Shop page Terms and Conditions
These Shop page Terms and Conditions describe the expectations and obligations of a seller (“Creator” or “you”) that uses Pictama’s Ltd branded Shop page offering (the “Shop page Service”) to market custom merchandise and apparel. These Shop page Terms and Conditions are additional terms under, and supplement, the Pictama Ltd Terms of Service (available at ); if there is a conflict between these Shop page Terms and Conditions and the Terms of Service, the provisions of these Shop page Terms and Conditions control to the extent the conflict relates to the Shop page Services. For clarity, the Shop page Service is considered a Pictama Service under the Terms of Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY CREATING AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SHOP PAGE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SHOP PAGE SERVICE, YOU AGREE TO BE BOUND BY: (1) THE FOLLOWING SHOP PAGE TERMS AND CONDITIONS; (2) PICTAMA’ S TERMS OF SERVICE; AND (3) PICTAMA’S PRIVACY POLICY (TOGETHER, THE “AGREEMENT”). IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SHOP PAGE SERVICE AS A CREATOR. YOUR USE OF THE SHOP PAGE SERVICE AS A CREATOR, AND PICTAMA’S PROVISION OF THE SHOP PAGE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY PICTAMA AND BY YOU TO BE BOUND BY THIS AGREEMENT.
Capitalized Terms
For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Terms of Service.
Shop page Service
Through the Pictama Shop page Service, a Creator has the opportunity to view their own branded shop page (“Shop page”) for use with Creator’s online presence (e.g., social media accounts) (“Creator Online Presence”) and, at Pictama’s discretion, a custom Pictama domain. In order to use the Shop page Service, you must already have a registered account with Pictama. Pictama will have sole discretion and control over the work performed under this Agreement and the manner in which such work is performed. Pictama may utilize independent contractors to perform all or part of the Shop page Services.
Fees
a. Pictama does not charge any additional fees for use of the Shop page Services. Pictama may initiate or change fees for any feature of the Shop page Service if Pictama gives you advance notice of changes before they apply. Pictama, at its sole discretion, may make promotional offers with different features and different pricing to any Creators. These promotional offers, unless made to you, will not apply to your offer or this Agreement.
b. Creator agrees to pay any fees that are agreed for products. If the creator wishes to add a discount code or coupon for their shop page
i) this will be taken from the creator’s profit example: if item is sold at £20 and the creator owes Pictama £10 for the production of this item, a 10%off code would make creator’s profit £8 (Creator profit = sale price (minus) discount (minus) item production fee)
ii) Discount and Coupons with only work on the creator’s products.
c) Pictama reserve the right to change the production fee on any item.
Licenses and Ownership
a. Shop page Services. Subject to your complete and ongoing compliance with this Agreement, Pictama grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Shop page Service. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (i) make modifications to the Shop page Service without Pictama’s consent; or (ii) interfere with or circumvent any feature of the Shop page Service, including any security or access control mechanism.
b. Pictama Content. All works of authorship, inventions, discoveries, improvements, methods, processes, formulas, designs, templates, techniques, and information conceived, discovered, developed or otherwise made by Pictama, solely or in collaboration with others, in the course of performing the Shop page Services or that reflect or contain Pictama’s confidentiel information (“Pictama Content”) will be the sole property of Pictama.
c. Creator Content. In order to enable Pictama to perform the Shop page Services, Pictama needs the rights to use your name, logo, branding, and other marks, works, or content owned or controlled by you, including all intellectual property and publicity rights contained therein (“Creator Content”). You grant Pictama (including any third party providers acting on our behalf) a non-exclusive, worldwide, royalty-free, sub-licensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly display, publicly perform, distribute, and otherwise exploit Creator Content for the limited purposes of allowing Pictama to provide, improve, and promote the Shop page Services. You represent and warrant that you own or are the licensee of all trademark rights, copyrights, rights of publicity and other intellectual property or other proprietary rights necessary to create and maintain the Shop page.
d. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Shop page Service (“Feedback”), then you hereby grant Pictama an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Shop page Service and create other products and services.
c. All content provided to Pictama or any third party must be the creation of the creator or have the rights to use the content.
