Terms of Service

PLEASE READ THIS AGREEMENT CAREFULLY.

Your registration as a Member of the SKND website, www.commontotes.com, constitutes acceptance of this agreement and creates a binding legal contract.

1. Legal Agreement

This SKND Pte. Ltd. Terms of Use and Member Agreement ("Agreement") applies to all Members of SKND’s website (www.commontotes.com) (the "Site") and is a binding, legal contract between each Member of the Site ("Member" or, as appropriate, "you" or "author") and SKND Pte. Ltd. ("SKND").

Members cannot be under the age of 13. By entering into this Agreement, you represent and warrant that (i) you are at least 18 years old; or (ii) you are the parent or legal guardian of a prospective Member who is between the ages of 13 and 18 and that you are entering this Agreement on behalf of that prospective Member.

By registering on the Site, you accept the terms and conditions of this Agreement, and you warrant and represent that you have the legal capacity to enter into this Agreement. You also agree that you are authorized to use the Site only if you agree to abide by all applicable laws and to this Agreement.

2. Definitions of Basic Terms

"Member" or "you" means a person registered to use the Site.

"Personal Information" means (i) information about Member provided to SKND in connection with registration on the Site; and/or (ii) Personal Information you place, post, or make on the Site about yourself. Personal Information includes but is not limited to any information that could be used to identify you.

"Privacy Policy" means SKND’s Privacy Policy available here.

3. Content

"Content" means any work of authorship or other form of expression made or placed on the Site by a Member, including but not limited to images, graphics, photographs, information, data, files, text, ideas, refinements, suggestions, comments, feedback, votes, ratings, reviews, sounds, music, contributions and all other substantive input of any kind. Content includes but is not limited to all modifications of and revisions to Content that was previously made or placed on the Site. Content includes "Works" as defined below.

The interactive nature of postings on the Site makes it impossible for SKND to assume responsibility for any Content placed on the Site by a Member. Content placed on the Site by Members is not endorsed by SKND, and SKND makes no guarantee regarding the reliability, accuracy, or quality of any Content placed on the Site by a Member. Member agrees that Content placed on the Site by another Member is the sole responsibility of the Member who placed the Content on the Site, and Member’s sole recourse for any damage Member may suffer as a result of such Content shall be to and against the Member who placed the Content on the Site.

For all Content made, placed, or posted on the Site by Member, and for all revisions or modifications to such Content, Member grants to SKND the "Site, Advertising and Marketing License" and "Archival License" set forth below in Section 8 of this Agreement.

4. Works

A. Definition of "Work"

A "Work" is Content that Member places on the Site for consideration and evaluation by other Members during a design competition and for possible use by SKND and/or SKND’s business affiliates and partners.

B. Member’s Partial, Limited Assignment of Ownership Rights in Works

Beginning on the date a Member places a Work on the Site and continuing for the duration of the Assignment Term (defined below), Member transfers, assigns, and conveys to SKND, its successors the entire rights, title and interests in and to the Work, including the right to sue for past infringement and the right to further sublicense the Work, for its sole and exclusive use on and in connection with (i) goods that exists on the date of the assignment (e.g., clothing, footwear and headgear); and (ii) posters and other wall art.

Member represents and warrants that neither the assignment in the Work granted in this Section 4 of the Agreement nor SKND’s use of the Work for any purpose within the scope of the assignment will violate any intellectual property right or contractual right of a third party.

Member represents and warrants that each Work placed on the Site complies with all of the terms and conditions of this Agreement.

C. Duration of Assignment Term

The "Assignment Term" shall be 120 days from the date of submission. During that Assignment Term period, all submitted designs become temporary property of SKND. During that period, Member should not use the Work in a manner contrary to this paragraph. If the Work is printed within the 120 day period, Member understands and agrees that SKND then retains permanent exclusive rights to that Work for commercial use on apparel and other promotional products, and Member hereby irrevocably assigns such rights to SKND. Regardless of the duration of the Assignment Term, Member also waives all "moral" rights that Member may have in and to Member’s Work during the Assignment Term.

