1. YOUR ACCEPTANCE
2. ADDITIONAL POLICIES
3. GRANT OF RIGHTS
4. YOUR ACCOUNT AND ACCOUNT ACTIVITY
You are solely responsible for the activity that occurs on Your account, including the activities of others and regardless of whether such activities are authorized, and you are responsible for keeping Your account password secure. You may change Your password at any time. You agree to immediately notify SapienCreations.com if You suspect or know of any unauthorized use of Your password or account or any other breach of security. SapienCreations.com cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4.
5. USE OF YOUR ACCOUNT INFORMATION
6. LINKED WEBSITES
The Website may contain links to third party websites that are not owned or controlled by SapienCreations.com (“Linked Websites”). Those links are provided for convenience only and may not remain current or be maintained. SapienCreations.com does not screen Linked Websites and has no control over, and assumes no responsibility for, the content, quality, suitability, functionality, legality, privacy policies, or practices of any Linked Websites. You acknowledge and agree that SapienCreations.com is not responsible for the content or privacy practices associated with Linked Websites and it is your responsibility to review those policies before accessing those sites. If you access a Linked Website, you do so at your own risk. By using the Website, You specifically release SapienCreations.com from any and all liability arising from Your access or use of any Linked Website, Your correspondence or dealings with other users, advertisers, partners, or other third parties found on or through the Linked Websites, and/or Your participation in promotions, sweepstakes, campaigns, or any other venture hosted, endorsed, or sponsored by other users, advertisers, partners, or other third-party parties outside the Website.
7. USER SUBMISSIONS
The interactive nature of postings on the Website makes it impossible for SapienCreations.com to assume responsibility for any of the information, material, or content posted by users.
The ideas, suggestions, opinions, comments, chat, text, messages, and observations made by users of the Website (“Commentary”), the photographs, artwork, sketches, videos, designs, and images (“Designs”) and any other files, material or information provided to the Website by users (all of which are referred to as “User Submissions”) are not endorsed by SapienCreations.com, and we make no guarantee regarding the reliability, accuracy, nature, origin, or quality of any User Submission that is posted on the Website. You acknowledge that You will evaluate and bear any risks related to Your User Submission, or Your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission, and Your sole recourse for any damage You may suffer as a result of any User Submission, or any portion thereof, shall be to such individual, and not SapienCreations.com.
By posting a User Submission to the Website, You represent that: (i) You are the owner of the User Submission; or (ii) you have the right and license to use the User Submission; or (iii) the User Submission is in the public domain; or (iv) to Your knowledge, no one else claims ownership of, or exclusive rights to, the User Submission; and (v) You have the legal right to grant a license to SapienCreations.com to use the User Submission.
You hereby grant SapienCreations.com a worldwide, non-exclusive, revocable, royalty-free, sub-licenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submission (and derivative works thereof) in any media now known or hereafter developed.
If You choose to post a User Submission on the Website, we require that You adhere to generally accepted rules of etiquette and standards of behavior. You understand that SapienCreations.com does not guarantee any confidentiality with respect to any User Submission.
SapienCreations.com expressly disclaims any and all liability in connection with User Submissions. SapienCreations.com reserves the right to remove any User Submission in its sole discretion and without prior notice.
8. LICENSE AND USE OF DESIGNS
SapienCreations.com’s services empower Artists to earn money from their Designs by providing a platform for sale - without compromising control of their rights. Sapien Creations affirms that You retain all of Your ownership rights, including all copyright and other intellectual property rights, in the Designs you submit to the Website. The exception to this is Designs submitted to the Website in a themed design challenge in which case the third party sponsor of the challenge may require ownership of all Designs submitted in that challenge. Please refer to the rules applicable to any design challenge you enter.
By uploading Designs to the Website, You grant SapienCreations.com the license above in Paragraph 7, and further agree that SapienCreations.com may: (i) display your Designs on the Website and in magazines, television shows, movies, on the Internet, and other media; (ii) sell Your Designs; and (iii) make modifications to your Designs as necessary to prepare your Designs for use in a particular product category or for other manufacturing purposes. In addition, you represent that SapienCreations.com may legally make and sell merchandise incorporating Your Designs without being obligated to make any payments to, or obtain any permission from, any third party.
