These Terms are a contract between you and FOMOClothes (“we”, “us”) for fomoclothes.com, the studio at /studio/, and related services. The Print & IP rules, Copyright / DMCA policy, Privacy policy, and Creator share rules are part of this contract. If you do not agree, do not use the studio and do not upload files.
The ready-made shop at www.fomoclothes.com is a Shopify store with Shopify’s own terms. These Terms cover our site and custom studio.
You must be at least 18 and able to form a contract. Studio accounts are Sign in with X or Facebook — no passwords on this site. You pick one platform when you first register; that is the only way that account can sign in. We do not merge accounts or let the same email open a second account on the other platform. You must have an account before you upload any file, even for free. Guest uploads are not allowed. After you sign in, you must accept these Terms and the Print & IP rules on that account before the first upload. If you use the studio for a business, you have authority to bind that business. We may refuse or ban any account.
FOMOClothes is an apparel studio. You design garments (shirts, hoodies, pants). We may later print and ship them. We do not sell mugs, stickers, or other non-apparel merch on this platform. The designer, catalog, and print export on the apex site are ours. Checkout on www is currently Shopify’s.
You keep whatever intellectual-property rights you already have in files you upload and designs you make. You do not get rights in our mockups, software, catalog, or brand.
You grant FOMOClothes a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transcode, display (including mockups), and — if you request a print or purchase — reproduce and fulfill your design on apparel. That license lasts as long as we need the files to run the service, complete an order, keep records, or handle a dispute.
You also grant us permission to show a design as an example only if you later give a separate written okay. We will not put your custom piece in ads without that.
Each time you upload, save, export, or (later) order, you promise that:
We may reject, hide, or delete a design or file for any reason, including a suspected IP problem, quality, or safety. We may cancel a future order rather than print something we believe is unlawful. We do not have to pre-screen every file. If we do look and we refuse a design, that is us protecting the shop — it is not a legal opinion that your file is “cleared.”
If you upload infringing or prohibited art more than once, or you ignore a takedown, we may ban you and delete your files. We will terminate accounts of repeat infringers when accounts exist.
You will defend, indemnify, and hold harmless FOMOClothes and its owner, operators, and printers from claims, damages, costs, and reasonable attorneys’ fees arising out of your uploads, designs, orders, or your breach of these Terms or the IP rules. We may take control of the defense. You will cooperate.
The studio is provided “as is.” Mockups are approximations. Print colors and placement will not match a screen exactly. We do not promise uninterrupted service.
To the fullest extent Texas law allows, we are not liable for indirect, incidental, special, or consequential damages, or lost profits. Our total liability for any claim related to the studio is limited to the amount you paid us for the order at issue, or $50 if you have not paid us. Some limits do not apply if the law forbids them.
How we handle files and logs is in the Privacy policy.
We may update these Terms. The version date at the top is the current contract. If the version changes, the studio will ask you to accept again before another upload. Continued use after a posted change is acceptance.
Texas law governs, without regard to conflict-of-law rules. Exclusive venue is the state or federal courts sitting in Texas. If a piece of this contract is unenforceable, the rest stays. These Terms are the whole agreement for the studio, plus the pages linked above.
We may run a discretionary creator share as described at /legal/creators.html. It is not a wage, salary, partnership, or guaranteed return. Credits, if any, are store credit only until we say otherwise in writing. Nothing is earned for views, likes, follows, or uploads. Nothing is earned on your own purchases. Nothing is earned unless a third-party order shipped, the hold passed, and leftover profit remains after print, ship, fees, tax, and FOMO’s reserve. We may deny, reverse, pause, or end credits at any time, including for suspected self-dealing or IP problems. Ending the program does not turn pending credit into cash we owe.
FOMOClothes · 11991 County Road 670, Blue Ridge, TX 75424 · thedogebird@gmail.com