InkDiy ("InkDiy" or "We") empowers the world's artists to earn money from their artwork by making it immediately available for sale as a variety of products - without giving up control of their rights. Artists first, we understand the importance of representing one's work with quality and respect, and we also believe it is essential that all InkDiy users respect the copyright and other intellectual property rights of others. Whether an artist, a customer, or even if you're just browsing, please respect the intellectual property rights of all the works you see or buy on InkDiy. Please be aware that when you post your work to InkDiy, it will be publicly available for the world to view, or buy as a product. IT IS YOUR RESPONSIBILITY TO MAKE SURE THAT YOU ARE UPHOLDING YOUR LEGAL RESPONSIBILITIES AND NOT VIOLATING ANYONE’S RIGHTS OR BREAKING ANY LAWS BY PUBLISHING OR OFFERING YOUR WORK FOR SALE THROUGH InkDiy. InkDiy provides a range of services (the "InkDiy Services") which enable you to publish, sell, comment on, promote, and purchase artwork and art-related products (collectively, "Products") through InkDiy.com (the "Site"); interact with other InkDiy users; and receive the benefits of InkDiy's Product production services, including payment processing, transaction handling, product manufacturing, packaging, order fulfillment and customer support.
2. CONTENT, COPYRIGHT & INTELLECTUAL PROPERTY POLICIES
You understand that all information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials submitted, posted, published, displayed, performed, or offered for sale through the InkDiy Services ("Content"), whether publicly posted or privately transmitted, is protected by copyright and other intellectual property rights.
You understand that you will be exposed to Content and may purchase Products from a variety of InkDiy users and that you rely on the Content and purchase Products at your own risk. InkDiy does not prescreen Content or Products and is not responsible for examining or evaluating any Content or Products offered through the InkDiy Services, including without limitation, their accuracy, usefulness, or safety, or for determining whether the party offering the Content or Products for sale has obtained all required rights to do so. Without limitation of the foregoing, while we try to offer reliable data, we cannot promise that the Content on the Site will always be accurate and up-to-date. You further understand and acknowledge that you may be exposed to Content that is offensive, indecent or objectionable and that we may not be able to confirm the identity of other registered users or prevent them from acting under false pretenses or in a manner that infringes the rights of any person. YOU HEREBY WAIVE ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST InkDiy WITH RESPECT TO ANY ACTIVITIES, CONTENT, PRODUCTS, ACTIONS OR INACTIONS OF ANY THIRD PARTY IN CONNECTION WITH THE InkDiy SERVICES, INCLUDING WITHOUT LIMITATION, ANY ILLEGAL, DEFAMATORY, OFFENSIVE, OR UNAUTHORIZED CONDUCT BY ANY OF THE InkDiy SERVICES’ USERS.
As between you and InkDiy, you own all and retain all rights in your Content. You hereby grant InkDiy and its affiliates a worldwide, royalty-free, nonexclusive, assignable license, with right of sublicense, to use, publicly display and publicly perform, publish, reproduce, modify, and distribute your Content in any format or medium now known or later developed for the purpose of promoting your Content, producing and promoting your Products, and providing the other InkDiy Services to you.
YOU, AND NOT InkDiy, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR CONTENT THAT YOU MAKE AVAILABLE AND ALL PRODUCTS YOU OFFER FOR SALE THROUGH THE InkDiy SERVICES, INCLUDING WITHOUT LIMITATION, THAT YOU OWN OR HAVE OBTAINED ALL REQUIRED INTELLECTUAL PROPERTY AND OTHER RIGHTS IN YOUR CONTENT, INCLUDING WITHOUT LIMITATION, THE RIGHT TO MANUFACTURE, DISTRIBUTE AND SELL PRODUCTS THAT INCLUDE YOUR CONTENT.
You represent and warrant that:
you own all intellectual property rights in your Content or that you have obtained all copyrights, trademark rights, rights of publicity and other rights required for you to make your Content available through the InkDiy Services, to manufacture, distribute and sell Products that include your Content and to grant InkDiy the rights granted to it in these Terms;
your Content and the manufacture, distribution and sale of Products that include your Content does not and will not infringe the intellectual property rights or other rights of any person or entity, including without limitation any copyright, moral rights, trademark, patent, right of publicity or right of privacy;
your Content does not contain material that is false, inaccurate, misleading, incomplete, defamatory or libelous obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy, in violation of anyone’s rights, including their privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
your Content is accurate, is not misleading or deceptive and does not offer or disseminate fraudulent goods, products, services, schemes, or promotions.
InkDiy reserves the right to prescreen your Content (but has no obligation to do so), to review and remove your Content from the Site, to suspend or cancel your account, and to cancel the InkDiy Services provided to you at any time in its sole discretion. InkDiy has a zero tolerance policy for intellectual property infringement. If you submit Content or offer Products for sale that InkDiy, in its sole discretion, believes may infringe another party’s intellectual property rights, InkDiy may immediately terminate your account, in addition to any other remedies it may have.
