Terms of Service

The following terms and conditions (the "Agreement") govern all use of the Inktale.com website (the "Site") and the services available on or at the Site (taken together with the Site, the "Service"). The Service is owned and operated by Inktale Inc. ("Inktale"). The Service is offered subject to your (the "User") acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Inktale – including, without limitation, Shipping, Return Policy, Privacy Policy and others. If you do not agree with this Agreement, do not use the Site.

Inktale provides a range of services including but not limited to, enabling you to publish, sell, comment on, promote, and purchase products ("Products"), receive the benefits of Inktale product production service including payment processing, transaction handling, product manufacturing, packaging, order fulfillment and delivery to your customers ("Customers"). Inktale is a marketplace where content owners, designers and creators may make their content available for use in connection with sale Products.

1. ACCESS & MEMBERSHIP

In order to enjoy all the benefits of Inktale, the User may register and become a member ("Member"). Membership requires that the User registers on the Site (including by filling-out all required personal information). The User may opt out of marketing and promotional e-mails. The User may cancel its membership at any time by canceling online on the Site. To complete registration, the User shall provide an email address, a password and all other required information. The User may never use another's account without permission from that user. The User is solely responsible for the activity that occurs on User’s account, and User must keep its account password secure. The User must notify Inktale immediately of any breach of security or unauthorized use of its account. Although Inktale will not be liable for the User’s losses caused by any unauthorized use of its account, User may be liable for the losses of Inktale or others due to such unauthorized use.

Inktale may change, suspend or discontinue the Services, Products, fees, charges, terms at any time, including the availability of any feature, or content. Inktale may also impose limits on certain features and Services or restrict User's access to parts or all of the Services without notice or liability. The User certifies to Inktale that if User is an individual (i.e., not a corporation) the User is at least 18 years of age. The User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.

2. MODIFICATIONS

Inktale reserves the right, at its discretion, to modify this Agreement, fees, charges, terms at any time. The User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by the User following such notification constitutes the User's acceptance of the terms and conditions of changes as modified.

3. CONTENT AND COPYRIGHT POLICY

If you submit, post, upload, display, or sell all information, images, pictures, data, text, photographs, graphics, messages, or other materials ("Content") via the Site, you grant Inktale a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license (and sub-licensable) to use and archive the Content in accordance with or as reasonably contemplated by this Agreement.

When you post, submit, or upload Content on the Site you represent and warrant that you:

  1. own all copyright in the Content, or if you are not the owner, that you have permission to use the Content, and that you have the right to display, reproduce and sell the Content as Inktale products. You license Inktale to use and sub-license the Content in accordance with this Agreement;
  2. and your Content do not and will not infringe upon the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or right of privacy.
  3. will not use any Content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, libelous, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property. Inktale reserves the right to review, and if necessary remove, any Content from the Site or to cancel your account at its sole discretion, either because that Content breaches this Agreement or any applicable laws, or otherwise.

This means that you, and not Inktale, are entirely responsible for all Content that you upload for sale as Products, post, email, transmit or otherwise make available via the Services. If you believe that Content or other material residing on or accessible through the Inktale Service infringes your copyright, please send a notice of claimed copyright infringement to us.

Inktale does not and will not own the copyrights and other intellectual property rights of your Content.

4. RESPONSIBILITY OF SITE MEMBERS AND VISITORS

Violation of any of this Agreement or other rules will result in the termination of your Inktale account. Inktale and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, Inktale and its designees shall have the right to remove any Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Inktale or submitted to Inktale, including without limitation information in Inktale collaborations, posts and in all other parts of the Inktale Services.

Without limiting other remedies, we may limit, suspend or terminate our Service and User accounts, prohibit access to our Site, delay or remove hosted Content, withhold and keep Member’s earning and take technical and legal steps to keep Users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time.

The User is responsible for providing Inktale with accurate information (including but not limited to its retail price). If the User has provided Inktale with inaccurate or false information, (a) the User shall be liable to Inktale for damages and losses (including but not limited to Sales Tax) arising out of such inaccurate or false information and (b) the User shall reimburse such damages and losses (including but not limited to Sales Tax) to Inktale, and (c) Inktale shall have the right to charge the Client for such damages and losses (including but not limited to Sales Tax).

5. PAYMENTS AND FEES

Inktale may save Member's credit or debit card information and use it for all future shipments and charges, which will automatically be charged to the saved card, unless the Member notifies Inktale through the Site. When you order a Product, or use a Service that has a fee, you will be charged then current fees, which we may change from time to time. We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site. During promotional events, if a discount is applied to a Product, we may choose to temporarily change the profit margin the Member receives from the sale of the Product.

By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder's express permission to utilise the card to effect payment.

We may refuse to process a transaction for any reason or refuse Service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.

Unless otherwise stated, all fees and payments are quoted in U.S. Dollars. The User is responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you will receive an e-mail from us confirming the details, description and price for the Products ordered together with some information on your rights to return your goods. Payment of the total price plus delivery must be made in full before dispatch of your Products.

6. SALE OF PRODUCTS

Each Product you sell via the Site has its:

(a) “base price” (“you buy at”) that will be withheld by Inktale. Base price includes manufacturing fee, fee for hosting the marketplace and facilitating the transaction;

(b) “minimum sales price” and “maximum sales price” (“you sell at”) that is the retail price charged to Customers who purchase your Product. When making the Product available for sale you are able to select your own retail price, greater than or equal to 0, above the base price but below the maximum sales price;

(c) “margin” (“your profit”) is the margin between the retail price and the base price. You may change the margin on top of the base amount at any time by changing your selection on the Site.

