INPRNT Artist Agreement

This INPRNT Artist Agreement (this "Artist Agreement") incorporates the provisions of our Terms of Use & Code of Conduct (available at https://inprnt.com/info/terms/) (our "Terms") and our Privacy Policy (available at https://inprnt.com/info/privacy/). This Artist Agreement governs your activities as an Artist on our Platform, including the submission of Artworks and offering of Products for sale to Customers (as such terms are defined in our Terms).

PLEASE READ THIS ARTIST AGREEMENT CAREFULLY. THIS ARTIST AGREEMENT IMPOSES LEGAL OBLIGATIONS ON YOU AND ON US, AND ESTABLISH OUR LEGAL RELATIONSHIP.

1. Your Agreement.

This Artist Agreement applies to users who participate as Artists on our Platform (collectively, "you"). As an Artist, you may set up a gallery of Artworks and offer Products for sale on our Platform. As further set forth in our Terms, in order to become an Artist featured on our Platform, you must become a Registered User, complete our artist application process by submitting your portfolio and other information that we request or accept an invitation, and agree to this Artist Agreement. You indicate your consent to this Artist Agreement when you complete the Artist registration process on our Platform, and at other times and/or using other methods we may specify. If we modify this Artist Agreement, then such modifications shall take effect proactively upon your acceptance of the modified Artist Agreement. You may print out a copy of this Artist Agreement for your records. Please refer to the article titled "How do I start my own print gallery" on our Help Center learn more about the application process, invitations, and how you can manage your Artworks and Products on our Platform.

2. Minors; Parents or Legal Guardians.

Creativity has no age limit -- for legal reasons, however, you must be at least 18 years of age in order to become an Artist on INPRNT. Moreover, as explained on our Privacy Policy, you must be at least 16 years of age to use our Platform. If you are between the age of 16 and 18 (a “minor”), you may use an Artist account created by your parent or legal guardian using their information (including their bank account, billing, and tax information); provided that such parent or guardian has given you express permission to use their account. If you are a parent or legal guardian providing a minor with access to your account, you agree that: (i) you will directly supervise the minor’s use of the Platform; and (ii) you are solely responsible for all of the minor’s acts and omissions, including any account activity that the minor conducts on the Platform.

3. Your Responsibilities.

You must at all times use our Platform in compliance with our Terms (including the Code of Conduct and content guidelines) and applicable law. We reserve the right to request edits or to remove any Artworks or other information or material, in whole or in part, that we determine, in our sole discretion, violates or is otherwise incompatible with our Terms, third party rights, or applicable law. IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, THEN WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF SOME OR ALL OF THE PLATFORM OR SERVICES, AND TO REMOVE THE CONTENT AT ISSUE.

4. Pricing and Payments.

We take a flat fee or a percentage (based on the Product type) of the receipts from the sale of Products to Customers, and pay the remainder (your "earnings") to you less any taxes, fees, and any applicable promotional discounts (such as those you offer). Accordingly, if a Customer payment fails or there is a chargeback, because there will not be receipts to us, the earnings for the transactions will be reversed and we will not pay such earnings to you.

By agreeing to this Artist Agreement, you authorize us to collect and hold the retail price of all Products displaying or otherwise based on your Artwork that are purchased via the Platform. We will hold your earnings for a period of thirty (30) days from the date of the Customer’s order payment for purposes of processing refunds, chargebacks, order modifications or cancellations, customer service issues, and other changes (“Order Changes”) that may occur in connection with the order payment. During this period, your earnings will appear as “pending” on your account, and you will not be able to withdraw the amounts. Upon the conclusion of such thirty (30) day period, your earnings (subject to any Order Changes) will become available for withdrawal. As further explained on our Help Center, please note that you may withdraw earnings of $100 USD or greater directly on the website, however, you must contact our customer support to request a withdrawal of amounts under $100 USD.

We will calculate your earnings based on the types of the Products sold and their pricing. You may set your own prices on certain types of Products, subject to the specified minimum pricing, offer discount codes, and run your own sales and promotions. Certain types of products are subject to a flat pricing. You may review your transactions via the Platform, and request a transfer of your account balance, subject to the conditions and limitations we may specify.

You will not be entitled to receive, and we will not provide you with, any earnings, royalties, or other payments for sales of any Product that incorporates Artwork that violates this Artist Agreement, the Terms, content guidelines, our Privacy Policy, or your other agreements with us, or applicable law. For example, if we discover that an Artwork infringes a third party’s intellectual property, privacy, or other rights, or would otherwise constitute a violation of any of the representations and warranties set out in Section 6. (Intellectual Property Rights) below, we reserve the right to cancel, reverse, or charge back (as applicable) all payments for Products that incorporate such Artwork, whether such payments are due or already paid to you, and you agree to otherwise reimburse us for such payments.

Please refer to the articles titled "How much will I earn?", "How do I view my sales and withdraw earnings?", "How do I run my own sales and promotions?", "What can I do to promote my products?" on our Help Center for more information on these topics, including helpful tips on how to promote your Products and maximize your earnings.

