ECUSTOM - TERMS OF SERVICE

Effective Date: June 1, 2007

Welcome to eCustom.com (“eCustom”) , a Shanrene, Inc. Web site. This Terms of Service ("TOS") contain the terms and conditions that govern your use of the Web site and the eCustom Service (as defined below). A user of this Web site is referred to as "user" or "you". This TOS describes your rights and responsibilities and what you can expect from the eCustom Service. Use of the eCustom Web site constitutes your acceptance of and agreement to this TOS. The TOS may be changed from time to time without notice to you. Your continued use of eCustom after such changes constitutes your acceptance of the new terms.

• ECUSTOM SERVICE
  
  eCustom is a Web site that offers tools and services including but not limited to on-line software and tools to help users design and create customized products. These products include, but are not limited to laser engraved items, t-shirts, coffee mugs, puzzles, and other laser engraved and printed items. Users of this Web site (“Users”) may create, order and purchase products and may make custom products available to purchase by others by adhering to the policies in the “Artist Rules and Requirements” section below and other policies of these Terms of Service for Users of this Web site. eCustom may offer a number of other services on its Web site, including without limitation, message boards, contests, and newsletters, which may change from time to time. All users may browse content that is marked as “public” by any other user. eCustom produces and ships most products ordered on the Web site.
  
  
• AGE AND GEOGRAPHIC RESTRICTIONS
  
  eCustom will only knowingly provide the service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the eCustom Service only under the supervision of a parent or legal guardian who agrees to be bound by this TOS. The eCustom Service is not intended for children under the age of 13. Children under 18 may not be a seller and offer their designed items for sale on the eCustom site. Children under the age of 17 are not allowed to have public profiles on the site.
  
  Currently, we only provide shipping and service to users within the United States. You are not allowed to earn Artist Fees if you are outside of the United States.
  
  
• USER ACCOUNT SECURITY
  
  You choose a username and password during the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. eCustom cannot and will not be liable for any loss or damage arising from your failure to comply.
  
  
• WEB SITE CONTENT
  
  1. You may not upload, download, post, email or otherwise transmit any materials including but not limited to text, data, photos, graphics, or any of these elements in combination as a design for products available on this Web site or otherwise ("Content") that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, hateful, or racially, ethnically or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
  
  2. You may not upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By uploading or downloading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances.
  
  3. You may not upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
  
  4. You may not upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation.
  
  5. You may not upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  
  
• PRIVACY POLICY
  
  By entering into this TOS, you agree to eCustom’s collection, use and disclosure of your personal information in accordance with our privacy policy.
  
  
• LICENSING CONTENT
  
  You will retain ownership of the Content that you upload to the Web site unless you combine it with data, art, fonts, images, clip-art, graphics, and other material that is provided by the eCustom service. You hereby grant to eCustom a royalty-free, worldwide, transferable, nonexclusive, right and license to use such Content, in all media existing now or created in the future, as eCustom deems necessary to enable you to use the Create & Buy Service to create, produce and purchase Products. eCustom may sublicense the rights that you grant it in this Section to a third party subcontractor only for purposes of providing the eCustom Service, processing your order, and producing and shipping your Products.
  
  You do not retain the right or ownership of any derived works that contain any data, art, fonts, images, clip-art, graphics, and other material that is provided by eCustom.com.
  
  You acknowledge and agree that any Content, including but not limited to text, data, art, fonts, images, clip-art, graphics, etc. or other material contained or distributed on or through the eCustom and its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the site without the authorization of the Content owner, except for uses permitted by law. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site including code and software, in violation of applicable copyright and other intellectual property laws.
  
  
• COPYRIGHTS AND TRADEMARKS
  
  eCustom respects copyrights and trademarks of others and we also expect our users to do the same. If you believe that your content has been copied in a way that constitutes copyright or trademark infringement, please contact us immediately.
  
  You may be asked to provide:
  
  a)    an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  b)    a description of the copyrighted work or other intellectual property that you claim has been infringed;
  c)    a description of where the material that you claim is infringing is located on the Web site;
  d)    your address, telephone number, and email address;
  e)    a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  f)    a statement by you, made under penalty of perjury, that the above information provided by you is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
  
  Users may have their accounts suspended if they appear to be infringing on the intellectual property rights of others.
  