We may change the base price at any time without specific notice to you. Shipping charges will be added to the retail price. You authorize us to collect, hold and distribute the retail price from Customers. We will also charge the Customer for shipping which will be retained by us and not affect the amount to be distributed to you. You authorize us to deduct the base price from the retail price for your Products before distributing your margin (your margin will include tax where applicable).

7. EARNINGS

If you sell Content through the Site, Inktale will pay accrued earnings in accordance with this section. Inktale maintains a statement of your earnings and you may check your statement in your account. We will pay you (a) after your request is received and (b) as soon as you have reached the payment threshold of 25 USD (minimum withdrawal amount). The payment threshold is subject to change at any time or from time to time, in our sole discretion. Earnings will be paid only via PayPal and you are responsible for all transaction fees, applicable taxes and other related costs, fees and charges. We will process your withdrawal request within 3-5 business days. You have an ability to purchase your own designed Products at base price and pay for them from your accrued earnings. We will hold your earnings until December 31st of each year and your earnings will be paid out to you automatically to your PayPal account. If you have provided to us invalid or incomplete PayPal account address, we may hold your earnings up to 6 extra months and you authorize us to keep your earnings we hold over 6 extra months.

In the event that Customer’s order is cancelled, returned or refunded for any reason, we will deduct the relevant amount from your accrued earnings. If you have no accrued earnings, we may send you a bill for the fee, which bill must be paid upon receipt. For the avoidance of doubt, all tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility. We will withhold taxes from payments that are due if you do not provide us with relevant documentation such as the W9 or W8-BEN form.

The Member that sells the Products through the Site certifies that he/she: a) is not controlled, supervised, instructed by Inktale and is free from work rules and discipline; b) is free to set his/her own work schedule; c) pays his/her own business expenses, can hire assistants and provide his/her own office and all associated services, including computer, printing, telephone; e) will be reimbursed only for work done; f) is allowed to have other clients.

8. LOCAL TAXES

User is responsible for all sales taxes (as applicable).

9. SHIPPING AND RETURNS

Once you have clicked on the "confirm" button, it is not possible edit or cancel your order. If you want to change some parameters, Customer addresses, etc., please contact us as soon as possible. We are not bound to make such modifications in your order, but we will do our best on a case-by-case basis. Replacement of Products and credits to the Member's account for Products claimed as damaged or not received are subject to Inktale investigation and discretion.

The risk of loss and title for such items pass to the User upon our delivery to the carrier. It is the Customer's responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case Inktale will not make any refunds and will not resend the Product.

Inktale will review replacement/return requests, if there will be missing or broken Product, or a print error if it is Inktale fault. Inktale is not responsible for incorrectly provided Customer names, addresses, etc, therefore the extra payment will be applied.

10. DESCRIPTION OF PRODUCTS

Whilst many component parts of our Products are standard, all Products available for purchase are described on their specific design page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.

We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging and any Service associated at any time, without prior notice. Before ordering, we thus invite you to have a close look at the Product description and design.

We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colours and details in website images are 100% accurate representations of the Product, and sizes might in some cases be approximate.

11. PURCHASE OF PRODUCTS

Your order represents an offer to us to purchase a Product which is accepted by us once we have sent you an e-mail order confirmation. Any Products on the same order which we have not confirmed in a order confirmation e-mail do not form part of that contract.

Inktale shall under no circumstances be held liable for any special losses due to specific circumstances of the User, Member and/or Customer, indirect or consequential losses or wasted expenditure.

Orders are placed and received exclusively via the Site. Before ordering from us, it is the User's responsibility to check and determine full ability to receive the Products. Correct Customer’s address and post code/zip code, User’s up-to-date telephone number and e-mail address are absolutely necessary to ensure successful delivery of Products.

All information asked on the checkout page must be filled in precisely and accurately. Inktale will not be responsible for missed delivery because of a wrong delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, notify change in a phone number or any other special requirements, please contact Inktale.

12. DELIVERY

We deliver to Users/Customers to most places in the world. User is responsible for delivery prices. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Standard delivery charges may be shown on our checkout page; however we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.

Some sort of Products are packaged and shipped separately. We can not guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Standard delivery times are shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make delivery of Product as simple as possible.

Ownership of the Products will only pass to you/Customer when we receive full payment of all sums due in respect of the Products, including delivery charges.

13. RELEASE

You release us (and our 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. You agree that Inktale has no control over and does not guarantee the delivery of the advertised collaborations and that Inktale shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.

14. TRADE MARKS

If you use any of our trade marks in reference to our Products or Services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks in or as the whole or part of your own trade marks; in connection with activities, Products or Services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, Products or Services (including the Site).

15. INDEMNITY

You will indemnify and hold Inktale (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

16. LAW AND JURISDICTION

If a dispute arises between you and Inktale, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) must be resolved by a court located in the State of California, USA. Any dispute or claim arising out of or in connection with Agreement or its formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the State of California.

17. GENERAL

No agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship, etc. is intended or created by this Agreement.

You acknowledge that you have all necessary permits to grant us with personal data to fulfill this Agreement.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. In our sole discretion, we reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.