If Member is not agreeable to this, Member should not submit Works to SKND.

If Work is not printed by SKND within the Assignment Term, Member automatically retains full rights to their Work and may elect to have their Work removed from the SKND archives by contacting info@commontotes.com.

D. Definition of "Commercialized"

For all purposes under this Agreement, "Commercialized" (including all derivations of the word) means that a Work (or a derivative work of the Work) has been placed on, used on, incorporated in, or is otherwise embodied by goods that have been manufactured goods or are being manufactured for sale to wholesale or retail customers.

5. Commercialization of a Work

Generally, SKND will consider having a Work Commercialized if it wins a design competition on the Site. However, SKND reserves the right to depart from this measure for Works that, in SKND’s sole discretion, are otherwise worthy of being Commercialized or are otherwise not worthy of being Commercialized for any reason (including because the Member or a Member’s Work violates this Agreement or because SKND cannot contact Member).

For Work(s) that are part of an ongoing design competition, Member agrees that Member may not use a Work (or derivative works of the Work) or allow or license others to use or reproduce the Work (or derivative works of the Work) for any purpose for the duration of the design competition (i.e., through the completion of the selection of a winner of the competition).

If SKND decides to Commercialize Member’s Work, Member agrees to provide SKND with the Work in a high resolution file that SKND deems suitable. SKND will make a good-faith effort to assist Member in creating and providing a suitable high resolution file of the Work.

6. Voting and Design Competitions

Voting on which Work(s) win design competitions will be based on a scale determined by SKND. SKND reserves the right to revise the scale and adjust the results to an equivalent point on the new scale.

7. Compensation for Works

A Member whose Work wins a design competition will be compensated as specified by SKND for that design competition.

A Member whose Work does not win a design competition but is Commercialized will be compensated (if at all) as specified by SKND for that design competition.

Member agrees and acknowledges that all compensation due under this Agreement is expressly conditioned upon both Member’s and Content placed on the Site by Member’s compliance with this Agreement.

Compensation due a Member will be calculated monthly. Payments due Member will be made no later than thirty (30) days after the winning design is announced on Commontotes.com via PayPal or telegraphic transfer.

SKND reserves the right to change these compensation terms at any time, by amending this Agreement or otherwise posting them on the Site, and changes will be effective upon amendment or posting. Compensation to a Member for a particular Work will be based on the terms in effect when that Work is first placed on the Site.

8. Terms of Above-referenced Assignments and Licenses

A. Site, Advertising and Marketing License

In addition to and without limitation on the rights assigned to SKND in this Agreement, Member grants SKND a non-exclusive, royalty-free, worldwide, sublicensable, perpetual, irrevocable license to copy, reproduce, display, render, distribute, transmit, store, create derivative works, perform, and otherwise use the Content covered by this section in any media now known or developed at any time in the future for all purposes associated with (i) SKND’s operation and promotion of the Site; and (ii) marketing, advertising, promoting, or publicizing SKND, SKND’s products or services, the Site, and any other aspect of SKND’s business (the "Site, Advertising and Marketing License").

B. Archival License

Member grants SKND a non-exclusive, irrevocable, worldwide, perpetual license to store and maintain one or more copies of all Content (and additions, modifications, and revisions to Content) placed by Member on the Site and Personal Information ("Archival License"). SKND has sole discretion to determine how, when, and where it may exercise and employ the Archival License.

Member represents and warrants that the Site, Advertising and Marketing License, the Archival License, and SKND’s use of Content for any purpose within the scope of the Licenses will not violate any intellectual property right or contractual right of a third party.

9. Rights of Publicity

If a Member’s Work is Commercialized, Member grants SKND a perpetual, irrevocable, worldwide, royalty-free license to use Member’s name (or a pseudonym that is acceptable to SKND at SKND’s sole discretion), image and username for purposes involving the promotion, marketing, distribution, advertising, manufacture, display, transmission, and sale of SKND, SKND’s products and services, and the Site. Member agrees that SKND has exclusive and complete discretion to determine whether, how and when to exercise or otherwise use the license granted in this paragraph.

