This seller agreement (“Agreement”) and the terms of terms and conditions (“Terms and Conditions”) of Karura Decor LLP as specified on (https://Printmyspace.com ) shall be effective and binding on the day of your acceptance of this Agreement from your designated electronic mail address or in any other form of electronic record including, if applicable or provided, clicking on the check box or “I Agree” / “Accept” button or by uploading your content on the Site and making your designs available for sale or by any other means which construe your acceptance of this Agreement (“Execution Date”) by and between You are being a natural or juristic person competent to enter into valid and legally binding contract under applicable Indian laws inter alia, a person of legally sound mind, not adjudicated bankrupt and equal to or more than 18 years of age on the Execution Date. If you are a juristic person then the person accepting this Agreement represents that such person is duly authorized by you to bind you to this Agreement and the designated electronic mail address is valid and subsisting and allotted by you to such person (hereinafter referred to as “You or Seller or Artist ”) which expression shall unless repugnant to the context and meaning thereof, include its heirs, legal representatives, successors, liquidators, receivers, administrators and permitted assigns), of One Part;
Karura Decor LLP, a partnership firm incorporated under The Limited Liability Partnership Act, 2008 and having its registered office at A3-1101, Naren Bliss, Opposite Konark Vista, Magarpatta Amanora Road, Hadapsar, Pune, India (hereinafter referred to as “Printmyspace or the Site”) which expression shall unless repugnant to the context and meaning thereof, include its successors, liquidators and assigns), of Other Part.
Artist is inter alia engaged in the business of developing and/or designing and/or manufacturing and/or selling various products and related services.
Printmyspace is engaged in business of E-commerce and manages an online marketplace for custom made home decor products, currently dealing in and not limited to posters, wallpaper, blinds and wardrobe / door skins and the like.
Artist has elected to make his designs available to other people for purchase as posters, wallpaper, blinds, wardrobe/door skins or other products through the marketplace available on the Site and owns intellectual property in relation to such content with full rights to exploit the such content.
The parties hereto are desirous of recording the terms and conditions of their understanding in respect of the above mentioned and have agreed to enter into this Agreement which has come into effect from the Execution Date.
Now therefore, in consideration of the mutual promises and other consideration, the sufficiency of which is acknowledged, the parties, intending to be legally bound, agree as follows:
- Submitting content for sale
You can upload the content for sale provided you agree to be bound by the Agreement and its amendments time to time. When You submit a design to us, it is required that You name it appropriately, provide a brief description of the design, tags to help identify, category classification as per the categories for images listed and the dominant colours used. Without these parameters, the design will not be accepted.
Along with the design, You are also required to submit personal verifiable information that is subject to confirmation. This may include your address and contact information, information relating to your online presence and required for deducting tax at source. You are also required to update your details on a half yearly basis, failing which, your account may face deactivation and are required to update your details as and when they change. Printmyspace will only capture the information entered by You and not be responsible for wrong details entered and the sole responsibility for any wrong information lies with the Seller. Printmyspace also intends to use this information only for the purpose of ensuring that there is no hindrance in maintaining the Seller – Printmyspace relationship and smooth transactions between us. No part of this information will however be shared with any other website and Printmyspace will fiercely endeavour to maintain the privacy of this information.
Once You have submitted the content along with other details requesting your information, the listing will still not be made public and You should order a sample of the sample of the design as a poster of the minimum size by choosing the option to “Upload your design” and placing an order for the poster. This is necessary to ensure that the print reproduces the design and colors as intended. There are no commissions or discounts associated with this order and once the process is completed, you are required to submit the proof of sale to activate your content listing on the Site. During this interim period of your submitting content and the proof of sale, Printmyspace will not use your content for any purpose, neither for display nor its own.
It is also binding to confirm that the design is original, or that You are authorized to submit it for sale on the marketplace of Printmyspace. It should be in accordance with the copyright laws outlined in this Agreement and should also identify the correct source of the design. You are also not authorized to use trademarks, trade names or publicity tags and need to list these entirely in personal capacity. No use of organization names or design houses is permitted. It is also not permitted to upload any objectionable content on the marketplace of Printmyspace that includes images, photographs in violation of guidelines in this agreement. These will be pulled off from the Site immediately and your account deactivated.
In case, You would no longer want your designs to be made available on the Printmyspace, please do notify us through our email id email@example.com and we will ensure that these are taken off from the Site. There might be a lag in servicing your request to ensure that the order pipeline related to these images is fulfilled prior to deletion.
