Creator and Distributor License Agreement
The following terms of this Creator License Agreement ("Agreement") apply if you create Products with ID web to print advanced solutions ltd d/b/a Artigram("Artigram ," "We," or "us") platform and/or post Content to be displayed and/or offered for "distribution" (i.e., for use on digital or physical Products) on Artigram platform, web sites, mobile Platforms, via marketplaces listings, and/or apps that are: (i) owned or operated by or for Artigram , or managed by a Artigram -owned account, or (ii) on Artigram -branded pages on which Products are displayed and posted for sale (collectively, "platform"). Users of the platform who upload Content for digital or physical Products are referred to as "Creators." Users of the platform who refer purchasers to the Platform are referred to as "Distributors".
Licenses.
By uploading Content to the Platform and/or creating Content with Artigram platform, you grant the following licenses to Artigram : the nonexclusive, worldwide, transferable, sublicensable right to use, reproduce, publicly display, sell, and distribute the Content (a) in or on Products and (b) in advertising, marketing, samples, and promotional materials for the purpose of promoting the Platform, your Content and Products. Without limitation, this promotion, marketing, or advertising may consist of: (i) display of your Content and/or Products; (ii) promotional "streams" of audio/video/photographic content, including but not limited to your Content, on the Platform, (iii)Products or Content placement in magazines, television shows, movies, and other media; (iv) the distribution of Content and Products available on the Platform through third party product feeds and website, (v) you grant us the license and the right to make modifications to your Content as necessary for viewing/download/sale on a particular Product, as applicable, or for other manufacturing or Platform-related purposes, (vi) Creators give distributors permission to sell their artworks on products that they choose in their stores, in accordance with the distributor's pricing method and according to the products that the distributors choose. As well as letting distributors distribute the content on their media channels and download the ad copy for their distributor channel for marketing purposes. You retain all copyright and other intellectual property rights in your Content. You may delete or hide your from the platform at any time, but due to caching and other technical issues, it may take a number of days for it to be completely removed from the Platform. Upon the removal of Content, the licenses above will terminate, except that Artigram may continue to use or access your Content (i) to fulfill any orders placed prior to termination, (ii) in marketing and promotional materials if such materials were created prior to removal of the Content, and (iii) to defend against or respond to infringement claims.
General.
To keep the platform and related programs functioning in a safe and secure way, Artigram and its community work together for their mutual benefit.
In order for Users of the platform to search for and find relevant Products, you will be asked to provide information (title, description, tags, and/or categories, collectively, "metadata") that describes your Content. It is your responsibility to provide accurate, non-misleading, and non-infringing information about your Content, and you agree not to submit unrelated information about your Content for any purpose. In the event that Artigram determines that your information is inaccurate or misleading, or that it violates the rights of a third party, Artigram has the right to delete such information, erase your Content entirely, and/or terminate your Account in its sole discretion.
The Platform and the conduct of your business on this Platform are subject to a set of rules that demonstrate common sense, respect for the rights of Artigram, other Creators, Users, and third parties, and compliance with applicable laws and regulations.
Please report problems, offensive Content, and policy violations to us at copyright@Artigram.me
If you do not follow the rules set forth above, Artigram may:
● Delete the Content or Product(s);
● Suspend your account with Artigram ;
● Withhold any Earnings for Content or Products that contain inappropriate or inaccurate descriptive information; and/or
● Terminate your Account (you hereby agree to forfeit any Earnings if Artigram , in its sole discretion, finds it necessary to terminate your Account for violation of the rules in the User Agreement, this Agreement and/or any of the Policies).
How does Artigram enforce these rules?
Artigram may take the following actions to enforce the terms of this Agreement:
● Send a notification informing you of the offending action, behavior, tag, spam or description and request that you take corrective action immediately;
● Make your Content or Product(s) unavailable;
● Delete your Content or Product(s);
● In the case of certain repeat offenders, we will, in our sole discretion, withhold payment of your Earnings; and/or
● In the case of certain repeat offenders, we will suspend and/or terminate your Account.
Additionally, we reserve the right at any time to remove, limit, suspend, terminate our service and User accounts, prohibit access to the Platform and any related content, services and tools, delay or remove Content and Products from the Platform and discontinue our relationship with any Creators who we determine in our sole discretion are in violation of the above-listed guidelines, including but not limited to tags that infringe the intellectual property rights of third parties, or are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable. Any Account posting or hosting objectionable Content or recommending objectionable website are subject to termination. Also, we reserve the right to remove Content that we determine in our sole discretion is primarily intended to promote a product or service.
Pricing.
Creators and/or distributors will set the product price at shops at their sole discretion, consistent with the pricing method on the platform. For clarification, distributors can set the price of products with creator images that are sold in distributor shops as they see fit and creators will not have any right to object.
Profits.
Sales made through the creator shop with original content on the creator site will receive payment from Artigram minus all operational fees, such as product base price, clearing fee, shipping, etc.
Affiliate content which is sold in the distributor role will entitle both parties to share the Artigram payment equally.
Creator profits for products sold in his shop without distributor will be calculated as follows:
- Retail sale price minus product base price, clearing fee and taxes if applicable
Creator and distributor profits for products sold in distributor Artigram shop will be calculated as follows:
- (Retail sale price minus product base price, clearing fee and taxes if applicable) divided by tow
We encourage you to review our guidelines and familiarize yourself with what constitutes Content violation. As noted above, you agree that you will forfeit any Earnings for Content or Products that violate our Content guidelines and rules.
Payment Terms.
Payment terms are available at Artigram Terms of Use.
Ineligible Sales.
For any Sales of Products incorporating Content that violates this Agreement, the Artigram User Agreement, or any of your representations below, Artigram will not pay you Earnings. Artigram reserves the right to reverse all Earnings for such Content, whether due or already paid, if discovered to violate someone else's copyright or if you do not have the right to use the Content.
Marketing and Promotions.
In addition to the Platform, Artigram may also market, promote, distribute, and sell Products through distributors and wholesalers. Artigram may offer promotions (including volume discounts). It is Artigram responsibility to advertise the offer, produce and fulfill orders, and you acknowledge that your earnings will be based on the amount of revenue Artigram receives for the sale of products.
Representations.
You represent that:
● You are the owner of the Content or that the Content is in the public domain;
● You have the legal right grant this license to Artigram and to enter into this Agreement;
● To your knowledge, no one else claims ownership of, or exclusive rights to, the Content;
● The Content does not infringe the privacy, celebrity, moral or other rights of any third party;
● The Content does not contain any defamatory, obscene or discriminatory content or any illegal material; and
● Artigram may legally make and sell Products incorporating the Content without infringing the rights of any third party and without being obligated to make any payments to, or obtain any permission from, any third party.
Release.
If you have a dispute with one or more Users or Creators, you release Artigram (and Artigram 's officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
User Agreement.
This Agreement supplements the Artigram Terms of Use, which is incorporated by this reference.