10. Warranties and Representations and Content Policies

By uploading Content to the Site, each Member represents and warrants, at all times, that the Content:

  • Is completely an original work of authorship of the Member; or, if all or some of the Content is not an original work of authorship of Member, then (i) Member owns all intellectual property rights in the Content; or (ii) the owner of the intellectual property rights in the Content has expressly authorized and permitted Member to enter this Agreement and grant all rights, licenses, and assignments in this Agreement.
  • Is not Personal Information about anyone other than the Member.
  • Does not violate any copyright, trademark, trade secret, right of publicity or other intellectual property right of a third party.
  • Does not violate a third party’s right of privacy.
  • Does not contain or include material that is unlawful, obscene, defamatory, pornographic, indecent, lewd, harassing, threatening, harmful, abusive, inflammatory, or otherwise objectionable to SKND.
  • Does not include viruses, Trojan horses, worms, time bombs, cancelbots, or any other code or computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any Content, system, program, data, or Personal Information on or that is part of the Site.
  • Is not unlawful and does not violate this Agreement or any regulation or SKND rule or policy.
  • Does not breach a duty of confidentiality by which Member is bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
  • Is not "spam."
  • Does not promote or offer fraudulent or unlawful goods, services, schemes, or promotions.
  • Is, to the best of Member’s knowledge, true and accurate and will not result in physical harm to any person.

Member further represents and warrants that Member will not use the Site to or otherwise:

  • upload, post, email or otherwise transmit any Content that provides any telephone numbers, street addresses, last names, URLs or email address;
  • engage in commercial or other promotional activities within the Site;
  • harm minors in any way;
  • solicit personal information from anyone;
  • provide false or deceptive information;
  • delete, add or otherwise change other people’s entries or other Content when Member has not been granted the express privilege to do so; or
  • allow usage by others in such a way as to violate this Agreement.

SKND reserves the right to remove Content that, in SKND’s sole discretion, violates the representations and warranties above or otherwise violates SKND’s rules or policies or this Agreement.

SKND reserves the right and Member agrees that SKND has the right to suspend and/or ban a Member, at SKND’s sole discretion, for conduct or Content that violates the representations and warranties above, SKND’s rules or otherwise violates this Agreement.

11. Copyright Infringement

SKND respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with SKND and the Website, you may not post, modify, distribute, or reproduce in any way any User Submission that is copyrighted material belonging to others, without obtaining their prior written consent. SKND reserves the right, in its discretion, to remove any User Submission if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.

If you believe that your work has been copied or posted on the Website in a way that constitutes copyright infringement, do send an email to team@commontotes.com

Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on Commontotes.com and/or service is copyright infringing.

12. Limitation of Liability and Indemnification

The Site includes contact information for Members to notify SKND of Content that is objectionable or in violation of this Agreement. However, Member agrees and acknowledges that SKND cannot be aware of all such Content at all times. Member further acknowledges and agrees that Member may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and Member agrees to waive and does waive, any legal or equitable rights or remedies you have or may have against SKND with respect such Content.

In no event shall SKND or any of its officers, employees, directors, affiliates, shareholders, or agents be liable to a Member or anyone else for special, consequential, indirect, cover, punitive, incidental or similar damages (including, without limitation, lost profits, lost sales, or lost business) directly or indirectly related to or arising out of the this Agreement, the Site, Content on the Site, or activities of other Members or third parties. This paragraph applies even if SKND or one of its officers, employees, directors, affiliates, shareholders, or agents has been informed or become aware of the possibility of such damages.

The foregoing limitations apply to the acts, omissions, negligence and gross negligence of SKND, its officers, employees, directors, shareholders, affiliates, and agents in any claim arising out of contract, tort, or any other legal or equitable doctrine.

