Terms of service

Please read carefully before using the services offered by maliandio.com: Personalized Gifts & Unique Gift Ideas.

maliandio.com: Personalized Gifts & Unique Gift Ideas provides users with an automated Internet-based service to design and sell t-shirts and other custom products. By using maliandio.com: Personalized Gifts & Unique Gift Ideas and its services in any capacity, you have agreed to the terms and conditions of this Agreement and agree to use the site and service solely as provided in this Agreement. For additional clarification on these Terms of Use, please refer to maliandio.com: Personalized Gifts & Unique Gift Ideas’s Frequently Asked Questions section.

USER AGREEMENT

By violating this User Agreement in any capacity, you are subject to an immediate removal of your campaign(s), possible forfeit of profit(s), and potential suspension or termination of your account.

maliandio.com: Personalized Gifts & Unique Gift Ideas provides its website and related services to you (“Seller” or “you”) subject to this User Agreement (the “Agreement”), the Intellectual Property Complaint Policy (“DMCA”), the Counter-Notice Policy, the Repeat Intellectual Property Complaint Policy, the Refund Policy, and the Privacy Policy (this Agreement and the foregoing policies collectively referred to as “Terms of Use”). All of the terms and obligations set forth in the foregoing policies are incorporated by reference.

Delivery Procedure

Any time quoted for delivery is an estimate only; provided, however, that maliandio.com: Personalized Gifts & Unique Gift Ideas shall use commercially reasonable efforts to deliver all merchandise on or before the stated delivery date. No delay in shipment or delivery of any merchandise relieves Seller of their obligations under this Agreement.

Print Variance

Product production is generated from the artwork uploaded by the seller. The estimated positioning of the artwork is provided by the seller. Print size and exact location may vary based on the product size. Colors are best matched to the artwork provided. maliandio.com: Personalized Gifts & Unique Gift Ideas may substitute comparable products if stock becomes an issue. Exact print size, location, and colors are not guaranteed and are completely dependent on the artwork uploaded by the seller.

Price and Payment

Seller shall determine the price of the merchandise sold for each campaign. maliandio.com: Personalized Gifts & Unique Gift Ideas shall retain from the customer payments. maliandio.com: Personalized Gifts & Unique Gift Ideas will determine the base price as the cost of goods sold (including any additional expenses and fees maliandio.com: Personalized Gifts & Unique Gift Ideas determines necessary to comply with the terms of this Agreement), and remit to Seller any amount in excess of such base price (“Seller Profits”).

BY CREATING A CAMPAIGN ON THE MALIANDIO.COM: PERSONALIZED GIFTS & UNIQUE GIFT IDEAS SITE

You agree to accept and abide by maliandio.com: Personalized Gifts & Unique Gift Ideas’s Terms of Use in their entirety.

With respect to any trademarks, service marks, or copyrights that you have licensed from the owner thereof (the “Licensed Rights”), you agree to comply with any restrictions or conditions imposed on the use of the Licensed Rights.

You agree that you are the owner, or licensee, of all rights associated with any created or uploaded artwork or text, including but not limited to, the trademarks and copyrights that may be associated with said material. If you are not the owner, you agree to provide maliandio.com: Personalized Gifts & Unique Gift Ideas with evidence of the permission given to you by the owner.

You agree that the description and title of the campaign do not, either in and of themselves or in addition to the text and images featured in the created merchandise, infringe upon the rights of any third party.

You understand and agree that maliandio.com: Personalized Gifts & Unique Gift Ideas reserves the right to remove any content that may be considered to promote hate, violence, racial intolerance, or the financial exploitation of a crime.

You understand and agree that maliandio.com: Personalized Gifts & Unique Gift Ideas may, in its sole discretion, release your contact information to a third party that satisfactorily alleges, pursuant to maliandio.com: Personalized Gifts & Unique Gift Ideas’s Intellectual Property Complaint Policy below, unauthorized use of its intellectual property.

Upon receipt by maliandio.com: Personalized Gifts & Unique Gift Ideas of an allegation of infringement that comports with maliandio.com: Personalized Gifts & Unique Gift Ideas’s Intellectual Property Complaint Policy, in maliandio.com: Personalized Gifts & Unique Gift Ideas’s sole discretion, your campaign may be subject to immediate cancellation, possible forfeiture of any profits, and suspension or termination of your account with maliandio.com: Personalized Gifts & Unique Gift Ideas.

You agree not to provide untrue information in your campaign including, but not limited to: the amount of product for sale, the origin of production of the product, or the intended recipient of profits.

You agree not to utilize illegal advertising to run your campaign, including but not limited to: advertising frauds, payment fraud on advertising accounts. Upon receipt by maliandio.com: Personalized Gifts & Unique Gift Ideas of an allegation or suspicion of illegal advertising, your account may be subject to immediate termination.