(a) Two shop types are available on InkDiy site. First, there are shops designed and operated by InkDiy itself ("InkDiy Shop(s)") and shops designed and operated by independent shop owners ("Partner Shop(s)"). Information about the owner of any shop is available as a linked page in each shop.
(b) Independent shop owners of Partner Shops are solely responsible for the products and designs offered in those shops, the design of those shops, and the advertising of the articles offered. InkDiy does not use designs or products of shop owners until a customer places an order that includes one of those designs or products.
4. Product Sales
(a) By placing an order using InkDiy site and service, a customer makes a binding offer for a contract of sale or, as the case may be, a contract for work and materials with InkDiy only (no contract exists between the customer and any applicable shop owner). InkDiy sends an order confirmation via e-mail to the customer. The order confirmation is not an acceptance of the offer, but only acknowledges that the order was received. The offer is only accepted when InkDiy ships the ordered product to the customer and confirms the shipment to the customer in a second e-mail. InkDiy cannot guarantee the continued availability of any products or designs found on its site.
(b) Information, drawings, figures, technical data, specifications of weight, measurements and services contained in brochures, catalogues, newsletters, ads, or price lists are purely informational. InkDiy cannot guarantee the correctness of this information, and if there is any inconsistency between the information described above and the information in an order confirmation email, the order confirmation email controls.
(c) InkDiy reserves the right to reject orders for any reason or no reason. If InkDiy rejects an order, it will notify the customer.
(d) InkDiy's performance of an order is completed when the shipment provider completes delivery to the customer's address, according to the records of the shipment provider. If there is an interruption of delivery, and InkDiy cannot replace the order in a reasonable amount of time, InkDiy will notify the customer immediately.
(e) If there is a product defect or if you are dissatisfied with your order for any reason, InkDiy's return policy will apply, which InkDiy may change at any time in its sole discretion.
5. Delivery & Shipment
(a) InkDiy warrants that it will ship orders within three days after orders are placed. Normally, goods are shipped within a few days and typical delivery times are 6-10 business days, but in certain circumstances shipment and delivery can take up to three weeks. Customers and InkDiy may separately agree to more specific delivery times and terms in a separate writing or agreement (such as a request for express shipping).
(b) InkDiy will make delivery using a shipment service provider of its choosing. The customer must pay standard shipping costs which may depend on order value and shipping destinations. Current information is available at InkDiy's website.
(a) All prices found on InkDiy's site are final, and may change from time to time. Shipping and handling are billed and shown separately at checkout (or on invoices, if applicable). The shipping address and order amount may affect certain costs, and sales taxes may apply to some orders.
(b) For customers ordering from outside the United States, all product prices are net of local taxes and fees. If, according to applicable law, the goods are subject to sales taxes, import duties, import brokerage fees, or other taxes or fees in the recipient's country, then the customer has the sole responsibility to pay these taxes and fees.
(c) Customers must pay the purchase price, applicable sales taxes, and shipping and handling charges immediately upon placing an order, without deduction.
(a) Customers may choose to pay by credit card or paypal, or other payment methods. InkDiy reserves the right to limit the method of payment chosen by the customer depending on order value, shipment destination, or other objective criteria.
(b) If the customer selects a payment method or provides payment information that makes it impossible or impractical for InkDiy to receive payment (for example, the customer's account lacks sufficient funds, or the customer provided incorrect payment information) through no fault of InkDiy's own, the customer agrees that InkDiy may add an additional charge to the order to recoup costs associated with processing or attempting to process the impossible or impractical transaction.
(c) InkDiy may sub-contract third parties to process payment.
(d) If the customer fails to pay, InkDiy may assign its claims to a debt collection agency and transfer the personal data required for collecting payment to these third parties.
8. Title to Products
Until InkDiy receives full payment for an order and the order is shipped, title to the goods remains with InkDiy. Upon transfer of the goods to the carrier, title and risk of loss passes to the customer. The customer should handle products with care until the transfer of ownership is complete (for example, in case of a product return).
(a) InkDiy provides the site and service on an "as is" and "as available" basis. InkDiy does not represent or warrant that the site and service or its use: (i) will be uninterrupted, timely, safe, or secure, (ii) will be free of inaccuracies, errors, or vulnerabilities, (iii) will meet your expectations or requirements, or (iv) will operate in the configuration or with the hardware or software you use. InkDiy hereby disclaims any and all express or implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability, and non-infringement to the fullest extent of the law, except to the extent that this agreement provides otherwise.
(b) You agree that InkDiy has no responsibility for any damages suffered by you in connection with the site and service, and that use of the site and service, including all content, data or software distributed by, downloaded, or accessed from or through the site and service, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business or your computer system or any loss of data that results from your actions and your use of the site and service. InkDiy does not control or endorse in any respect any information, products, or services offered by third parties through the site and service, and is not responsible for any possible representations and warranties these third parties may make.
(c) Due to normal changes in our industry and in our technical production processes, InkDiy may reasonably deviate from the descriptions and information found in its brochures, catalogues, and other documents with respect to material, color, weight, measurements, design, or other features.
(d) InkDiy may use subcontractors or third parties to provide certain elements of its site and service. You agree that InkDiy will not be liable to you in any way for your use of these services.