If SKND is the subject of any claim, allegation, demand, cause of action, suit, or other proceeding based on something Member did in violation of this Agreement, Member agrees to indemnify SKND for all damages, attorneys’ fees, losses, and costs assessed against or incurred by SKND.

The Site and all information, content, materials, products (including software) and services included on or otherwise made available to Member through the Site are provided by SKND on an "as is" and "as available" basis, unless otherwise specified in writing. SKND makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information or Content or services included on or otherwise made available to Member through the Site, unless otherwise specified in writing. Member agrees that Member’s use of the Site is at Member’s sole risk.

To the full extent permissible by applicable law, SKND disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. SKND does not warrant that the Site; information or Content or services included on or otherwise made available to Member through the Site; SKND’s servers; or e-mail sent from SKND are free of viruses or other harmful components. SKND will not be liable for any damages of any kind arising from Member’s use of the Site or from any information or Content or services included on or otherwise made available to Member through the Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a Member, some or all of the above disclaimers, exclusions, or limitations may not apply to the Member, and the Member might have additional rights.

13. Personal Information

Member agrees to the terms of the Privacy Policy and acknowledges that the Privacy Policy is part of this Agreement.

It is critical that Member’s Personal Information is accurate. If Member’s Personal Information changes, Member agrees to promptly update Member’s Personal Information on the Site. It is Member’s responsibility to keep all of your current Personal Information on the Site.

Member will have the opportunity to select a Member ID and Password during the Member registration process. Member is solely responsible in all respects for maintaining the confidentiality and security of Member’s Member ID and Password. Member is solely responsible for the activity and Content that occurs under or is placed on the Site under the guise of Member’s Member ID. Member agrees to notify SKND immediately of any unauthorized use of Member’s Member ID or Password.

SKND may refuse to grant Member or require Member to change his/her Member ID or Password if either impersonates someone else, is protected by trademark or other law, is vulgar or otherwise offensive, or for any other reason, at SKND’s discretion.

Member agrees not to use Personal Information of other Members.

14. Operation of Site

Technical, maintenance and other issues may make the Site unavailable or inoperative from time to time. SKND makes no commitment, warranty, or guarantee that the Site will (i) operate in a timely, uninterrupted or error-free manner, or (ii) meet a Member's particular purposes. SKND may also, in its sole discretion, modify the features, availability, operation and/or look and feel of the Site from time to time without notice to Member.

Because computers and other equipment are subject to occasional malfunction, Member agrees that Member will not hold SKND responsible for any inadvertent damage to, corruption of or destruction of Content. SKND is not responsible for backing up Content, although SKND has a license to backup and archive Content. If any Content transmitted to SKND is damaged, lost or corrupted in any way, SKND will have no obligation or liability to Member.

Member agrees not to circumvent, disable, reverse engineer, or otherwise interfere with the Site, security features of the Site, or features of the Site that prevent or restrict use or copying of any Content.

Member agrees not to employ a robot, spider or other software, process or device to harvest Content, e-mail addresses or Personal Information, or to monitor activity on the Site.

15. SKND’s Intellectual Property

Except for Content posted to or placed on the site by Member and the provisions of this Agreement that apply to such Content, all text, graphics, logos, button icons, photos, scripts, sounds, music, videos, interactive features, images, audio clips, digital downloads, data compilations, and software that is on or used on the Site is the property of SKND and protected by United States and international laws (collectively, "SKND’s IP"). The compilation of all such content on this site is the exclusive property of SKND and protected by U.S. and international laws. All software used on this site is the property of SKND or its software suppliers and protected by United States and international laws.

"SKND," "Common," "Common Totes," "Commontotes.com," "Uncommon Totes for the Common People" and all graphics, logos, page headers, button icons, scripts, slogans, and names are trademarks or trade dress of SKND (collectively, part of and included in the definition of "SKND’s IP").

