Terms of Service
Last Updated: December 13, 2020
Kindred Prints (“Kindred Prints” or “we” or “us” or “our”) has created a platform which brings artists and customers together. We provide a range of services, websites and mobile applications (collectively, the “Services”) which enable you to sell and purchase artwork and art-related products through the Services and receive the benefits of the Services. The platform enables artists to earn money from their artwork by making it available for sale to customers on a variety of products.
“You” means you individually, and if you are accepting these Terms on behalf of a company or other legal entity, that legal entity. You represent and warrant that you are at least 18 years of age and, if you are entering into these Terms on behalf of a company or other legal entity, you have the authority to bind that legal entity.
Artwork, Content and Third-Party Rights
Artwork and Content License
As between you and Kindred Prints, you own all and retain all rights in your artwork and content. You hereby grant us, third party affiliates, wholesale partners, and our third party retailers a worldwide, royalty-free, nonexclusive, assignable license, with right of sublicense, to use, publicly display and publicly perform, publish, reproduce, modify, and distribute your artwork and content in any format or medium now known or later developed for the purpose of promoting your artwork and content, producing and promoting products with your artwork and content, and providing the Services.
Contact us if you do not wish to have your artwork displayed and sold on products through our international websites, third party affiliates, wholesale partners, or third party retailers. If you remove your artwork, we, our affiliates, wholesale partners, and our third party retailers will have ninety (90) days to delete your artwork from the Services. We, our affiliates, wholesale partners, and third party retailers will have the right to sell any products bearing your artwork during such ninety (90) day period.
You, and not Kindred Prints, are entirely responsible for al your artwork and content that you make available and all products you offer for sale through the services, including without limitation, that you own or have obtained all required intellectual property and other rights in your artwork and content, including without limitation, the right to manufacture, distribute and sell products that include your artwork. You represent and warrant that:
- you own all intellectual property rights in your artwork and content or that you have obtained all copyrights, trademark rights, rights of publicity and other rights required for you to make your artwork and content available through the Services, to manufacture, distribute and sell products that include your artwork and to grant us the rights granted to it in these Terms;
- your artwork and content and the manufacture, distribution and sale of products that include your artwork 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 artwork and content do 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 artwork and content are accurate, not misleading or deceptive and do not offer or disseminate fraudulent or counterfeit goods, products, services, schemes, or promotions.
You understand that the Services contain artwork and content submitted by artists that may be in the form of designs, images, pictures, data, text, photographs, graphics, video, messages, or other materials submitted, posted, published, displayed, performed, or offered for sale through the Services.
We are not responsible for websites linked to or from the Services.
The Services may contain links to other websites that are not owned or controlled by us. Those links are provided for convenience only and may not remain current or be maintained. We do not screen linked websites and are not responsible for the content, security, operation, or use of any linked websites or the products or services that may be offered or obtained through them. Our links to other websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent we may explicitly stipulate to the contrary on the Services. Further, we are not responsible for the content or privacy practices associated with linked websites, and it is your responsibility to review those policies before accessing those websites. If you access linked websites, you do so at your own risk.
Copyright and Trademark Policy
You agree to abide by our Copyright and Trademark Policy, including the procedures to report infringements of copyrights, trademarks, or other intellectual property rights.
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 artwork for sale through the services.
It is our policy, in appropriate circumstances and in our sole discretion, to (i) remove individual artworks, tags, titles, or descriptions and; (ii) disable and/or terminate the accounts of artists who infringe the copyrights, trademarks, or other intellectual property rights of others. In addition to all other remedies available to us, we will not pay you any Artist Share if you are found to be in violation of our Copyright and Trademark Policy.
Buying and Selling Products
All products are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. Your placement of an order as a customer does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all the information required by us to complete your order.
Generally, use of the Services is limited to orders for your personal use. However, if you are interested in buying large quantities of products, please contact us.
If products or services are made available for purchase through the Services and you wish to purchase the products or services, you may be asked by us or our designee (or, if the products or services are being made available by a third party provider, by the third party provider) to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address and shipping information.
You represent and warrant that you have the legal right to use any credit card or other payment means used by you or through your account to purchase any product and/or service.
Shipping charges will be shown during the checkout process prior to finalising your order. Shipping charges include the rate we are charged by third parties for sending your order, plus a reasonable amount for packaging and handling. Title to products passes to you upon shipment. We endeavor to deliver all orders on-schedule. However, we cannot guarantee that our shipping providers or suppliers will not experience any shipping delays or problems.
