

Instagram, Twitter/X, and other social platforms are trademarks of their respective owners and are not affiliated with The Pro Jersey. All Tagged Media is subject to the rules of those platforms.

7.6

If you submit media via mobile device, standard data charges may apply.

8. Promotions

In addition to the terms of this Agreement, any contests, sweepstakes, surveys, games, or similar promotions (collectively, “Promotions”) offered through the Site may be governed by separate rules. By participating in a Promotion, you agree to be bound by those specific rules, which may differ from this Agreement.

Please review all Promotion-specific rules and our Privacy Policy, which governs any information submitted in connection with such activities. In the event of a conflict between Promotion rules and this Agreement, the Promotion rules shall prevail.

9. New Programs

The Pro Jersey may introduce new programs, features, or Products to certain Users or across the Site. Applicable terms and conditions will be published at the time of release. By participating in or using such programs or Products, you agree to be bound by the applicable terms.

10. Extended Offerings

The Pro Jersey may offer Products for sale through listings managed by The Pro Jersey–owned accounts on third-party websites (“Extended Offerings”).

Royalties for Extended Offerings will be calculated based on the amounts received by The Pro Jersey. You may opt out of Extended Offerings through your Account settings.

11. Age and Geographic Restrictions

11.1

You must be at least thirteen (13) years of age to use this Site.

11.2

Certain Products may only be available for shipment to specific countries or geographic regions.

12. International Access

12.1

The Site may be accessed from countries outside the United States and may reference Products not available in all regions. Such references do not imply availability outside the United States. Users accessing the Site internationally are responsible for compliance with local laws and regulations.

12.2

You agree that The Pro Jersey may translate information you provide into other languages for use on international domains. Translation accuracy is not guaranteed.

13. Death or Incapacity

13.1

In the event that a Maker or Designer who is a natural person dies or becomes permanently incapacitated, The Pro Jersey will work with their successors or legal representatives, subject to verification.

Required documentation may include:

  • Death certificate

  • Proof of succession

  • Power of attorney

13.2

If a Maker or Designer is an entity that ceases to exist due to dissolution, bankruptcy, or winding up, documentation may include:

  • Appointment of a receiver

  • Dissolution records

  • Bankruptcy proceedings

  • Winding-up documentation

13.3

Please notify The Pro Jersey promptly upon becoming aware of any such event.

14. Privacy Policy

Your privacy is important to The Pro Jersey. Please review our Privacy Policy for details on how personal information is collected and used. By accepting this Agreement, you consent to such collection, use, and disclosure.

15. Electronic Communications Delivery Policy

15.1

By using the Site or communicating with us electronically, you consent to receive all communications electronically, including but not limited to:

  • Agreements and policy updates

  • Transaction confirmations

  • Account statements

  • Tax-related documents

  • Other Account-related communications

15.2

Communications will be delivered via the Site and/or email to the address associated with your Account.

15.3

Electronic communications satisfy any legal requirement that such communications be in writing.

16. No Resale

Except as expressly permitted under this Agreement, you may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site for commercial purposes without The Pro Jersey’s express written consent.

17. Termination

17.1

The Pro Jersey may terminate this Agreement, your Account, or access to the Site at any time, with or without notice, for any reason. This includes removal of Content and withholding of any royalties, referral fees, or payments associated with violations of this Agreement.

The Pro Jersey shall not be liable for any termination of access. Your sole remedy for dissatisfaction is to discontinue use of the Site.

17.2

Termination does not affect rights or obligations that accrued prior to termination.

PRODUCTS

18. Platform Roles

The Pro Jersey operates a platform where:

18.1

Designers may make Content and Product specifications available for use on Products.

18.2

Makers may manufacture, sell, and fulfill Products to Users.

18.3 Product Labels

To clarify transaction types, Product pages may display:

18.3.1

“Made by The Pro Jersey” / “Sold by The Pro Jersey”
The Pro Jersey manufactures and sells the Product.

18.3.2

“Made by [Maker]” / “Sold by The Pro Jersey”
The Pro Jersey sells the Product; a third-party Maker manufactures it.

18.3.3

“Made by [Maker]” / “Sold by [Maker]”
An independent Maker manufactures and sells the Product via The Pro Jersey platform. The Pro Jersey facilitates the transaction only and does not guarantee product quality, legality, or fulfillment.

18.3.4

“Designed by [Designer]”
Identifies the Designer who provided Content for use on the Product. Designers represent that they hold appropriate rights; The Pro Jersey does not independently verify such claims.