Member agrees that Member will not use SKND’s IP (i) without SKND’s express, written, and prior approval; (ii) in connection with any product or service that is not SKND’s; in any manner that is likely to cause confusion among or otherwise mislead consumers; or (iii) in any manner that disparages or discredits SKND. All other trademarks not owned by SKND that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SKND.

SKND reserves all rights with respect to SKND’s IP. Member agrees and acknowledges that SKND’s IP is the exclusive, worldwide property of SKND. Member will not at any time take any action or make any omission that challenges, diminishes, or threatens SKND’s exclusive, worldwide property of SKND’s IP. Member acquires no right, title, or interest in or to SKND’s IP by virtue of this Agreement or otherwise.

16. Term

This Agreement is effective until terminated. SKND may terminate or suspend this Agreement immediately for any reason and without prior notice to Member. Member may terminate Member’s membership with SKND by contacting SKND’s customer support with a specific request to do so. Member’s request to terminate Member’s membership will become effective no later than 30 days after SKND receives Member’s specific request.

This Agreement remains applicable after and survives termination of this Agreement.

17. Amendments and Updates to the Agreement

SKND may, in its sole discretion, change the terms in this Agreement from time to time. When the terms are changed, SKND may (but has no obligation to) notify Member of the change(s) and make a posting on the Site regarding the change(s). Member agrees to review this Agreement from time to time. If Member uses the Site after SKND has notified Member of or posted a revised or updated version of this Agreement on the Site, Member agrees to be bound by all of the changes and hereby accepts any and all such revised versions of this Agreement.

18. Miscellaneous

This Agreement cannot be amended except as specifically set forth in the Amendments section above.

This Agreement, and any rights and licenses granted under this Agreement, may not be transferred or assigned by Member, but they may be assigned by SKND without restriction.

No rights provided by this Agreement are lost or diminished because of lack of use of such rights.

This Agreement constitutes the entire agreement between Member and SKND concerning the subject matter of this Agreement, and it supersedes and replaces any and all prior negotiations, rules, communications, or proposed agreements, written or oral.

By completing the registration process and using the Site, Member confirms that Member has the full power and authority to enter into and perform this Agreement. Member also agrees that this Agreement is a legal, valid, and binding contract, and that its terms and conditions can be enforced by SKND.

SKND encourages you to print and keep a copy for your reference and to seek the advice of counsel regarding this Agreement.

Every provision of this Agreement is intended to be severable. If any portion of this Agreement is found to be invalid or unenforceable, then such portion will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the portion will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.

This Agreement is governed by the laws of Singapore without regard to its "choice of law" provisions.

The Member and SKND agree that any dispute involving this Agreement that cannot be settled by good-faith negotiation shall be submitted to arbitration in accordance with the rules of the Singapore International Arbitration Centre. The exclusive location of the arbitration shall be in Singapore. The arbitration shall be conducted by a single arbitrator with significant experience in the area of copyright law and other significant subject matter of the dispute. The decision of the arbitrator shall be legally binding, shall not be subject to appeal, and shall be enforceable in any court of competent jurisdiction.

If anything happens that is beyond reasonable control of either party (including wars, sabotage, riots, labor disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.), then delays will be expected and performance may be excused. SKND shall not be responsible or liable for any delay caused by the occurrence of such event.

The Site may contain links to third-party websites that are not owned or controlled by SKND. SKND has no control over, and assumes no responsibility for, the content, privacy policies, or practices of third-party websites. SKND cannot edit the content of third-party websites. Accordingly, SKND encourages Member to be aware when Member leaves the Site and to read the terms and conditions and privacy policy of each third-party website that Member visits.

Neither this Agreement nor a Member’s participation on and contributions to the Site, including the placement of Content on the Site, creates an agency, employee, legal representative, partner, fiduciary, special, or joint venture relationship between Member and SKND.

This Agreement inures to the benefit of and applies to the Member’s and SKND’s successors, assigns, heirs, divisions, subsidiaries, and employees.

Free shipping to Singapore and Malaysia!

SUBMIT TOTE DESIGNS FOR A CHANCE AT US$200