Terms and Conditions

Last Updated: May 21, 2025

Welcome to TheKindaBrands, LLC ("Company", "we", "us", or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website (the "Site") and our print-on-demand merchandise services (the "Service"). By accessing or using the Site, creating an account, uploading content, or purchasing products, you agree to these Terms.

1. User Accounts and Eligibility

You must be at least the age of majority in your jurisdiction to use this Site. You agree to provide accurate information and are responsible for maintaining the confidentiality of your account.

2. User-Generated Content

You may upload original artwork, designs, and content ("User Content") for use on products. By uploading, you represent and warrant:

• You own or have the necessary rights, licenses, and permissions to use and commercialize all aspects of your User Content.
• Your User Content does not infringe on any third-party rights including copyrights, trademarks, or publicity/privacy rights.
• Your content does not contain offensive, unlawful, or harmful material.

We do not pre-screen content. You are solely responsible for your content and any legal consequences arising from it.

3. Intellectual Property Rights

You retain ownership of your User Content. You grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, and display your content for purposes of operating the Service.

You agree not to upload content that infringes or violates any rights of others, including intellectual property and publicity rights. This includes unauthorized use of celebrity names, images, characters, logos, or likenesses.

4. Parody and Fan Content

We allow parody, satire, and fan-inspired content to the extent permissible under applicable laws, including U.S. fair use doctrine. Not all such content is exempt from infringement. You are responsible for ensuring your content qualifies as lawful parody or transformative use.

5. No Affiliation with IP Holders

Unless explicitly stated, we are not affiliated with, endorsed by, or officially connected to any brand, celebrity, or intellectual property owner. References to third-party IP are for identification and commentary and do not imply endorsement.

6. DMCA Policy and Notice of Infringement

Each artist/seller account holder must confirm that each design they upload is done so only in that they are the owner of any/all designs they upload, or that they are working in conjunction with the owner with appropriate rights to the IP through partnership or promotion. Unfortunately there may be users who do not adhere to the appropriate use of IP. In the age of the internet it is impossible for any one person or organization to know every design that enjoys protection under IP law. Therefore, we comply with the Digital Millennium Copyright Act ("DMCA").

If you believe your copyrighted work has been used without permission, send a takedown notice to our Designated Agent:

• DMCA Agent: Legal Department
• Email: Legal@thekinda.co

Include your signature, copyright details, infringing material description with URLs, your contact info, a good-faith statement, and a statement under penalty of perjury that your notice is accurate.

7. Notice and Takedown Procedure

If you believe that your content has been used in a way that constitutes an infringement of your rights, please notify our Designated Agent with a Notice and Takedown Report that includes:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the relevant matter
• A description of the matter claimed to have been infringed
• A description of where the claimed infringing content is located on the site
• Your address, telephone number, and email address
• A statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law
• A statement by you, made under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the rights holder

Contact: legal@thekinda.co

If your work has been removed and you believe this is in error, you have the right to lodge a counter-notification.

8. Counter Notification

Submit a counter-notice including:

• Your signature
• Identification of removed content
• Your contact information
• A good faith statement under penalty of perjury
• Consent to U.S. federal court jurisdiction

9. Repeat Infringer Policy

We will terminate accounts of users determined to be repeat infringers. Repeat infringement is defined at our discretion and may include two or more violations.

10. Content Moderation

We do not pre-screen content but reserve the right to remove any material at our discretion if we believe it violates laws, third-party rights, or our policies.

11. Indemnification

You agree to indemnify, defend, and hold harmless TheKindaBrands, LLC, its affiliates, and employees from any claims, losses, or expenses (including legal fees) arising from:

• Your breach of these Terms
• Your violation of laws or third-party rights
• Your uploaded content

12. Warranty Disclaimer

The Site and Service are provided "as is" without warranties of any kind. We do not guarantee that the content is error-free, non-infringing, or uninterrupted. Your use of the Site is at your sole risk.

13. Limitation of Liability

To the maximum extent allowed by law, TheKindaBrands, LLC shall not be liable for any indirect, incidental, or consequential damages, including lost profits or data, arising from use of the Site or Service.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of California, USA. You agree to the exclusive jurisdiction of the courts located in San Diego, CA.

15. Updates to These Terms

We may modify these Terms at any time. Updated Terms will be posted here. Continued use of the Site means acceptance of the updated Terms.

Contact

Questions? Email us at legal@thekinda.co