Errors, Inaccuracies and Omissions
We strive to be as accurate as possible. However, we do not warrant that all product descriptions, images, photographs, pricing or other information on the Services are accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by us is not as described or pictured, your sole remedy is to return it in an unused condition for a refund in accordance with our Return, Exchange and Refund policies below. In the event of an error, whether on the Services, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct any error and revise your order accordingly, or to cancel the order and refund any amount charged.
If you receive an order that you believe contains a mistake, we encourage you to contact us right away so that we can correct the error.
Return, Exchange and Refund Policies
As much as we’d like to, we can’t always guarantee your happiness with a product. To address this, we have a return policy.
We pay artists for products sold with their original artwork—that’s basically the key point of our business. However, if you violate these Terms or any of our policies, and your account is suspended, you will not receive any pending payments.
For every product that is sold with your artwork printed on it, we will pay you (“Artist Commission”), based on the schedule set forth here.
For sales of products on kindredprints.com, you will be paid on a monthly basis, generally within thirty (30) days of the end of a month. For sales of products through our wholesale partners or third party retailers, you will be paid within forty five (45) days of the end of a month. Unless otherwise stated or agreed upon in writing, all amounts will be paid in South African Rand (ZAR).
In the event that your account is suspended or terminated due to your violation of these terms or our policies as determined by us in our reasonable discretion, you will not be eligible to receive any unpaid artist commission. In addition, we will have the right to require reimbursement of any artist commission paid to you while you were in breach of these terms or our policies.
If you believe that any Artist Commission has been erroneously withheld from you or that your account has been erroneously or unfairly suspended or terminated, please contact us so we may further investigate. If you are still unsatisfied or feel that you have not been treated fairly, please see the section below for Resolution of Disputes.
Registration and Account Information
In order for you to include your artwork on products sold through the Services, you must create a profile. When creating a profile, you must provide accurate, complete and updated registration and contact information. In addition, you must update your account information to keep it current and complete at all times. We may from time to time require you to provide additional information confirming your identity, including government identification, payment information, and tax identification and/or withholding forms. You may not create more than one (1) profile.
Disclosure of Account Information
You acknowledge and agree that we may access, retain and disclose your account information, artwork and content if required to do so by law or in a good faith belief that any access, retention or disclosure is reasonably necessary to: (a) enforce these Terms or the policies; (b) respond to your requests for customer service; (c) respond to a legal notice; (d) comply with legal process; or (e) protect the rights, property or personal safety of our company, our users or the public.
Termination of Account
- We may suspend or terminate your access to the Services if you are determined to be, in our sole discretion, in violation of these Terms or any of our policies. We may also suspend or terminate your access to all or any part of the Services or your account at any time, with or without cause, with or without notice, effective immediately.
- You may terminate these Terms at any time by terminating your use of the Services.
- On termination of these Terms for any reason, the rights and licenses granted to you hereunder will immediately terminate and the provisions of these Terms that by their nature and context are intended to survive termination will survive. We will 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 Services or your account.
Upon termination we will suspend your account and remove your artwork, if any, from the Services within sixty (60) days. Without limitation of the foregoing, we will have the right to retain copies of your account information, artwork and content in our archives for our internal business and legal purposes. Unless your account has been terminated for a breach of these Terms or any of our policies, as determined by us in our reasonable discretion, you will be paid, in the ordinary course, any Artist Commission owed to you through the termination of your account.
GRANT OF RIGHTS AND USER CONDUCT
Grant of Rights
As long as you comply with these Terms and our policies, we grant you a limited, non-exclusive, revocable, non-transferable license, without right of sublicense, to use the Services solely for their intended purpose.
You agree to abide by these Terms and our policies while using the Services and interacting with other users. Kindred Prints is founded on respect for others, and we take this extremely seriously. You agree that you will not, either directly or indirectly:
- Transfer your profile or account information to another party without our prior written consent;
- Create deceptive profiles or more than one (1) profile without our prior written approval;
- Use, reproduce, copy, modify, adapt, create derivative works from, publish, print, transmit, distribute, perform, display, sell, license, rebrand, or otherwise transfer: (a) any portion of the Services, artwork or content made available through the Services other than your own artwork or content, without the owner’s express written permission; or (b) any Kindred Prints copyrights or trademarks;
- Frame, mirror, or otherwise simulate the appearance or function of the Services or any other user’s artwork or content or forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any artwork or content transmitted through the Services;
- Decompile, disassemble or otherwise reverse engineer the Services or any portion thereof, or otherwise attempt to derive the source code or other trade secrets embodied in the Services;
- Interfere with another user’s artwork or content;
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Services or any artwork or content other than your own artwork or content;
- Upload, post, email, transmit or otherwise make available any artwork or content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or other proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Post artwork, content, titles, tags, or descriptions that infringe on a third party’s copyright, trademark, right of publicity, or other intellectual property rights.
