Creator License Agreement
Creator License Agreement
Effective June 06, 2022
The following terms of this Creator License Agreement ("Agreement") apply if you create Products with Printerval JSC.'s ("Printerval," "We," or "us") design tools and/or post Content to be displayed and/or offered for "distribution" (i.e., for use on digital or physical Products) on websites, mobile sites, via marketplace listings, and/or apps that are: (i) owned or operated by or for Printerval, or managed by a Printerval-owned account, or (ii) on Printerval-branded pages on which Products are displayed and posted for sale (collectively, "Site"). Users of the Site who upload Content for digital or physical Products are referred to as "Creators." Users of the Site who refer purchasers to the Site are referred to as "Associates."
By uploading Content to the Site and/or creating Content with Printerval's design tools, you grant the following licenses to Printerval: the nonexclusive, worldwide, transferable, sublicensable right to use, reproduce, publicly display, sell, and distribute the Content (a) in or on Products and (b) in advertising, marketing, samples, and promotional materials for the purpose of promoting the Site, your Content and Products. Without limitation, this promotion, marketing, or advertising may consist of: (i) display of your Content and/or Products; (ii) promotional "streams" of audio/video/photographic content, including but not limited to your Content, on the Website, (iii)Products or Content placement in magazines, television shows, movies, and other media; and (iv) the distribution of Content and Products available on the Site through third party product feeds and websites. You also grant us the license and the right to make modifications to your Content as necessary for viewing/download/sale on a particular Product, as applicable, or for other manufacturing or Site-related purposes. If you select the "customizable" option, you also agree that Printerval and Users may make changes to the Content for the purposes of creating and ordering Products: Such changes may include the addition of Content contributed by the User ("User Content") or Content “Posted for Use” by other Creators and offered in Printerval’s Design Tool(s) ("Secondary Content"). Composite designs and associated metadata that: (i) are published by Creators (i.e., not contributed by Printerval) using our “Post for Download” or “Post for Sale” workflows, and (ii) associated with a Product type (e.g., t-shirt, Facebook® banner, tote bag, etc.), are "Primary Content." Primary Content published by a Creator as “Post for Sale” will not be available as downloadable Content unless the Creator also chooses to publish that Primary Content as “Post for Download.”
You retain all copyright and other intellectual property rights in your Content. You may delete or hide your Primary Content and certain types of Secondary Content from the Site 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 Site. Upon the removal of Content, the licenses above will terminate, except that Printerval may continue to use or access your Content (i) to fulfill any orders placed prior to termination, (ii) in marketing and promotional materials if such materials were created prior to removal of the Content, and (iii) to defend against or respond to infringement claims.
Tags, Spam and Descriptions.
Printerval and its community work together for their mutual benefit to keep the Site and related programs working properly and in a secure manner.
At the time you post Content for distribution, you will be asked to provide information (title, description, tags and/or categories (collectively, "metadata") about your Content so that Users of the Site can search and find relevant Products. You will make best efforts to provide accurate, non-misleading, non-infringing information about your Content and you agree not to submit unrelated information in connection with your Content for any purpose. If Printerval determines that your information is misleading or inaccurate or that it violates the rights of a third party, Printerval may delete such information, delete your Content entirely, and/or terminate your Account, in its sole discretion.
There are several key pieces of information about your Content and Product that Printerval uses to help Users find what they are looking for, including but not limited to: titles, tags, attributes and categories. It's very important to accurately label your Content and Products. By providing high-quality, accurate information, you help Users find your Products quickly and easily. Inaccurate information can create a frustrating and unproductive shopping experience for everyone in the Marketplace.
You hereby agree not to engage in script writing or other unacceptable backdoor computing practices in an effort to post multiple Products for distribution. Printerval also reserves the right to remove from the Site Products that are functionally similar to Products offered in the Printerval Templates store (https://www.Printerval.com/store/Printerval_templates), including but not limited to (i) Content with text and/or imagery featuring "Your Design Here," "Your Image Here," or the like, and (ii) Products that employ titles and descriptions that either closely simulate or can be misrepresented as a Product offered in the Printerval Templates Store.
By using the Site, you agree to use the Site and conduct your business in a manner that demonstrates common sense and respect for the rights of Printerval, other Creators, Users and third parties, and in accordance with applicable laws and regulations.