Creator Obligations
a. Creator Domains and Accounts. If the Shop page is used on a Creator Domain, you are solely responsible for registering and maintaining the domain name, including all applicable fees. Pictama will have no obligation to make your Shop page available or accessible due to your failure to maintain the Creator Domain. Pictama, at its sole discretion, may refuse to provide the Shop page Services for use with a specific domain name for any reason. In addition, Pictama is not responsible for the registration, maintenance, or use of any Creator Online Presence accounts or platforms that are used to display, promote, or link to the Shop page.
b. Creator Information. You agree to make available information and resources requested by Pictama in timely manner. You agree to notify Pictama if any information you have provided to us, or any relevant information about you, has changed.
c. Affiliations. We may allow you to display your affiliation with certain organisation and associations relevant to your business. You agree that you will only choose those organisation and associations with which: (i) you are actually affiliated; and (ii) you have permission to display on your Shop page. You must promptly remove any affiliations if no longer current.
d. Policies. If the Shop page is used on a Creator Domain, you are responsible for maintaining appropriate terms of use and a privacy policy on your Shop page site. Any template policies provided by Pictama are not legal advice, provided “AS IS”, without any warranty as to sufficiency, and are for reference and optional use only. You agree to include: (i) a provision in your terms releasing Pictama from any claims (including third party claims) related to your Shop page; and (ii) reference in your privacy policy to sharing information with third parties, including Pictama.
e. Complaints. You agree to notify Pictama if: (i) a visitor has notified you that they have a complaint with you or any products or services offered by you; or (ii) you have received notice of any complaint, investigation, fine or adverse action taken by a governmental or regulatory authority with respect to your products.
f. Indemnity. To the fullest extent permitted by law, you will defend and indemnify Pictama and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use the Shop page Service and Shop page; (b) your violation of any portion of this Agreement, any representation, warranty, or agreement referenced in this Agreement, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
g. Release. If you have a dispute with one or more visitors to your Shop page or a dispute regarding Creator Content, or products, you hereby release Pictama (and our 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.
Miscellaneous
a. General Terms. These Shop page Terms and Conditions, together with the Terms of Service and Privacy Policy and any other agreements or policies expressly incorporated by reference into this Agreement, are the entire and exclusive understanding and agreement between you and Pictama regarding your use of the Shop page Service as a Creator. Pictama may also provide notices to you of changes to this Agreement or other matters by displaying notices or links to notices generally on the Pictama Service or Shop page Service.
b. Termination. Either party may terminate this Agreement upon 5 days’ notice to the other party. If you violate any provision of this Agreement, your authorization to access the Shop page Service and this Agreement will automatically terminate. Upon the termination of this Agreement: (a) your license rights will terminate, and you must immediately cease all use of the Shop page Service; (b) you will no longer be authorized to access your account or the Shop page Service; and (c) Sections 4.d, 5.e, 5.f, 5.g, 6.a, 6.b, and 6.c will survive.
c. Independent Contractor. You acknowledge that there is no agency, partnership, joint venture or employee-employer relationship with Pictama is intended or created by this Agreement or any relationship between us, that you have no power or authority to make any commitments on behalf of Pictama, and that Pictama has no power or authority to make any commitments on your behalf. You will be solely responsible for the supervision, direction and control, compensation, benefits and withholdings of all of your personnel.
d. Legal Compliance. You represent and warrant that: (i) you are in the United Kingdom; and (ii) you are not listed on any U.K. Government list of prohibited or restricted parties. (iii) As a creator you are responsible for any personal tax that would need to be paid associated to your business/brand. Pictama is a separate entity to you as a creator.
e. Contact Information. If you have questions about this Agreement, please contact us by email at [email protected]
Updated on February 24, 2021