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User Agreement

Introduction
Icr8.com is a team of creatives, developers, designers, textile experts and entrepreneurs that decided to make iCR8 possible. Success doesn't come alone, that's why we are starting a community of like-minded fashion lovers to share our dreams, leave their mark and earn their profits. 
We know everyone with will and creativity, can be a fashion designer, our job is to make that dream become a reality.
Join icr8.com - display art, create new designs, give feedback, write reviews, participate in forums, team up with other members to collaborate on projects, and talk to each other.
To make this online destination for creativity available, it is essential that all icr8.com users respect the intellectual property rights of others, including copyrights and trademarks. You must only upload content you have created yourself and have permission to use and authorize others to use. If you are a customer or visitor, please respect the copyrights and trademarks of all the works you see or buy on icr8.com. Respecting other people’s intellectual property is an essential principle of our community.
You have to be aware that displaying your work on icr8.com puts it out there for the whole world to see. You need to be aware that publishing your work this way attracts legal responsibilities. It is up to you to make sure you are not breaking any laws by publishing your work through icr8.com.
Please read the agreement below. Using this website means you accept this agreement. If you do not agree with its terms, do not use this website.
Legal Agreement
All visitors (“user”, “you”, “your”) to the iCR8 website at www.icr8.com (“the website”) are entering a binding legal agreement on the following terms (the “agreement”) when using the website. The agreement is between the user and iCR8 Ltd, and use of this website indicates continued acceptance of this agreement.
Eligibility
Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Our services are not available to persons under 16 years of age.
Amendment to this agreement
We may amend the terms of this agreement from time to time, and we will let you know about these changes either by sending you an email to the email address you have registered with at iCR8 and/or by displaying information about the changes on our home page. Either way, your continued use of the website will be considered as acceptance of the new terms.
Our service
iCR8 provides a range of services (the “iCR8 service”) which, amongst other things, enable you to create, publish, sell and purchase art; interact with other users; and receive the benefits of iCR8’s facilitation of product fulfilment, including payment processing, customer services, third party product manufacturing. In addition, iCR8 will arrange the delivery of the physical product to your customer.
The digital content on the website (“your content”) may be information, text, data, graphics, images, photographs, sound, video, music or any other material posted online by users. Any content that you upload into the portfolio section of your account is described as your “art”. Your art may be viewed by all users of the website once you decide to publish it. You may order a physical product based on your own art or you may offer your art for sale as part of the sale of a physical product. If you or a customer decide to place an order, then iCR8 will forward your instructions to third parties who will manufacture and ship the physical product in the form specified by you or the customer (“the product”).
Members
You can become a registered member (“member”) of the website by setting up a password protected account. You will be required to select a username and password when registering in order to become a member. You must become a member before placing any content on the website. In its sole discretion, icr8.com may refuse any user name that it decides is inappropriate and/or refuse any person from becoming a member.
Any information you choose to publish in the public section of your profile may be viewed, distributed or linked to within the website or in the course of delivering the icr8.com service. We care about your privacy and you can read our privacy policy if you would like to know how we handle your personal information.
Passwords
You are responsible for actions made on the website using your password, including any products purchased or sold and any content displayed or messages sent, even if these actions were not approved or contemplated by you. You are solely responsible for any loss caused by any use of your password by yourself or any other person.
You agree that you will not disclose your password to any other person and you will not keep your password where it can be copied or used by anyone other than you. If you suspect someone else knows your password, you must change it immediately.
Putting content on icr8.com
You keep the copyright in any content you submit or upload to the website. In order to receive icr8.com services you grant icr8.com a non-exclusive royalty free license to use and archive the content in accordance with or as reasonably contemplated by this agreement.
When you submit or upload content on the website you represent and warrant that:
  • you own all copyrights in the content, or if you are not the owner, that you have permission to use the content, and that you have all of the rights required to display, reproduce and sell the content;
  • the content you upload will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or rights of privacy or publicity;
  • your use of the website will comply with all applicable law, rules and regulations;
  • the content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
  • the content does not include malicious code, including but not limited to viruses, trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information; and
  • the content is not misleading and deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions.
Icr8.com reserves the right to review and if in its sole discretion deemed necessary, remove any content from the website and/or cancel your account, because that content breaches your agreement with us and/or any applicable laws, or otherwise. You agree to indemnify icr8.com in respect of any direct or indirect damage caused due to your breach of one or more of these warranties.
The actual design of the product using the design tool (Design Lab) on icr8.com remains the intellectual property of iCR8, while the print design, logo, other designs uploaded by the user remains his intellectual property, as said before.
Offering your art for sale on a physical product
Any member may offer their art for sale on a physical product on the website by appointing icr8.com to facilitate the transaction on the terms set out in the Purchase Agreement. By agreeing to the terms of this user agreement you expressly agree to the terms of the Purchase Agreement, which will apply from the date on which you offer your first art for sale on a physical product and your continued use of the website will constitute ongoing agreement to the terms therein as updated from time to time.