You agree not to solicit potential buyers through information posted in your campaign other than the purchase of the primary item(s). This includes raffles, chances to win, and other representations of additional opportunities beyond the sale of the primary item being sold.

You agree to defend, indemnify, and hold maliandio.com: Personalized Gifts & Unique Gift Ideas and its affiliates harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or relating to your use of maliandio.com: Personalized Gifts & Unique Gift Ideas’s site and services, your violation of this Agreement, or your violation of any rights of another.

You agree that maliandio.com: Personalized Gifts & Unique Gift Ideas is not responsible for any consequential, indirect, or any special damages, including, but not limited to, lost profits, associated with any action taken by maliandio.com: Personalized Gifts & Unique Gift Ideas pursuant to this Agreement or your use of the maliandio.com: Personalized Gifts & Unique Gift Ideas service.

INTELLECTUAL PROPERTY COMPLAINT POLICY

maliandio.com: Personalized Gifts & Unique Gift Ideas keeps the right to remove any infringing content related to (but not limited to) trademarks, copyrights, and other content violations. All content uploaded by users must go through our review process with the following two steps:

Review Process

First round: Our platform will perform an automated check. Our system will automatically crawl all user-generated content and match it with the Google Vision library. If any content violation is detected, the platform will immediately flag the campaign.

Some designs may pass the automated check. Therefore, we conduct a second round of review by human moderators to ensure that potentially infringing content is identified and handled appropriately.

maliandio.com: Personalized Gifts & Unique Gift Ideas provides users with a platform to sell their own merchandise. Users contractually agree to all terms prior to using maliandio.com: Personalized Gifts & Unique Gift Ideas services. maliandio.com: Personalized Gifts & Unique Gift Ideas strictly prohibits users from using its services to sell merchandise that infringes upon third-party intellectual property rights (including, but not limited to, copyright, trademark, trade dress, and right of publicity).

It is the policy of maliandio.com: Personalized Gifts & Unique Gift Ideas to block and remove any content that it believes in good faith to infringe the intellectual property rights of third parties following receipt of a compliant notice, and to terminate service for repeated infringement.

How to Submit an Intellectual Property Complaint

If you believe that your intellectual property rights have been infringed upon by a maliandio.com: Personalized Gifts & Unique Gift Ideas user, please notify us at:

📧 support@maliandio.com

Your notification must include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that you allege is being infringed.

  • The URL(s) to the maliandio.com: Personalized Gifts & Unique Gift Ideas campaign(s) used in connection with the sale of the allegedly infringing merchandise.

  • Identification of the copyright, trademark, or other intellectual property rights that allegedly have been infringed, including proof of ownership (such as copies of existing trademark or copyright registrations).

  • Your full name, address, telephone number(s), and email address(es).

  • A statement that you have a good-faith belief that use of the material in the URL submitted is unauthorized by the rights owner, or its licensee, and that such use amounts to infringement under applicable law.

  • A statement, under penalty of perjury, that the information in the notification is complete and accurate and that you are authorized to act on behalf of the owner of the intellectual property or other right that is allegedly infringed.

COUNTER-NOTICE POLICY

If you believe that a claim of intellectual property infringement was filed by mistake or due to misidentification, you may file a counter-notice. If you materially misrepresent in your counter-notice that your design does not infringe upon intellectual property rights, you may be liable for damages to the intellectual property owner (including costs and attorneys’ fees). Therefore, if you are unsure whether the material infringes on any intellectual property rights, you should consult an attorney before submitting a counter-notice.

The counter-notice should be submitted to:

📧 support@maliandio.com

and must include the following information:

  • Your physical or electronic signature;

  • Your full name, address, telephone number(s), and email address(es);

  • Identification of the material and its location before it was removed, either by URL to the maliandio.com: Personalized Gifts & Unique Gift Ideas campaign(s) used in connection with the sale of the allegedly infringing merchandise or the maliandio.com: Personalized Gifts & Unique Gift Ideas campaign number;

  • A statement, made under penalty of perjury, that the claim of intellectual property infringement that led to the removal or blocking of access to the material was filed as a result of mistake or misidentification;

  • Your consent to the jurisdiction of a federal court in the district where you live (if you are in the United States), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are outside of the United States);

  • Your consent to accept service of process from the party who submitted the takedown notice or an agent of that party.

If you submit a counter-notice, a copy of the counter-notice may be sent to the complaining party, informing them that maliandio.com: Personalized Gifts & Unique Gift Ideas may replace the removed material or cease disabling access to it within ten (10) business days. Unless the intellectual property owner files an action seeking a court order against you, the removed material may be replaced or access to it restored within ten (10) to fourteen (14) business days after receipt of the counter-notice.