You may delete your Designs from the Website 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 Website. Upon the removal of Designs by You, or by Sapien Creations (by emailing support@SapienCreations.com), the licenses above will terminate, except that, to the extent any Designs has been incorporated into merchandise purchased and/or manufactured by SapienCreations.com prior to Your removal, SapienCreations.com may sell-through all such merchandise until it is depleted. The terms regarding payment to Artists apply to such sales. SapienCreations.com may also continue to use your Designs in marketing and promotional materials if such materials were created prior to Your removal of the Designs from the Website.
9. IMPROPER USE OF WEBSITE
You may not, in connection with the Website:
- Upload, post, email or otherwise transmit any material that is libelous, invasive of another’s privacy, defamatory, pornographic, sexually explicit, unlawful or plagiarized;
- Upload, post, email or otherwise transmit any material that infringes or violates any patent, copyright, trademark, trade secret or other proprietary rights of any person;
- Upload, post, email or otherwise transmit any material that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, or racially or ethnically offensive;
- Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation;
- Upload, post, email, or otherwise transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality or any computer software or hardware or telecommunications equipment;
- Circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or any content on the Website;
- Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity;
- Intentionally or unintentionally violate or encourage others to violate any applicable law, statute, ordinance or regulation;
- Provide false or deceptive information;
- Solicit personal information from anyone under 18;
- Breach a duty of confidentiality by which You are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Delete, add or otherwise change other people’s User Submissions;
- Remove or alter any copyright or other proprietary notices on or in connection with any content on the Website.
- Use or launch any automated system or technological devices or programs that access the Website in a manner that sends more request messages to the SapienCreations.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; and
- Access, monitor or copy any content or information from the Website using any robot, spider, scraper or other automated means or any manual process for any purpose. Notwithstanding the foregoing, SapienCreations.com grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. SapienCreations.com reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
10. COMMUNITY GUIDELINES
To make sure that the community spaces on SapienCreations.com, including, but not limited to any message boards, discussion groups, comments, and forums (“Community Spaces”) are safe and respectful, the following policies apply to all Community Spaces:
- Respect other Users’ privacy. Private or personally identifying information should not be shared in Community Spaces or other public areas of the Website.
- Community Spaces may not be used to publicly disparage anyone, any User Submission, or any Artist.
- Community Spaces may not be used to harass other users.
- You may not publish or post threats of violence, or promote or encourage others to engage in violence or illegal activity.
- Report abusive content to support@SapienCreations.com if you see it.
You agree not to collect or use anyone else’s personally identifiable information (“Personal Information”) including, without limitation, individual names, account names, email addresses, or other user-identifying information from the Website.
12. MODIFICATIONS TO THE WEBSITE
SapienCreations.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof), with or without notice, and to block You or anyone else from the Website, at any time in its sole discretion, provided, however, that SapienCreations.com has no obligation to update, store, maintain or correct any information on the Website. SapienCreations.com shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website.
SapienCreations.com may, in its sole discretion and without prior notice, immediately suspend, disable, or terminate Your account, with or without cause.
Termination of Your account may include: (i) removal of access to the Website; (ii) deletion of Your password and all related information, files and materials, including any User Submission associated with You; and (iii) barring further use of the Website. Further, You agree that SapienCreations.com shall not be liable to You or any third party for any termination of Your account or access to the Website.
SapienCreations.com shall have no liability to you for any damages, loss of profits or other claims arising from the termination or suspension of your access to the Website and/or Your account.
14. WARRANTY DISCLAIMER
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL SapienCreations.com, OR ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF SapienCreations.com, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, USER SUBMISSION, OR OTHER MATERIAL POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT SapienCreations.com SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by SapienCreations.com.com from its facilities in the Australian state of Victoria. SapienCreations.com.com makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
18. SPECIAL PROVISIONS FOR USERS LOCATED OUTSIDE OF AUSTRALIA
SapienCreations.com.com is a global community. Our operations are, however, located in Victoria, and our policies and procedures are based on laws of the Australian state of Victoria. As such, the following provisions apply specifically to users of the Website that are located outside of Australia: (i) You consent to the transfer, storage, and processing of your information, including but not limited to any personal information, to and in Australia and/or other countries; and (ii) if you are using the Website from a country sanctioned or embargoed by Australia, you agree that you will not engage in financial transactions, or conduct any commercial activities using or through the Website.
20. INTELLECTUAL PROPERTY OWNED BY SAPIENCREATIONS.COM AND ITS LICENSORS
The Website is owned by Sapien Creations Pte Ltd. The Website and its original content, features, and functionality are protected by Australian and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws. The Website displays trademarks owned by Sapien Creations Pte Ltd, including but not limited to Sapien Creations, and trademarks, copyrights, and other intellectual property owned by Website users, artists, and other third party licensors (collectively, “Licensors”). No portion of the Website may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of SapienCreations.com, or as otherwise agreed to in writing by the appropriate Licensor.