Purchasing a Product on icr8.com
Users can purchase products on the icr8.com website using a valid credit card system, PayPal and other available payment options.
You have to be a member(logged in) to purchase a product.
The price you pay is fixed at the time of ordering.
You may not cancel an order once it has been submitted.
It is the customer’s responsibility to ensure the product delivery address is correct. Icr8.com takes no responsibility for any product a customer does not receive because of errors in the delivery address provided to icr8.com.
Paying you after your product is sold
Payments are done at the end of every month, for transactions made within the current month.
Delivery
Delivery will be facilitated pursuant to the customer's instructions by postal or courier service and will be paid for by the customer at the price indicated at the time of purchase. Icr8.com will charge shipping charges to the customer which will vary depending upon the size and quantity of the product, and the location of the customer/shipping address.
Damaged Goods
If a product is delivered to a customer, physically damaged in some way icr8.com will happily make a replacement copy of the product after receiving reasonable proof of that damage.
If you receive a damaged product, you must email icr8.com customer service within 10 days of receipt to tell us about the nature of the damage and to arrange for a new product to be sent to you at no cost to you. We may require you to return the product as a condition to arranging for a new product or other remedy. You will bear the direct cost of returning the product. In addition to the damaged goods policy, icr8.com may in its discretion offer other remedies for customers who wish to return products. Any such remedies will be published in the Help Centre section of the icr8.com website.
Please be aware that publishing to the website is creator-controlled and we do not screen all of the content on our website. It is the customer’s responsibility to verify the quality of the content (including but not limited to misspelled words, grammatical errors, formatting, design or overall appearance) before ordering a product. This damaged goods policy does not apply to content, only to the physical product.
Excess Inventory
You grant iCR8 permission to dispose of any inventory that becomes excess as a result of refund, reprint, fraud, product sampling or promotional activities, in any manner we see fit.
Reporting inappropriate content to icr8.com
Icr8.com does not manually screen content before it is displayed on the website so occasionally members may inadvertently or deliberately submit and display content that breaches this agreement.
Inappropriate content includes, but is not limited to, content that infringes the copyright or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. Icr8.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
Please help us by letting us know straight away about any inappropriate, or potentially inappropriate, content you see on the website. You can do this by sending us an email to hello@icr8.com. If you believe your copyrights or other intellectual property rights are being infringed, you are able to make a formal complaint by sending us an email to hello@icr8.com.
Specific warnings
You must ensure that your access to this website and the icr8.com service is not illegal or prohibited by laws that apply to you.
You must take your own precautions to ensure that the process that you employ for accessing this website and the icr8.com service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website.
We do not accept liability for any losses arising directly or indirectly from a failure to provide the icr8 service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the icr8 service, or any transmissions by others in contravention of the registered members’ obligations as set out in this agreement.
You acknowledge that we may not be able to confirm the identity of other registered members or prevent them acting under false pretenses or in a manner that infringes the rights of any person.
Intellectual Property Rights and license
All intellectual property rights in this website and icr8 service (including the software and systems underlying the icr8 service, and text, graphics, logos, icons and software) are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under relevant Copyright and Trade Mark legislation throughout the world, and except as expressly authorized by this agreement, you may not in any form or by any means:
  • use, adopt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
  • commercialize any information, products or services obtained from any part of this website,
  • without our written permission.
If you have the permission to use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks in or as the whole or part of your own trademarks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including this website).
Linked websites
This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked 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 stipulated to the contrary.
Disclaimer
We do not represent or guarantee that the icr8 service or this website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to the icr8 service or these websites will be uninterrupted.
You acknowledge that icr8 service or this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
We do not guarantee that any members’ uploads to this website will be protected against loss, or misuse or alteration by third parties. We do not guarantee that all uploaded content will be available on our website. If we elect in our sole discretion to make available content on our website, we do not guarantee that it will be available within a certain time frame.
We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded.
Indemnity
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless, as well as, all third parties printing, manufacturing and/or otherwise fulfilling the products you are selling via the website, their officers, directors, employees, agents and representatives harmless, from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from:
  • your breach of any clause of this agreement;
  • any allegation that any materials that you submit to us or transmit to the website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
  • your activities in connection with the website.
This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.
Privacy policy
Your privacy is very important to us. Users of our website should refer to our privacy policy – which is incorporated into this agreement by reference, for information about how we collect and use personal information.
Security of information
No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information, however we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.
Termination of access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
Dispute Resolution
In case of any kind of dispute regarding the interpretation of any part of this Agreement, both Parties shall commit into peaceful settlement of the dispute. If such a settlement is impossible to be achieved, both Parties agree that jurisdiction over resolving the dispute will be enforced by the decisions of Swiss Arbitration in Zurich.
If you have a dispute with one or more users or sellers, you release icr8 (and icr8 officers, directors, agents, subsidiaries, joint ventures and employees) from claims demands and damages (actual and consequential) of every kind of nature, known and unknown, arising out of or in any way connected with such disputes.