REPEAT INTELLECTUAL PROPERTY COMPLAINT POLICY

If maliandio.com: Personalized Gifts & Unique Gift Ideas receives repeated notices that you have posted others’ intellectual property without permission, maliandio.com: Personalized Gifts & Unique Gift Ideas may terminate your account. maliandio.com: Personalized Gifts & Unique Gift Ideas has a system for keeping track of repeat violators of intellectual property rights of others and determining when to suspend or terminate your account.

maliandio.com: Personalized Gifts & Unique Gift Ideas reserves the right to terminate accounts that act against the spirit of the Terms of Use, regardless of how many strikes are involved.

WITH HOLDING AND TAX MATTERS

It is contemplated that the services and transactions described in this Agreement will not impose a withholding obligation upon maliandio.com: Personalized Gifts & Unique Gift Ideas under Section 1442 of the Internal Revenue Code, as amended (the “Code”). Notwithstanding the foregoing, in the event maliandio.com: Personalized Gifts & Unique Gift Ideas concludes that it has an obligation to withhold under Section 1442 of the Code (or other applicable law) with respect to Seller Profits, maliandio.com: Personalized Gifts & Unique Gift Ideas will withhold all applicable income tax from any payments or Seller Profits otherwise due to Seller.

Seller shall be solely responsible for payment of its own tax liabilities which may arise under the Agreement and shall indemnify maliandio.com: Personalized Gifts & Unique Gift Ideas for any tax obligations, including for federal income tax withholding, which may arise as a result of this Agreement.

INDEMNIFICATION

Seller shall indemnify, defend and hold harmless maliandio.com: Personalized Gifts & Unique Gift Ideas and maliandio.com: Personalized Gifts & Unique Gift Ideas’s affiliates, employees, officers, directors, and agents from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, costs and expenses (including attorneys’ fees) which arise out of or relate to:

(i) any content submitted or posted by Seller;
(ii) Seller’s use of, or connection with, maliandio.com: Personalized Gifts & Unique Gift Ideas’s website;
(iii) Seller’s violation of any of the terms of this Agreement or the Terms of Use; or
(iv) Seller’s violation of any rights of a third party.

To secure Seller’s prompt and complete payment and performance of any and all present and future indebtedness, obligations and liabilities of Seller to maliandio.com: Personalized Gifts & Unique Gift Ideas, including with respect to any indemnification arising out of the Agreement or the Terms of Use, Seller hereby grants maliandio.com: Personalized Gifts & Unique Gift Ideas a security interest in all proceeds of the merchandise (including Seller Profits and insurance proceeds). maliandio.com: Personalized Gifts & Unique Gift Ideas shall be entitled to all applicable rights and remedies of a secured party under applicable law.

In no event shall maliandio.com: personalized gifts & unique gift ideas’ aggregate liability arising out of or related to this agreement or the terms of use, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the amount otherwise owed to seller as seller profit.

Disclaimer of Warranties

Your use of the maliandio.com: personalized gifts & unique gift ideas service is at your sole risk. the maliandio.com: personalized gifts & unique gift ideas service is provided on an “as is” and “as available” basis. without limiting a buyer’s right to return merchandise and obtain a refund to the extent described in our return policy, maliandio.com: personalized gifts & unique gift ideas expressly disclaims all warranties of any kind with respect to any campaign, merchandise or service, whether express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Limitation of Liability

maliandio.com: personalized gifts & unique gift ideas will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits, including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if maliandio.com: personalized gifts & unique gift ideas has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from:

(i) the use or the inability to use the service;
(ii) the cost of procurement of substitute goods and services resulting from any merchandise, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
(iii) unauthorized access to or alteration of your transmissions or data; or
(iv) any other matter relating to the service.

in no event will maliandio.com: personalized gifts & unique gift ideas total liability to you for all damages, losses or causes of action exceed the amount you have paid maliandio.com: personalized gifts & unique gift ideas or maliandio.com: personalized gifts & unique gift ideas has paid you in the last six (6) months, or, if greater, fifty dollars ($50). the foregoing limitations will apply to the maximum extent permitted under applicable law.

Exploiting System Vulnerabilities

maliandio.com: Personalized Gifts & Unique Gift Ideas reserves the right to take action against individuals and organizations that intentionally exploit system vulnerabilities to improperly obtain benefits. Individuals and organizations who intentionally exploit the system vulnerabilities of maliandio.com: Personalized Gifts & Unique Gift Ideas are obligated to compensate for any damages caused.

Damages include, but are not limited to:

  • Loss of money and other benefits

  • System interruption

  • Damage caused by DDoS attacks and other forms of system attacks

MISCELLANEOUS PROVISIONS

Terms of Agreement Prevail Over Seller’s Campaign Purchase Order

The parties intend for the express terms and conditions contained in this Agreement (including any schedules and exhibits hereto), and the pricing terms as set forth for each campaign, to exclusively govern and control each party’s respective rights and obligations regarding the subject matter of this Agreement. This Agreement is expressly limited to such terms and conditions. Any attempt to modify, supersede, supplement, or otherwise alter this Agreement shall not be binding unless fully approved in a written agreement signed by both parties.

