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Intellectual Property Policy
Giving Arts
Glendale, Arizona
Last Updated: September 18, 2021
This Intellectual Property Policy (the “IPP”) outlines the responsibilities and rights of registered and non-registered users (each a “User,” and collectively, the “Users”) of our applications, software, products, and services (collectively, the “Service”) with regard to the intellectual property of Users and of Giving Arts LLC. (“Giving Arts”). This document is an important contract between Giving Arts and our Users, and as such, we have tried to make it as clear as possible. In addition to the full legal terms and text, we have provided short non-binding summaries with each clause. These summaries do not aim to replace or misrepresent the full text. For the avoidance of doubt, “intellectual property” refers to copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names, and all other such rights.
A. Definitions
“Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “IPP”) and all other operating rules, policies, including the Giving Privacy Policy and the Giving Arts Terms of Service and procedures that we may publish from time to time on the Website including but not limited to Shipping, Payments, and Returns.
- “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. “Content” also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Your Content” is Content that You create or own, otherwise, Giving Arts manages and retains rights to the Content.
- “Customers” refer to individuals or companies that purchase our products.
- “Order” refers to purchases mage by our customers. “Produced Orders” refers to Orders that have been completed and shipped.
- The “Products,” refers to the all products offered by Giving Arts our Website, including, but not limited to Wall Art, Home Décor, Lifestyle Products, Stationery, and Apparel. “Your Products” refers to Products that contain your artwork / designs.
- “Providers,” refers to the organizations and companies that Giving Arts works with in the scope of its Service to offer Products to our customers.
- “Sales Channels,” or “Stores” refers to the other websites and platforms that You use to sell Your Products, including but not limited to Shopify, Woocommerce, or Etsy.
- “Us” and “We” refers to Giving Arts LLC., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees
- “User,” “You,” “Your” refers to the individual person, company, or organization that has signed an Artist Agreement or whose artwork / designs are featured on our products and is using the Website or Service.
- “Website” refers to Giving Arts’s website located at GivingArts.org, and all content, services and products provided by Giving Arts at or through the Website. It also refers to Giving Arts-owned subdomains of GivingArts.org. These terms also govern the use of Giving Arts plugins currently used, or those we will create in the future. Occasionally, Giving Arts plugin pages and websites owned by Giving Arts may provide additional or different terms of service. If those additional terms conflict with this IPP, the terms in the additional terms with regard to the matter in conflict shall apply.
B. General
When You use Our Services and Content, You are agreeing to:
- This Intellectual Property Policy
- Our Privacy Policy
- Our Terms of Service
- Any other terms or policies we reference in any of the above.
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, this IPP constitutes the entire Agreement between Giving Arts and You pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between Giving Arts and You in relation to the access to and use of the Service.
If any provision of this IPP is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
C. When Does This IPP Apply?
By using the Service, You are agreeing, on behalf of Yourself and those You represent, to comply with and be legally bound by this Agreement and all applicable laws. If You do not agree with any provision of this IPP, You must cancel your Artist Agreement with Giving Arts, and discontinue Your use of the Service.
D. Can This IPP Be Modified?
Giving Arts reserves the right to revise this IPP from time to time and the most current version will always be posted on our Website. If a revision, in our sole discretion, is material we will notify You. The “Last Updated” date at the top of this IPP reflects the date of the last modification. Your use of the Service following the effective date of any modifications to this IPP will constitute your acceptance of such revised IPP. If You do not agree to the new terms, You should terminate your Artist Agreement with Giving Arts.
E. How Does Giving Arts Handle Intellectual Property Right Claims?
Giving Arts respects the intellectual property rights of others and we expect people using our Service to do the same. It is our practice—in appropriate circumstances and at our discretion—to either disable or terminate the accounts of Users who infringe or are repeatedly charged with infringing copyrights or other intellectual property rights of others.