- Content posted on Printmyspace and affiliate sites
You agree and acknowledge that Printmyspace is an automated web service and a marketplace of Printmyspace where You make/upload your designs public for printing on different home décor products. It is virtually impossible for Printmyspace to review all content that is posted on its Site but also that it has the authority to review, reject or remove any content that it posted on the Site. Printmyspace will have the right and discretion to also remove or deactivate account that violate the terms of this Agreement or the policies and that these may undergo amendment from time to time. You are responsible for being abreast of the changes and in the case of disagreement, request for deactivation of your account.
Printmyspace merely functions as a facilitator and as a marketplace for designers to sell their content and functions as a printer of home décor products and other products. It does in no uncertain terms endorse, approve or acknowledge that the content complies with applicable laws or that you are not liable for harm arising from the use of the content. Any legal ramifications arising out from the content is your sole liability.
You also acknowledge that by virtue of being a Site, the content posted by You is made public and that it is possible for other websites to copy and repost that content, including approved third-party websites that have access to Printmyspace through its application program interface (API). Printmyspace may also use the content to post on social media websites and that of affiliate stores on other online marketplaces to attract customers for its products. Likewise, if you post these images on other social media sites, the images should provide back links to the listing on Printmyspace’s product pages. In all these cases, You agree to absolve Printmyspace of any prejudice and agree to waive off any claims for losses or damage related to communications or material posted on other sites.
Printmyspace takes copyright issues very seriously and strongly believes in giving due credit to original work. We request our members respect ethos as well. If there are any instances relating to copyright violation, we request our community to notify us immediately as per the process outlined below in this section to enable us to take the right action. In case of any copyright or intellectual property rights infringement, we may terminate the account of any user who is found to do so.
You represent and warrant that You are the owner of the content which you submit and that the content does not infringe upon the property rights, intellectual property rights (e.g. copyrights and trademarks) or other rights of others. You also represent that there are no outstanding disputes in connection with the property rights, intellectual property rights or other rights in the content or any parts of the content.
As someone either posting the content on the marketplace or having it printed, You expressly agree to undertake that You are the rightful owner of the intellectual property or have the right authorization or permission to represent the rightful owner of the content. In the case of violation, Printmyspace will take appropriate legal recourse under the applicable copyright laws.
You also acknowledge and agree that if Printmyspace receives an objection to copyright ownership asserting that the content posted is in violation of the rights to the copyright, trademark or intellectual property of another, referred to as the “Rights Owner”, Printmyspace, may, at its discretion and on submission of the proof of ownership by the Rights Owner, provide the Rights Owner your contact details to address the issue of ownership. For any legal proceedings in this regard, Printmyspace, will not be an active party or be involved in such proceedings and may only facilitate both parties getting in touch to address the use of the rights.
If you are the Rights Owner and have come across any image that You believe infringes your rights to content, trademarks or intellectual property, You are requested to submit a written and email communication with the details mentioned below:
- description of the content infringed, including snapshots and links to the page/s where this is posted on Printmyspace
- your / copyright owner’s contact information that includes: full name, phone number, full address, verifiable social media and government identification
- digitally, physically signed note elucidating the detailed info mentioned in the two points before this
- A statement that the information relating to the content is accurate and that you are authorised to represent the owner of the copyright.
Both, the email and the written communication, should have the subject line: Copyright Info and should be sent to: firstname.lastname@example.org and the following address: A3, 1101, Naren Bliss, Magarpatta Amanora Road, Pune – 411 028, Maharashtra, India, respectively.
- Commissions and discounts
By submitting your content and making it available on Printmyspace, you agree that:
- Printmyspace has the discretion and authority to set prices for its products that are competitively priced, including offering discounts, and that these may be subject to change from time to time;
- Printmyspace has the authority to fix commissions and these may not necessarily be a flat commission on the price on the Site, but may additionally have slabs built in or a half yearly bonus structure to incentivise sales revenue and this might be subject to change or revision, for which a notification will be sent to the community;
- Printmyspace will print the design on the product for orders received and ship it to customers; and
- Printmyspace may undertake slight modifications to enhance the print clarity of the content submitted by You.
Commissions will be paid out on a bi-monthly basis, subject to:
- A minimum of USD 25 (Twenty-Five) accumulated in your account to avoid frequent transaction charges;
- You will not receive commissions for orders that are returned or refunded and in such cases, You will be notified and the commissions adjusted against future pay-outs; and
- You will be able to view the transaction and commission summary through your account page on Printmyspace.
- You will be able to avail discounts on products ordered by you, irrespective of the product, including for those that have your designs;
- You will not be eligible for commissions on purchases of products bearing your own design; and
- Discounts are not applicable for the samples highlighted in “selling your content” prior to your listing of content for sale.
Each party shall be responsible for any and all taxes on its business, and taxes based on its net income or gross receipts. However, Printmyspace shall be entitled to additionally charge GST or any other indirect or transaction taxes as applicable.
- Guidelines for code of conduct:
You retain the copyright and the intellectual property rights for all the content uploaded by You on Printmyspace as well as the right to choose which content to display or mark for sale. Printmyspace may however be required to modify, display or reproduce and distribute your content on its products worldwide and that by uploading your content, You agree to grant us a royalty free, nonexclusive, worldwide license to do so. Printmyspace may also photograph or display your content on its products on other sites, including but not limited to social media websites and affiliate marketplaces and that You understand that it may be imperative to do so as a part of the sales process. This content may also be accessed and displayed through search engines such as Bing or Google that will index these, display them as well as the information related to them.
You also agree that if the content is in violation of, but not limited to the following guidelines for content, Printmyspace may forever debar You from listing any content on its Site:
- The content is against law or race, hateful, abusive, vulgar, pornographic, inflammatory or objectionable in any manner;
- The content meets the conditions elucidated in the copyright laws;
- The content complies with all applicable laws;
- The content violates any celebrity or individual’s privacy rights;
- The content contains a virus or malware, or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- Using your listing to claim representation of Printmyspace;
- Posting anything malicious against your fellow designer community or Printmyspace either in the public domain or on other sites; and
- Attempts to collect user information from Printmyspace
In case of disputes with other users, You agree to resolve these amicably. While You may report these to Printmyspace, we do not guarantee or take any responsibility for playing any role in the resolution. You also absolve the owners and employees of Printmyspace of involvement, demands or damages or claims of any kind arising from disputes with other users.
You hereby agree to indemnify and hold harmless Printmyspace, its owners and employees from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs), awards, damages, losses and/or expenses arising directly or indirectly, incurred by the Printmyspace under this Agreement and/or the Terms and Conditions including including for litigation pertaining to: (i) violation or infringement of copyright; (ii) Your content listed on Printmyspace; (iii) tax obligations and compliance for pay-outs from Printmyspace; and (iv) breach of any laws by You.
- Limitation of Liability and Legal Jurisdiction
NOTWITHSTANDING ANYTHING CONTRARY CONTAINED IN THIS AGREEMENT, IN ANY EVENT PRINTMYSPACE AND ITS OWENERS, EMPLOYEES SHALL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY (INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY, NEGLIGENCE), PRODUCT LIABILITY, TO THE YOU OR ANY OTHER PERSON OR ENTITY FOR COST OF COVER OR FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF REVENUES, LOSS PROFIT OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF BUSINESS OR DATA) ARISING OUT OF OR IN RELATION THIS AGREEMENT.
These terms and conditions will be governed by and construed in accordance with Indian law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Pune, India.
- Warranty Disclaimer:
You understand and agree that the use of this Site is at your risk and that all information provided on the Site is on an “as is” basis. Printmyspace disclaims all warranties of any kind relating to title, merchantability, fitness for a particular purpose or non-infringement. No information oral or written or from the Site or its posts online will create any warranty not expressly stated in these terms. We also do not warranty that:
- Products ordered through Printmyspace including the printing of your content on them will meet your requirements, or
- The Site will be uninterrupted or error free, or
- Defects any will be corrected.
This Agreement shall commence on the Execution Date and shall be valid until termination.
- Terms and Conditions
The Terms and Conditions of the Printmyspace as applicable to this Agreement can be accessed at the Site. All other terms applicable to your use of the Site and any other features of the Site are set forth in the Terms and Conditions. You hereby undertake and agree to comply with the Terms and Conditions and all policies of the Printmyspace as may be applicable to the Site from time to time and notified and displayed on the Site.
If you do not agree to the terms of this Agreement, You are not authorized to make content available on Printmyspace.
We may modify this Agreement from time to time, and the upload of any design content after the amendment to this Agreement, shall signify your acceptance and agreement to be bound by the amended agreement. In case you have any questions on this Agreement, feel free to reach us at email@example.com to have your queries answered.
- Submitting content for sale