5. Promotions.

Promoting our Artists and their Artworks is an important aspect of our team’s mission. In order to promote you and/or your Artworks, as well as our Platform, we may incorporate, print, or otherwise use your Artworks (including images of Products that display or incorporate your Artworks), on our social media postings, newsletters, and similar uses, including to embed text, logo, or other content on such Artworks. You will not be owed or paid any earnings, royalties, or other payments in connection with such promotional uses of your Artworks.

6. Intellectual Property Rights.

As further set forth out in Section 11 (Content You Submit to INPRNT) of our Terms, by uploading or otherwise providing your Artworks to us:

  • You hereby grant us, under your intellectual property rights, a non-exclusive, sublicensable, and transferable license to use, reproduce, prepare derivative works of, display, and distribute the Artworks (and derivative works thereof) for the following purposes: (i) create, sell, and distribute Products or promotional materials displaying or otherwise incorporating the Artworks and otherwise fulfill orders (including samples and replacements); (ii) market, advertise, and promote the Products and the Platform; and (iii) our other business purposes;
  • You represent and warrant that: (a) that you own the Artworks (including any related copyrights or other intellectual property rights) or have sufficient authority and right to provide the content and to grant the rights set out in this Artist Agreement; (b) the Artworks will not infringe upon, violate, or otherwise conflict with any third party rights or applicable law; and (c) if the Artworks depict a person or persons, then each person depicted has provided you with consent to use the Artworks as set forth in this Artist Agreement, our Terms, and our Privacy Policy; and
  • You acknowledge and agree that: (x) INPRNT acts only as a passive conduit for your distribution and publication of your Artworks; (y) INPRNT takes no responsibility and assumes no liability for any Artwork that you or any other user or third party uploads, submits, posts, sends, or otherwise makes available via the Platform; and (z) you shall be solely responsible for your Artworks and the consequences of posting, publishing, sharing, or otherwise making it available on our Platform.

Except those granted to us in this Artist Agreement and our Terms, you retain all rights with respect to your Artworks. Please refer to the article titled "Who owns the rights to my artwork" on our Help Center learn more.

7. Closing Your Gallery; Removing Artworks.

You may submit a request to remove Artworks, or terminate your account with us and close your gallery by using the methods available on the Platform or by contacting us as set out in Section 10.4 (Contact Us). Upon closure of your account, we will deactivate your account, and if there are any amounts remaining in your account that you have not withdrawn, we will transfer such amounts to you. In order for us to timely and accurately process disbursements, it is important that you maintain accurate information with us that would allow us to contact you and make payment to you.

Additionally, prior to closure of your account, you must archive the Artworks to clear your gallery, and convert your Artist account to a non-Artist account. Please note that with respect to any Artworks that may have been sold or otherwise incorporated into Products prior to our receipt of your request to remove the underlying Artworks or close your account, we may archive such Artworks and continue to exercise our rights in such Artworks until the Products in our inventory have been sold. Additionally, we may also archive the Artworks and exercise our rights in such Artworks to fulfill replacement orders (for example, to correct defective orders), in accordance with our standard retention practices, or as otherwise necessary for our legal and/or business obligations.

8. Limitation of Liability.

UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL INPRNT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE PLATFORM (INCLUDING ANY SERVICES) OR THE INPRNT CONTENT. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF YOUR USE OF THE PLATFORM (INCLUDING ANY SERVICES) OR THE INPRNT CONTENT EXCEED THE AMOUNT OF FEES PAID BY INPRNT TO YOU. You agree that in the event that you have any right, claim, or action against any third party arising out of such party's use of the Platform, then you will pursue such right, claim, or action independently of and without recourse to us.

9. Indemnity.

You agree to defend, indemnify, and hold INPRNT and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of this Artist Agreement.

10. General.

  • 10.1 Modifications to this Artist Agreement; Assignment.

    We may modify and change this Artist Agreement over time. We will not "retroactively" change this Artist Agreement, and any modifications we make shall take effect proactively, once you accept the modified Artist Agreement. Please feel free to print out a copy of this Artist Agreement for your records. This Artist Agreement shall not be assignable by you, either in whole or in part. INPRNT reserves the right to assign its rights and obligations under this Artist Agreement.

  • 10.2 General.

    This Artist Agreement shall be governed in all respects by the laws of the State of Florida without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts located in the judicial district that includes Orlando, Florida. The parties further agree that any cause of action arising under this Artist Agreement shall exclusively be brought in such courts. If any provision of this Artist Agreement is held to be invalid or unenforceable, then such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. INPRNT's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Our Terms, Privacy Policy, and this Artist Agreement set forth the entire understanding and agreement between INPRNT and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

  • 10.3. Survival.

    In addition to any right or obligation that by its nature or intent is intended to survive the termination or expiration of these Terms, the following Sections shall survive any termination or expiration of these Terms and shall apply indefinitely: Section 8. (Limitation of Liability); Section 9. (Indemnity); and Section 10. (General).

  • 10.4. Contact Us.

    If you have any questions about this Artist Agreement, the practices of our Platform, or your dealings with our Platform, please contact us at: Support Center.

  • 10.5. Effective Date.

    The effective date of this Artist Agreement, which incorporates the provisions of the Terms, is April 14, 2022.

  • 10.6. Copyright And Legal Notice.

    Copyright © 2022 Deviathan, LLC. All Rights Reserved.