- Impersonate any person or entity, including, but not limited to, our employees, representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Harvest or otherwise collect information about other users of the Services, including email addresses, without their express written consent;
- Upload, post, email, transmit or otherwise make available through the Services any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission;
- Distribute viruses or any other technologies that may harm us or the interests or property of our users, or upload, post, email, transmit or otherwise make available through the Services any material that contains adware, malware, spyware, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere or attempt to interfere with the proper working of the Services or any activities conducted through them;
- Bypass any measures we may use to prevent or restrict access to the Services; or
- Circumvent or manipulate our payment process or Artist Share.
RESOLUTION OF DISPUTES
Governing Law and Jurisdiction
These Terms will be governed by the laws of South Africa, without regard to conflict of law provisions.
It is our goal that the Services meet your expectations and provide excellent service. However, there may be instances when you feel that we have made a mistake or left you disappointed in some way. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your concern. Therefore, for any problem or dispute that you may have with us, you acknowledge and agree that you will, as an initial matter, email us at firstname.lastname@example.org to describe to us the nature of your complaint or dissatisfaction. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within thirty (30) days after our receipt of your written description of it, you agree to the further dispute resolution provisions below. To the extent permitted by applicable law, the informal resolution process described in this paragraph is a precondition to pursuing any other process, so please do not forget to contact us first.
Waivers and Disclaimers
To the fullest extent permitted by applicable law, you hereby waive any legal or equitable rights or remedies you have or may have against us with respect to any activities, artwork, content, actions, or inactions of any third party in connection with the services, including without limitation, any illegal, defamatory, offensive, or unauthorized conduct by any users.
The services are provided “as is”, “as available”, and with all faults. We cannot guarantee continuous or secure access to or that the services will be error-free or that all transactions will be completed. The operation of the services may be interfered with by numerous factors outside of our control. To the extent legally permitted, we disclaim all express and implied warranties, terms and conditions, including, but not limited to any implied warranties of merchantability, quality of information, quiet enjoyment, non-infringement, title, or fitness for a particular purpose. You assume all risks associated with your use of the services.
You acknowledge that any agreement you make with another party through the Services is strictly between you and that party and we are not a party to that agreement. If you have a dispute with another party, you hereby release us (and our affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, liabilities, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with that dispute.
Limitation of Liability
To the fullest extent permitted by applicable law, we are not and will not be liable for indirect, special, punitive, exemplary, consequential, or any other damages whatsoever, including, but not limited to, any loss of money or profits, goodwill, data, artwork, content or reputation, or any property damage or personal injury without regard to the form of action (including, but not limited to, contract, negligence, or other tortious actions) arising out of or in connection with your use of the services, even if we have been advised of the possibility of those damages. You waive any and all claims, now known or later discovered, that you may have against us arising out of your use of the services.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. In such jurisdictions, the scope and duration of our warranties and the extent of our liability will be the minimum permitted under such applicable law.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from and against any and all claims, demands, liabilities, damages, losses, fines, and expenses (including but not limited to, reasonable attorneys’ fees and other professional fees and costs of investigation) arising from or in any way related to: (a) your artwork, content or use of the Services, including without limitation, your sale of any products; (b) your (or anyone using your account’s) breach of these Terms or any of our policies; or (c) your violation of any law or the rights of any third party, including without limitation, any intellectual property rights or privacy rights. You may not settle any claim in any manner that binds us without our express prior written consent. We may withhold any amounts due to you pending the resolution of any claim subject to this indemnity and may apply those amounts to the resolution of that claim.
We reserve the right to monitor, modify or discontinue the Services, and to block, modify, publicly comment on, or delete any artwork, content or information submitted to the Services by any party, at any time without notice in our sole discretion; provided, however, that we have no obligation to update, store, maintain or correct any artwork, content or information on the Services.
We will be excused from performance under these Terms, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labour strikes, or (5) other causes beyond our reasonable control. In the event that we are temporarily unable to ship to you a purchased item because of such an event, we will give you the option of deferring shipment or receiving a refund of your charges.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck and the remaining provisions will be enforced. You may not assign or transfer your rights or obligations under these Terms. Any purported transfer or assignment in violation of the foregoing will be invalid. We may assign these Terms and our rights and obligations under them upon notice to you in accordance with the Notices provision. Headings are for reference purposes only and do not limit the scope or extent of any provision. Our failure or delay to exercise or enforce any right or provision of these Terms or any rights under applicable law will not constitute a waiver of any of those provisions or rights.
These Terms, set forth the entire understanding and agreement between you and us with respect to the subject matter these Terms.
HOW TO CONTACT US
If you have any questions or comments about these Terms or the Services, please contact us by email at email@example.com.