Please report problems, offensive Content, and policy violations to us at [email protected].
What is prohibited?
Here are some of the basic rules for labeling your Content and Products:
● Only use accurate and relevant terms that describe the specific Content or Product in your listing.
● You may not set the maturity rating of your Content or Products inaccurately. In other words, if your Content or Product is only appropriate for mature/adult audiences, you must rate it "Rated-R". If it is not appropriate for children, you must rate it "Rated-PG-13". If your Content or Product is appropriate for everyone, please rate it "Rated-G".
● For Content or Products with descriptions that include minimum age requirements, you may only publish Content that is consistent with such requirements.
● You may use relevant synonyms.
● You must not label Content or Product with related, but inaccurate words.
● You may not intentionally misspell your Content or Products (unless such misspelling is part of the Content).
● You may use a short descriptive phrase as a tag if it accurately describes your Content.
● You may not stuff multiple words into a single tag that do not comprise a descriptive phrase.
● You should only state what the Product 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 copyrighted or trademarked material, unless you are the IP holder.
● Tags or attributes that are duplicates are not allowed.
If you are uncertain as to whether a tag/description falls into one of the categories listed above, contact Printerval by email at: [email protected] or by telephone at: +1 586 325 6268
If you do not follow the rules set forth above, Printerval may:
● Delete the Content or Product(s);
● Suspend your account with Printerval;
● Withhold any Earnings for Content or Products that contain inappropriate or inaccurate descriptive information; and/or
● Terminate your Account (you hereby agree to forfeit any Earnings if Printerval, in its sole discretion, finds it necessary to terminate your Account for violation of the rules in the User Agreement, this Agreement and/or any of the Policies).
How does Printerval enforce these rules?
Printerval may take the following actions to enforce the terms of this Agreement:
● Send a notification informing you of the offending action, behavior, tag, spam or description and request that you take corrective action immediately;
● Make your Content or Product(s) unavailable;
● Delete your Content or Product(s);
● In the case of certain repeat offenders, we will, in our sole discretion, withhold payment of your Earnings; and/or
● In the case of certain repeat offenders, we will suspend and/or terminate your Account.
Additionally, we reserve the right at any time to remove, limit, suspend, terminate our service and User accounts, prohibit access to the Site and any related content, services and tools, delay or remove Content and Products from the Site and discontinue our relationship with any Creators who we determine in our sole discretion are in violation of the above-listed guidelines, including but not limited to tags that infringe the intellectual property rights of third parties, or are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable. Any Account posting or hosting objectionable Content or recommending objectionable websites are subject to termination. Also, we reserve the right to remove Content that we determine in our sole discretion is primarily intended to promote a product or service.
Printerval determines the price at which Products are offered on the Site and affiliated sites.
For Payment Terms, please see the Printerval User Agreement.
Printerval will not pay you Earnings for sales of any Products that incorporate Content that violates this Agreement, the Printerval User Agreement or any of your representations below. For example, if Printerval discovers that your Content infringes someone else's copyright or that you do not have the right to use the Content, Printerval reserves the right to reverse all Earnings for such Content, whether due or already paid.
Marketing and Promotions.
Printerval may market, promote, distribute and sell Products on the Site, on other websites, and/or through distributors and wholesale or retail channels. Printerval may run promotions (including volume discounts and special sales discounts). Printerval is responsible for the cost of promoting the offer and producing and fulfilling the orders, and you acknowledge that your Royalty will be based on the amount of revenue Printerval actually receives for the sale of Products.
You represent that:
● You are the owner of the Content or that the Content is in the public domain;
● You have the legal right grant this license to Printerval and to enter into this Agreement;
● To your knowledge, no one else claims ownership of, or exclusive rights to, the Content;
● The Content does not infringe the privacy, celebrity, moral or other rights of any third party;
● The Content does not contain any defamatory, obscene or discriminatory content or any illegal material; and
● Printerval may legally make and sell Products incorporating the Content without infringing the rights of any third party and without being obligated to make any payments to, or obtain any permission from, any third party.
If you have a dispute with one or more Users or Creators, you release Printerval (and Printerval's 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. If you are a California resident, you waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
This Agreement supplements the Printerval User Agreement, which is incorporated by this reference.