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 of Inktale's benefits, you may register your account and become a member ("Member"). Membership requires that you register on the Site (including by filling out all required personal information). You may opt out of marketing and promotional emails. You may cancel your membership at any time by canceling online on the Site. To complete registration, you shall provide an email address and a password. You may never use another user's Inktale account without permission from that user. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Inktale immediately of any breach of security or unauthorized use of your account. Although Inktale will not be liable for your losses caused by any unauthorized use of your account, you 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 the User's access to parts or all of the Services without notice or liability. You certify to Inktale that if you are an individual (i.e., not a corporation) and you are at least 18 years of age. You also certify that you are legally permitted to use the Service, and take 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.
Inktale reserves the right, at its discretion, to modify this Agreement, fees, charges, and terms at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notification constitutes your acceptance of the terms and conditions of changes as modified. If you do not agree to the modified terms, you may send Inktale a written notification, including via email, and your Inktale account will be deleted.
All content (information, images, pictures, data, text, photographs, graphics, messages, or other materials), hereinafter "Content", that you post, submit, upload, display, sell or use, hereinafter "post", using our Services is your content. We don’t make any claim(s) to it. That includes anything you post using our Services (like your Content, images, shop name, your customer reviews, comments, videos, usernames, etc.).
- Responsibility for the Content. You understand that you are solely responsible for the Content that you post on or through the Service. You represent that you have all necessary rights to the Content and that you’re not infringing or violating any third party’s rights by posting it or using it on your Products sold by Inktale.
- Permission to Use the Content. By using our services Inktale agrees that your content will remain yours. This means that we will never use your Content without your expressed permission.
- Rights You Grant Inktale. By approving the posting your Content, you grant Inktale a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content to provide the Services and to promote Inktale and/or your Inktale store, or the Services in general, in any formats and through any channels, including across any Inktale services, third-party website, advertising medium and/or social media.
- Reporting Unauthorized Content. Inktale respects intellectual property rights and follows intellectual property laws. We are committed to following appropriate legal procedures to remove infringing content from the Service(s).
- Intellectual Property. Inktale respects your work and empowers you to express your voice and ideas. We ask that you respect the work and creative rights of others. You need to either own the Content you post to Inktale, or have the express authority to post it. Content must comply with right of publicity, trademark and copyright laws, and all other applicable state and federal laws.
Trademarks and Infringement of Intellectual Property. In events where we receive proper notice of intellectual property infringement, Inktale strives to respond quickly by removing, blocking, or disabling access to the allegedly infringing material. When Inktale removes, blocks or disables access in response to a notice, Inktale makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of confirmed copyright infringement, provide information about counter notification.
- Counter DMCA Notifications: If Inktale receives a DMCA counter notification, the removed material may be replaced or access to it may be restored 10 business days after receipt of the counter notice, unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs Inktale of this action. Inktale sends a copy of the counter notice to the original complaining party.
- Repeat Infringement: Inktale terminates account privileges of Members that are subject to repeat notices of intellectual property infringement in appropriate circumstances and at Inktale's discretion.
Copyright Responsibility. You agree and attest by accepting this Agreement and using our Services that you own all rights (including copyrights) for the Content you post, or if you are not the owner, that you have express authority and written permission to use the Content, and that you have all of the rights required to post the Content.
- If Content that you own and have rights to has been posted to the Services without your permission and you want it removed, please contact our customer service department directly for further escalation and review.
- If your Content infringes another person’s intellectual property, we will block it at our discretion.
- Inappropriate, False, or Misleading Content. There are certain types of Content we don’t want submitted to our Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, illegal or otherwise offensive or in violation of any part of this Agreement. You also agree not to post any Content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
4. USE OF SERVICES
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, platforms, and integrations subject to this Agreement and the following restrictions in particular:
- Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you or Inktale. For example, it’s your responsibility to obtain any permits or licenses that your store may require; you must not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Inktale, another Inktale user, or a third party.
- Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code into our platforms, third party services, or other programs or systems our clients may use to promote their Products. You agree that Inktale reserves the right to audit our platforms (systems) to ensure integrity and compliance with this Agreement, at the sole discretion of Inktale.
- Follow Brand Guidelines. The name “Inktale”, our iconography, phrases, logos, and designs that we use in connection with Services we provide are trademarks, service marks, or trade dress of Inktale in the US, European Union, and all other countries, that are used for proprietary purposes at our sole discretion.
- Share Your Ideas. Your suggestions and ideas can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Inktale (not including your Content or Products you sell through our Services) are considered non-confidential and nonproprietary to you. You grant us a non-exclusive, worldwide, royalty-free, non-irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you at any time.
- Communication Methods. Inktale will provide you with certain legal information in writing. By using our Services, you’re agreeing to our communication methods which describes how we provide that information to you. This simply means that we reserve the right to send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment).
- Digital Items. Digital items (like mockups, templates, images and other design assets) and their intellectual property rights belong exclusively to Inktale. Digital items and any results may only be used in connection with the advertising, promoting, offering and sale of Inktale's Products and may not be used for other purposes or in conjunction with products from other manufacturers.
5. WARRANTIES AND LIMITATION OF LIABILITY
- Content You Access. Customers may come across materials that they find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Inktale is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
Warranties. Inktale is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that:
- the Services will be secure or available at any particular time or location;
- any and all errors which are Inktale responsible will be corrected;
- the Services will always be free of viruses or other harmful materials; or
- the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
6. 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).
7. 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. If you have used another person's card without their permission, you are personally liable for, and shall reimburse damages resulting from, the unauthorized use of that card.
In case of an unfounded chargeback, you shall reimburse Inktale for its losses, which consist of fulfillment costs and chargeback handling fees ($15 USD per chargeback).
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.
8. 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).
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.
10. LOCAL TAXES
User is responsible for all sales taxes, VAT, and other taxes and duties associated with the Products (if and as applicable).
11. 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 only if (a) there is a missing or broken Product, or a print error if Inktale is at fault and (b) Inktale receives a complaint within 7 days from the day the Product was delivered or within 7 days after the estimated delivery date, if the Product is missing. Inktale is not responsible for incorrectly provided Customer names, addresses, etc, therefore the extra payment will be applied.
12. 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.
Sometimes during the manufacturing process Products can be damaged, obviously they won't be shipped out to Customers, however they can still be used for charitable purposes. Inktale reserves the right to donate all damaged items with full or partial designs to charity and you hereby waive your right to collect royalties or other fees regarding damaged Products that are donated.
13. 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.
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.
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.
16. 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).
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. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
18. 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.
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.