Users / Artists alone are solely responsible for the artwork / designs they send us to be placed on our products. Users / Artists agree that they are the sole creator of the artwork and hold copyright to their images they have provided to us. We retain the right, at our sole discretion, to reject the production of products that contain content that we have reason to believe may be infringing copyrights or other intellectual property rights of others.
If You believe that the Content in question does not infringe on intellectual property rights of others, You should contact Giving Arts Customer Care with proof clearly outlining Your rights to use the Content.
If You notice infringement of Your copyrights or other intellectual property rights on you can notify Us as follows. Please note that Giving Arts cannot provide You with legal advice or representation, and We recommend that You speak with a licensed attorney in Your jurisdiction if You are seeking legal advice. If You are a copyright holder or are authorized to act on behalf of one, You may report alleged copyright infringements on the Service by completing the Digital Millennium Copyright Act (“DMCA”) Notice of Alleged Infringement (the “DMCA Notice”). In accordance with the Digital Millennium Copyright Act, which You can find on the US Copyright Office website.
Printify respects the trademark rights of others. Accounts with usernames, board names, or any other content that may mislead or violate another’s trademark will need be updated or may be permanently suspended.
If You are concerned that someone may be using Your trademark in an infringing way on our Website, let Us know by contacting us at [email protected]. We will review Your complaint and take whatever action We deem appropriate, which may include temporary or permanent removal of the Content in question.
F. What Can You Do If Your Content Was Removed from Giving Arts?
If You received a notification that Your Content has been removed as a result of a copyright complaint, it means another User reported that they own the rights to the Content, and requested that We remove Your Content. If You want us to forward the information from the copyright complaint notification, email us at [email protected] to let us know. Please note that We may remove some personal contact information from the original complaint.
If Your Content is the subject of repeated copyright complaints, We may disable Your account altogether.
If You think We made a mistake by removing Your Content, You can file a counter-notice with Us, by following the directions and requirements below. When We get a counter-notice that includes all of the information required, We will remove the complaint from Your account’s record.
Note: There are legal and financial consequences for fraudulent or bad faith counter-notices. Before submitting a counter-notice, make sure You have a good faith belief that We removed Your Content in error, and that You understand the repercussions of submitting a false claim. If Giving Arts is the subject of a legal cause of action on account of your false claim, You will be added to the claim and Giving Arts will not be liable for such false claim. In addition, Giving Arts may at its sole discretion delete Your account and refuse future service, which includes cancelling any orders that are active at the time, with no refund to you.
To submit Your counter-notice, email us at [email protected] and include all of the following information:
- Your name, address and phone number.
- The web address of the Content We removed (copy and paste the link from the notification email).
- A statement under penalty of perjury that You have a good faith belief that Your Content was removed in error.
- A statement that You consent to the jurisdiction of Federal District Court for the judicial district in which your address is located or, if Your address is outside of the United States, for any judicial district in which Giving Arts may be found, and that You agree to accept service of process from the entity who provided the original complaint.
- A physical or electronic signature (for example, by typing Your full name).
- Any additional information you have showing that You own or are otherwise entitled to use the Content at issue.
If You received a trademark complaint notification from Us, You can contest it by emailing [email protected] and letting Us know why You think the complaint is invalid. Please include the trademark complaint reference number from the notification. If You want Us to forward the info from the trademark complaint notification, let Us know and We’ll be glad to send it along although We may remove personal information.
G. What Are You Agreeing to Under This IPP?
By allowing Giving Arts LLC to use your artwork / designs on our products, You represent and warrant that: (i) You either own the Content posted by You on or through the Service or that You otherwise have the legal right and authority to use Your Content; (ii) the posting and use of Your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) You agree to pay for all royalties, fees, and any other monies owed through use of Your Content that you provided to us illegally on our Service to the individual or organization who legally owns such copyrights and trademarks; and (iv) You have the legal right and capacity to enter into this Agreement.
If You are unsure about your rights regarding the usage of Your Content, You agree to perform all due diligence on Your part to ensure that Your Content is free for You to use on the Service.
More information can be found at the U.S. Copyright Office and the U.S. Patent and Trademark Office.
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