General
We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
This service may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and no infringement.
You wish to use icr8.com services to facilitate marketing and sale of your art on a physical product and to arrange for manufacture of the physical product ("your product") once an order has been made through www.icr8.com ("the website"). Icr8.com will provide these services. Additionally, icr8 will provide for delivery of such products to the customer.
Services
iCR8, acting as independent contractor under your instructions in relation to the performance of marketplace services, will market to and obtain orders from customers for the purchase of your products over the website and on instruction from you. ICR8 will arrange to fulfil those orders by facilitating payment for and manufacture of your products (“Services”). ICR8 will then arrange for the delivery of your products as per the customer’s instructions. Whilst iCR8 capacity is one of independent contractor in relation to the Services, it acts your agent specifically in relation to the sales transaction between you and the customer who buys your product.
ICR8 will provide the Services pursuant to this agreement until termination in accordance with its terms.
You agree that iCR8 is free to act in any capacity for any other person interested in promoting, marketing and obtaining orders from members of the public for the purchase of their arts over the website, including any art that is the same as, or similar to, your products.
License and standing instructions
You grant iCR8 a non-exclusive royalty free license to use your intellectual property relating to your products for the purpose of enabling us to carry out the Services.
You hereby instruct iCR8 to facilitate the sale of your product which includes payment, processing and arranging for manufacturing your product(s) in respect of the orders placed by the customers via the website and iCR8 will facilitate such payment, and manufacturing in accordance with reasonable business practices unless you otherwise instruct prior to the placement of that order by a customer.
Sale of your products
The retail price charged to customers who purchase your product is made up of the manufacturing fee and your creator margin (“your margin”). Shipping charges will also be added to the retail price. 
You may not change your margin while the product is published.
iCR8 will send you an email to the email address you provided in your account to notify you when an order of 200 pieces is fulfilled in order to start the production of the product.
Payment terms
You authorize iCR8 to collect, hold and distribute the retail price (“sale proceeds”) from customers on the terms set out in this clause. ICR8 will also charge the customer for the shipping which will be retained by us and not affect the amount to be distributed to you.
You authorize iCR8 to deduct the base amount (which includes icr8’s margin) from the sales proceeds for your products before distributing your margin.
We will pay your margin till the end of the ongoing month. 
We may set payment amount threshold amounts in relation to a month or other time period - and where the payment amount does not exceed any applicable threshold for the relevant period, icr8.com may elect to postpone your payment until the threshold is exceeded.
It is your responsibility to ensure iCR8 has current details of your postal address and bank account details. ICR8 will not be liable for any loss suffered by you if you provide us with incorrect details in relation to the payment method. If we are unable to pay you because you have given us incorrect details or your details are out of date, we will hold your margin for up to 12 months from the payment date. If you have not notified iCR8 of any amendment to the payment method details in that time your margin proceeds will be forfeited to iCR8 or donated to a charity of our choice.
Taxation responsibility
Except as required otherwise by applicable Taxation Laws or Regulations:
  • (a) Each party is responsible for their own taxes associated with each transaction and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under this Services Agreement. We recommend that you consult with your tax advisor as to the application of taxes for you, as the seller of the merchandise. This may include Sales Tax, VAT, GST and other transactional taxes;
  • (b) iCR8 will not collect or pay taxes on your behalf as iCR8 is merely acting as an agent in facilitating the sale of your product to the customers. As stated in this Agreement, the amounts distributed to you will be deemed to be inclusive of any taxes, if applicable. You will at all times be solely responsible for reporting and remitting any tax liabilities arising out of the sale of your products together with any potential interest or penalties that any tax authority may levy as a result of non-compliance. If you are registered for VAT in the EU, icr8 may, upon your request, provide you with a VAT invoice for any charges levied by us; and
  • (c) all tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility.
Indemnity
You hereby indemnify and will keep iCR8 indemnified from and against all claims, debts, accounts, expenses, costs, liens, actions and proceedings of any nature whatsoever, whether known or unknown by any person, arising from, incidental to, or by virtue of, the appointment, or any breach or non-performance of your obligations under this  Agreement or arising out of your willful act, neglect or default in the performance of such obligations.
This clause will survive the termination of this  Agreement.
Limitation of liability
In no case will iCR8 be liable for any consequential loss or damage suffered by you arising from this Services Agreement. To the extent permitted by law, all warranties and conditions implied by law are hereby expressly excluded.
Terminating this Agreement
You can give notice of termination of this Agreement by closing your account in the method described before.
iCR8 may give notice of termination of this Agreement to you in writing at any time.
After notice of termination in the manner, you authorize us to complete any transactions in progress in relation to your products, which we will do on the terms of this Agreement. Termination of this Agreement will take effect once these transactions have been completed.
Upon termination of your Account by either party, iCR8 will pay you only the member margin proceeds from your account, till the date your Account was active.