  
• ARTIST RULES AND REQUIREMENTS
  
  Users who create products may allow others to purchase the same design or product on the eCustom Web site by adding an "Artist Fee" to the base price of the product and mark the product as "public" when prompted to do so.  A User who adds an Artist Fee to his or her "public" products are considered a "Seller" in these Terms of Service.
  
  
• SELLER INFORMATION
  
  If you create public designs or projects and add an “Artist Fee” to them, you must provide eCustom with accurate and complete contact, payment and tax information in your account area.
  
  
• SELLER TAX INFORMATION
  
  If you choose to sell public designs/products for-profit through your eCustom, you must provide your taxpayer identification number to eCustom. Failure to provide an accurate taxpayer identification number may result in eCustom withholding your payment until you provide an accurate tax identification number. It is your responsibility to determine what, if any, taxes apply to the payments you receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. eCustom is not responsible for determining whether taxes apply to your Artist Fees, or for collecting, reporting or remitting any taxes arising from any payments made to you for public products sold through eCustom.
  
  
• SELLER STATEMENTS AND PAYMENTS
  
  A statement of Artist Fees earned and paid will be maintained in your online account or will be given upon request via email. Generally, eCustom shall pay Sellers all Artist Fees due no later than forty-five days following the end of the month when the unpaid fees due equal or exceed $25, or some higher amount should Seller so specify in the settings of his/her account. Yet, if the balance does not exceed $25, eCustom will pay Sellers on or before January 31st for any fees earned and unpaid as of the end of the previous calendar year (even if less than $25) unless Seller specifies otherwise in the settings of his/her account.
  
  
• SELLER INCORRECT PAYMENT INFORMATION
  
  Unless you and eCustom otherwise agree in writing, eCustom may remit any payment otherwise due to you as a contribution in your name to a 501(c)(3) charitable nonprofit organization of eCustom’s choice (or any charity agreed upon in writing by you and eCustom) if: (i) you fail to provide eCustom with accurate and complete contact and tax identification information; and (ii) the funds remain outstanding for more than 12 months. If eCustom makes such a contribution, its obligation to you shall be reduced by the amount of that contribution.
  
  
• SELLER PROMOTIONS
  
  You may not use "spam," "blast-faxes" or recorded telephone messages to market or sell your public products. You may not spam or attempt to deliberately subvert the results of the eCustom directory or search engine with false, misleading, or unnecessarily repetitive information.
  
  
• WARRANTY OF OWNERSHIP AND NON-INFRINGEMENT
  
  YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT OR THAT YOU ARE AUTHORIZED TO SUBMIT SUCH CONTENT TO THIS WEB SITE FOR THE PURPOSES OF CREATING PRODUCTS AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT.
  
  
• DISCLAIMER AND EXCLUSIONS
  
  DISCLAIMER OF WARRANTIES. ECUSTOM PROVIDES THE WEB SITE AND ECUSTOM SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. ECUSTOM DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, ECUSTOM SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. ECUSTOM MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
  
  
• LIMITATION OF LIABILITY
  
  ECUSTOM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE ECUSTOM SERVICE OR THIS TOS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THIS TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS TOS EXCEED THE GREATER OF (i) THE AMOUNT PAID BY ECUSTOM TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.
  
  
• INDEMNITY
  
  You agree to defend, indemnify and hold eCustom and eCustom’s officers, directors, shareholders, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through this Web site, (b) your use of this Web site, (c) your connection to this Web site, (d) your violation of the Agreement or (e) your violation of any rights of a third party.
  
  
• TERMINATION
  
  You agree that eCustom, in its sole discretion, may terminate your password, account (or any part thereof) or use of this Web site, and remove and discard any Content you may have contributed to the Web site, at any time for any reason or no reason. eCustom may also in its sole discretion and at any time discontinue providing this Web site, or any part thereof, with or without notice. You agree that any termination of your access to this Web site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that eCustom may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of this Web site. Further, you agree that eCustom shall not be liable to you or any third-party for any termination of your access to this Web site. Should you object to any terms and conditions of the Agreement or become dissatisfied with this Web site in any way, your only recourse is to immediately discontinue your use of this Web site and/or terminate your account.
  
  
• GENERAL
  
  These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Colorado without reference to conflict of law principles. This TOS is not assignable or transferable by you without the prior written consent of eCustom. This TOS (including all of the policies and other Agreements described in this TOS, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and eCustom are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect.