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Sapien Creations”). The Sapien Creations Service provides Artists (also known as Sellers) with a platform to easily sell products of their own design such as wall art, and Buyers with the ability to find such unique custom designed products.
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 Sapien Creations if You suspect or know of any unauthorized use of Your password or account or any other breach of security. Sapien Creations cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4.
The Website may contain links to third party websites that are not owned or controlled by Sapien Creations (“Linked Websites”). Those links are provided for convenience only and may not remain current or be maintained. Sapien Creations 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 Sapien Creations 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 Sapien Creations 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.
The interactive nature of postings on the Website makes it impossible for Sapien Creations 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 Sapien Creations, 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 Sapien Creations.
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 Sapien Creations to use the User Submission.
You hereby grant Sapien Creations 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 Sapien Creations does not guarantee any confidentiality with respect to any User Submission.
Sapien Creations expressly disclaims any and all liability in connection with User Submissions. Sapien Creations reserves the right to remove any User Submission in its sole discretion and without prior notice.
Sapien Creations’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 Sapien Creations the license above in Paragraph 7, and further agree that Sapien Creations 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 Sapien Creations 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 firstname.lastname@example.org), the licenses above will terminate, except that, to the extent any Designs has been incorporated into merchandise purchased and/or manufactured by Sapien Creations prior to Your removal, Sapien Creations may sell-through all such merchandise until it is depleted. The terms regarding payment to Artists apply to such sales. Sapien Creations 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.
You may not, in connection with the Website:
To make sure that the community spaces on Sapien Creations, 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:
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.
Sapien Creations 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 Sapien Creations has no obligation to update, store, maintain or correct any information on the Website. Sapien Creations shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website.
Sapien Creations 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 Sapien Creations shall not be liable to You or any third party for any termination of Your account or access to the Website.
Sapien Creations 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.
IN NO EVENT SHALL Sapien Creations, OR ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF Sapien Creations, 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 Sapien Creations 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 www.sapiencreations.com from its facilities in the Australian state of Victoria. Sapien Creations 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.
Sapien Creations 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.
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 Sapien Creations, or as otherwise agreed to in writing by the appropriate Licensor.
If You have a dispute with one or more Website users, You release Sapien Creations (and Sapien Creations'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.
RULES FOR BUYERS
Prices for all merchandise on the Website are in United States dollars. Prices and products may change at Sapien Creations's discretion. Sapien Creations 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 Sapien Creations. Title and risk of loss for all products ordered by you shall pass to you upon Sapien Creations's shipment to the shipping carrier. Sapien Creations 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.
Sapien Creations attempts to be as accurate as possible to provide a compelling user experience. However, Sapien Creations 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 Sapien Creations is not as described, your sole remedy is to return it pursuant to Sapien Creations's Return and Refund Policy here.
Please review Sapien Creations's Return and Refund Policy here.
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 Sapien Creations with his/her credit card information. Sapien Creations 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 Sapien Creations, and is successfully "funded," it may be sold. You will only be charged for an item once a Funded Design reaches its funding threshold.
You may delete Your Designs from Sapien Creations 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 Sapien Creations has been incorporated into merchandise purchased and/or manufactured by Sapien Creations prior to the deletion of Your Designs, Sapien Creations may sell-through all such merchandise until it is depleted. Sapien Creations 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.
By providing high-quality, accurate information, You help Users find Your products quickly and easily.
At the time You post products on Sapien Creations, You will be asked to provide information (title, description, tags, categories) about Your products and Designs so that visitors to Sapien Creations 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 Sapien Creations, 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:
You may report problems, offensive content, and policy violations in Designs to us at email@example.com
Sapien Creations may take the following actions to enforce the terms of this Seller Policy:
Please refer to the FAQs.
POLICY CONCERNING PAYMENTS TO ARTISTS
By submitting Designs to the Website, You authorize Sapien Creations to display the Designs, and to manufacture, sell and distribute products displaying your Designs. You also authorize Sapien Creations 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) Sapien Creations’s fee for operating the marketplace and facilitating the transaction (the production fees and Sapien Creations’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 Sapien Creations 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, Sapien Creations 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 Sapien Creations with Your PayPal account information. You will be charged a processing fee per transaction made to You by Sapien Creations. You alone are responsible for the payment of any tax that arises as a result of receiving any payment from Sapien Creations, 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
Sapien Creations 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 Sapien Creations 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. Sapien Creations 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 Sapien Creations 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:
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 Sapien Creations.
Sapien Creations 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, Sapien Creations 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 Sapien Creations’s Designated Agent, which must contain the following information in writing:
Sapien Creations will provide a proper and valid counter-notice to the alleged copyright owner for review and consideration.
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