21. CONTESTS, DESIGN CHALLENGES, PROMOTIONS
22. LAW AND FORUM FOR DISPUTES
If You have a dispute with one or more Website users, You release SapienCreations.com (and SapienCreations.com's officers, directors, agents, subsidiaries, joint ventures and employees) from any 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 dispute.
24. GENERAL, AMENDMENTS
RULES FOR BUYERS
1. PRICING, SHIPPING, AND TERMS OF SALE
Prices for all merchandise on the Website are in United States dollars. Prices and products may change at SapienCreations.com's discretion. SapienCreations.com may offer promotional discounts from time-to-time. You must agree to the terms of the discount in order to be given the discount. You agree not to use more than one discount per item, unless such use is expressly permitted by SapienCreations.com. Title and risk of loss for all products ordered by you shall pass to you upon SapienCreations.com's shipment to the shipping carrier. SapienCreations.com reserves the right to cancel any order for any product for any reason, including orders that may violate the intellectual property rights of a third party, and will notify the purchaser that the order has been cancelled.
2. PRODUCT DESCRIPTIONS
SapienCreations.com attempts to be as accurate as possible to provide a compelling user experience. However, SapienCreations.com does not warrant that product descriptions or other content of the Website are accurate, complete, reliable, current, or error-free. If a product offered by SapienCreations.com is not as described, your sole remedy is to return it pursuant to SapienCreations.com's Return and Refund Policy here.
3. RETURN POLICY
Please review SapienCreations.com's Return and Refund Policy here.
4. FUNDED DESIGNS
You may sometimes have the opportunity to fund merchandise on the Website (a “Funded Design”). A funder is a person who funds particular merchandise by indicating a desire to purchase the merchandise and providing SapienCreations.com with his/her credit card information. SapienCreations.com thereby reserves authorized credit card charges from the Funder(s) before deciding to print and sell that merchandise. Such authorized credit card charges can be cancelled at your request. The Funded Design will have the opportunity to gain funding for up to thirty (30) days, directly corresponding with the up to thirty (30) day voting period for the design, via the Website. If, during this voting period, the design reaches its funding threshold, as determined solely by SapienCreations.com, and is successfully "funded," it may be sold. You will only be charged for an item once a Funded Design reaches its funding threshold.
1. SELLER SET UP
2. REMOVAL OF DESIGNS
You may delete Your Designs from SapienCreations.com at any time, but due to caching or other issues, it may take a number of days for deletions or closures to take effect. To the extent any of the Designs displayed in SapienCreations.com has been incorporated into merchandise purchased and/or manufactured by SapienCreations.com prior to the deletion of Your Designs, SapienCreations.com may sell-through all such merchandise until it is depleted. SapienCreations.com may also continue to use your Designs in marketing and promotional materials if such materials were created prior to Your removal of the Designs from the Website.
3. TAGS, PRODUCT DESCRIPTIONS, AND LABELING AND DESCRIBING YOUR DESIGNS AND PRODUCTS
By providing high-quality, accurate information, You help Users find Your products quickly and easily.
At the time You post products on SapienCreations.com, You will be asked to provide information (title, description, tags, categories) about Your products and Designs so that visitors to SapienCreations.com can search and find relevant products.
You agree to use the Website in a manner that demonstrates common sense and respect for the rights of SapienCreations.com, other artists, Website users, and third parties and in accordance with applicable laws and regulations. Here are some of the basic rules for labeling the products in Your Design:
- Only use accurate and relevant terms that describe the specific products in Your Design
- You may not intentionally misspell Your product names (unless such misspelling is part of the Designs).
- You may use a short descriptive phrase as a tag if it accurately describes Your product.
- You may not stuff multiple words into a single tag that do not comprise a descriptive phrase.
- You should only state what the item is, not what the Product may become or potential uses for the Product.
- You may not use words that are derogatory.
- You may not use malicious tags or descriptions.
- You may not use trademarks you do not own to refer to your Designs or products.
You may report problems, offensive content, and policy violations in Designs to us at support@SapienCreations.com.
SapienCreations.com may take the following actions to enforce the terms of this Seller Policy:
- Send a notification informing You of any offending action, behavior, tag, spam or description, and request that You take corrective action immediately.
- Make Your product(s) unavailable.