Relationship of the Parties

Nothing in this Agreement or the Terms of Use creates any agency, joint venture, partnership, employment, fiduciary, or other joint enterprise relationship between the parties. Neither party has any authority to bind or create obligations on behalf of the other.

Entire Agreement

This Agreement (together with the Terms of Use) constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements, understandings, representations, and warranties, whether written or oral.

Assignment

Seller may not assign or delegate any rights or obligations under this Agreement without the prior written consent of Maliandio. Maliandio may assign or delegate its rights and obligations at its sole discretion.

Severability

If any provision of this Agreement or the Terms of Use is held to be invalid, illegal, or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions.

Governing Law; Venue

This Agreement and the Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of laws principles. Each party consents to the exclusive jurisdiction of the federal, state, or local courts located in Hillsborough County, Florida.

Waiver of Jury Trial

Each party knowingly and voluntarily waives any right to a trial by jury in any legal proceeding arising out of or relating to this Agreement or the Terms of Use.

---

BUYER PAYMENTS, RETURNS, REFUNDS, AND CANCELLATION POLICY

By clicking “Place Your Order”, you (“Buyer” or “You”) agree that you have read, understood, and agreed to all applicable terms and policies.

Payment Methods

We accept the following payment methods: VISA, MasterCard, American Express, and PayPal. No other payment methods are accepted.

Time of Payment

Due to the preparation and production work required prior to printing and shipping, Buyers are charged at the time the order is placed.

When purchasing merchandise through the Maliandio service, you represent and warrant that all payment information provided is accurate and that you are authorized to use the selected payment method.

Time of Shipment

For non-apparel products, production will begin shortly after order completion and will be shipped in due course. For apparel products (e.g., t-shirts), products of the same type may be batched for printing and shipping.

Estimated delivery time is 14–21 business days after payment is received and the order is processed. This timeframe is an estimate only and may be extended due to postal delays, weather events, customs, or other circumstances beyond Maliandio’s control.

International Shipping

Certain countries do not provide international tracking once the shipment leaves the origin country. In cases of lost or delayed shipments, the Buyer should contact their local post office. Maliandio is not responsible for contacting third-party carriers on behalf of Buyers or Sellers.

Lost or Stolen Shipments

Maliandio does not guarantee domestic or international deliveries and does not handle returns or exchanges related to lost or stolen shipments. Certain countries are considered high-risk for lost or in-transit issues. All shipments are made at the Buyer’s and Seller’s sole risk. Maliandio is not liable for unsuccessful deliveries.

Cancellations, Refunds, and Exchanges

Due to the customized and made-to-order nature of products, all sales are final. Cancellations, refunds, and exchanges are not permitted.

If you receive an incorrect product due to our error (e.g., wrong color, size, or design), you must contact us within 14 days of delivery. Claims will be reviewed on a case-by-case basis.

---

API POLICY

Overview

All materials related to the Maliandio API and applications are the property of Maliandio. Unauthorized reproduction or use is strictly prohibited.

Sellers may not submit or transmit content that is abusive, threatening, illegal, or that violates third-party rights. Maliandio reserves the right to remove or edit any submitted content.

Maliandio integrates services through third-party platforms (such as Shopify). By accessing or using any part of the Maliandio application, Sellers agree to be bound by all applicable Terms of Use and policies.

Maliandio reserves the right to update or modify these Terms at any time by posting changes on its website. Continued use of the service constitutes acceptance of such updates.

Maliandio is not responsible for Seller customer service, payment processing, refunds, or exchanges.

This Agreement remains in effect until terminated by either party. Seller may terminate by discontinuing use of the Maliandio application and destroying all related materials.

---

LOST / STOLEN

Maliandio does not guarantee delivery and is not responsible for lost, stolen, or in-transit shipments. Shipping is at the sole risk of the Buyer and Seller.

---

PRINTING & PRODUCTION

Maliandio prohibits the sale of merchandise that infringes third-party intellectual property rights.

Production is based on artwork and mockups provided by the Seller. Print size, placement, and colors may vary by product and are not guaranteed to be exact. Comparable substitutions may be made if inventory issues arise.

Sellers are responsible for monitoring and resolving any issues in their third-party platform (including address or payment issues). Maliandio is not responsible for orders delayed or canceled due to unresolved issues.

---

PRICING AND CURRENCY

All prices displayed on the website may be shown in local currency for convenience. However, all transactions are processed in United States Dollars (USD).

The final amount charged may vary due to exchange rates and foreign transaction fees imposed by your financial institution. By completing a purchase, you acknowledge and agree that the final charge will be in USD.