- In the case of certain repeat offenders, SapienCreations.com will, in its sole discretion, withhold payment and/or shut down a campaign.
5. PAYMENTS, TIMING OF PAYMENTS, AND INELIGIBLE SALES
Please refer to the FAQs.
6. ORDERS AND CONTACT INFORMATION
POLICY CONCERNING PAYMENTS TO ARTISTS
By submitting Designs to the Website, You authorize SapienCreations.com to display the Designs, and to manufacture, sell and distribute products displaying your Designs. You also authorize SapienCreations.com to collect and hold the retail price (“Retail Price”) of all products displaying your Designs that are purchased via the Website.
The Retail Price charged to customers who purchase products featuring Designs includes the (i) production fees, (ii) SapienCreations.com’s fee for operating the marketplace and facilitating the transaction (the production fees and SapienCreations.com’s fee are referred to collectively, and inclusive of tax, as the “Base Price”), (iii) Your compensation (the “Artist Compensation”), (iv) any relevant tax (such as Sales Tax, GST, VAT, etc), (v) a portion of shipping charges and (vi) any promotions or discounts.
You authorize SapienCreations.com to deduct both (i) the Base Fee and (ii) any promotions or discounts before distributing the remainder (i.e., the Artist Compensation and tax where relevant), to You.
From time to time, SapienCreations.com may include the Designs in miscellaneous marketing material such as, without limitation, calendars or books that promote the Sapien Creations brand or community, and You will not be owed or paid any royalties or payments for such use.
Timing and Method of Payment for Artists. Payments will be made monthly, on the 15th day of the following month, via PayPal. For example, payment to Artists for sales in January 2020, will be paid by 15th of February 2020. You are required to provide SapienCreations.com with Your PayPal account information. You will be charged a processing fee per transaction made to You by SapienCreations.com. You alone are responsible for the payment of any tax that arises as a result of receiving any payment from SapienCreations.com, its subsidiaries, related companies, partners or licensors.
The Base Fees Applicable to Artists via the Website. Artists have the freedom to set their own Markup Percentage at or above the provided Base Fees. As such, Sapien Creations can only guarantee that Artist Compensation will not be less than $0.00 (zero cents).
SAPIEN CREATIONS COPYRIGHT INFRINGEMENT AND DMCA POLICY
SapienCreations.com respects the intellectual property of others, and we require users of the Website to do the same. Thus, in Your use of and interactions with SapienCreations.com and the Website, You may not post, upload, display, submit, modify, distribute, or reproduce in any way any User Submission that is or contains copyrighted material belonging to others, without obtaining their prior written consent. SapienCreations.com reserves the right, in its discretion, to remove any User Submission if it believes that it may infringe the copyright of any third party, and/or to terminate the accounts of users believed to be infringers.
DMCA Takedown Notification and Counter-Notice Procedure
Take-Down Notice. If You are a copyright owner or an agent thereof and believe that any material on SapienCreations.com infringes Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent with the following information in writing:
- A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- Identification of the copyrighted work (or works) claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit SapienCreations.com to locate the material (providing URLs in the content of an email is the best way to help us locate content quickly).
- Information reasonably sufficient to permit SapienCreations.com to contact You, including Your address, telephone number, and e-mail address at which You may be contacted.
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by You, or Your agent, or the law;
- A statement made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or are authorized to act on the copyright owner’s behalf.
See 17 U.S.C 512(c)(3) for further information.
Our Designated Agent to receive notification of claimed infringement under the DMCA is:
Sapien Creations Copyright Infringement & Data Protection Officer
You acknowledge that if You fail to comply with all of the requirements above, Your DMCA notice may not be valid and not be acknowledged by SapienCreations.com.
SapienCreations.com will process and investigate valid notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws.
Upon receipt of notices complying with the DMCA, SapienCreations.com will act expeditiously to remove or disable access to any material claimed to be infringed or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to his/her material.
Counter-Notice. If You believe that Your User Submission that was removed (or to which access was disabled) is not infringing, or that You have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post, display, or use the User Submission, You may send a counter-notice to SapienCreations.com’s Designated Agent, which must contain the following information in writing:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- Your name, address, and telephone number; and
- A statement that You consent to the jurisdiction of district court in the judicial district in which Your address is located, or if Your address is outside of Australia, for any judicial district in which You may be found and that You will accept service of process from the person who provided the initial notification of alleged infringement.
SapienCreations.com will provide a proper and valid counter-notice to the alleged copyright owner for review and consideration.